January 31, 2022

Practical Tips for Attorneys Presenting a Case for Litigation Funding

All attorneys know the adage “they sure don’t teach that in law school.”  Well, if law schools do not teach attorneys how to file a pleading with the court or deal with difficult opposing counsel, they certainly do not teach us how to present a case to a litigation funding company for funding. 

Following these easy tips can help you and your case make a good first impression.

Show up to the meeting. 

While it should not have to be said, failing to attend your initial meeting does not make a good first impression.  Incredibly, it happens all the time and cuts against the funder’s willingness to trust you with its investment. 

Show up to the meeting on time.

You wouldn’t be late for court, would you?  Treat the funding company with respect and be punctual.  After all, you are asking for money!

Attend by video if the meeting invite calls for it. 

If the pandemic taught us anything, it was how easy it is to attend a meeting by video.  Attend by video if a funding company sends you a Zoom invite.  Funders want to visually meet you to get a sense of who you are, where you are located, and how a judge or jury might see you, especially with the prevalence of video court hearings.  Calling in by phone makes for a poor first impression. 

Don’t hide your bad facts. 

The funder’s team of attorney underwriters will find them, so be sure to bring them out on the initial call.  If a counterclaim was filed against your client, explain that and the basis for your defense.  Don’t present your case as a slam dunk plaintiff’s case leaving the underwriters to find the equally compelling counterclaim on the court’s docket. 

Be willing to share important case pleadings and documents. 

A litigation funder employs a team of underwriting attorneys that will want to see everything on the case.  From pleadings to deposition transcripts to written settlement offers, underwriters want to see it all.  Be prepared to share the good and the bad in the diligence process.  This is the only way for the funder to underwrite the case and make an intelligent funding decision.  

Understand the litigation funder sees all types of cases.  

A litigation funder like Pravati Capital has a diverse portfolio of investments.  It is important to educate the funder about the details of your case and the applicable law.  Every case is different.  Explain why you and your case will be successful.  Don’t assume the funder will see the path to victory just because you do. 

You are selling yourself as much as the case. 

Would you trust yourself with the money?  Litigation funders are evaluating you – the attorney – as much as they are the merits of your case.  Leave no doubt that the funder can trust you with its investment. 

Finally, you should understand that raising capital is hard. 

Show that you care about your funding request and recognize the importance with which the funder must take it.  Offer to get on a plane and meet in person to seal the deal.  Be willing to go the extra mile.  After all, you don’t get a million dollars in case funding just because you went to law school.    

Contact Pravati Capital Today

Whether you are a solo attorney, a large international firm, or somewhere in between, Pravati Capital can help alleviate financial stress. Call us at 844-772-8284 or complete our online contact form now to learn more. Pravati Capital is a partner to law firms, providing the flexibility for contingency fee arrangements, marketing, or litigation expenses. Together, we help your firm leverage its case portfolio’s underlying value and turn potential into profits.

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