5 minutes with... Vanessa Biondo

My first exposure to legal finance was in 2013, as a partner at Mayer Brown. We had a client who owned a small business and had a large claim; he wanted to use our firm but couldn’t afford the big-firm rates, so we helped him find financing. Throughout my career I also worked on cases that were funded—on both sides of it.
It’s been really interesting to see not only how the legal finance industry has expanded, but who is using funding. It’s not just entities that can’t afford to fund litigations that are using legal finance—it’s increasingly entities that could afford to bring litigation on their own, but are choosing not to, because they want to mitigate their risk and don’t want to carry the cost of litigation on their balance sheets. It’s also been interesting to see how law firms can grow through these funding arrangements, expanding their practices on either a single-case or portfolio basis.
Lawyers want to know how funding can benefit their practice. And the answer is that funding allows lawyers to take on cases they wouldn’t otherwise be able to take on, thereby expanding their books of business. When we fund a case, we’re freeing the firm from having to take the case on full contingency. This means their realization rates can stay strong; they don’t have their partners complaining that firm time is being spent on matters without any money coming in the door.
Based on my experience as a law firm partner, it hasn’t been a surprise to me that a lot of big and very successful firms are using legal finance. What has been a bit surprising to me is the number of those firms that use it. Before I came to Burford, as someone pretty familiar with legal finance, I knew funding was widely used in the industry—but I didn’t appreciate just how widely.
Our funding arrangements with firms are confidential so we can’t name names, but Burford has discussed potential arrangements with 94 of the AmLaw 100. It sounds silly to say, “Everybody’s doing it,” but everybody kind of is. And I think we’re going to see an increase in that number over the next five years.
First and foremost, it’s important for lawyers to know what legal finance is. I think most lawyers will say they have some familiarity with it, but not all of them truly understand how it works. So as a starting point, we’re always happy to educate attorneys on what we do, both for their own benefit and the benefit of their client. It’s a missed opportunity not to keep legal finance in mind as an option—it allows clients who wouldn’t otherwise bring cases to bring them and allows clients who would bring them regardless to offload risk and to use their capital for other purposes.
Additionally, I think it’s important for attorneys to know that we can also monetize their clients' claims. This means if a lawyer has a client who is anticipating a sizable recovery at the conclusion of a litigation, Burford can provide a portion of that expected recovery today—on a non-recourse basis—so the client doesn’t have to wait the years it’s going to take for the litigation to resolve to receive the value of the claim. The client wins because they can put that capital to work for their business today. That's a welcomed opportunity across the board, but even more so for clients who could use an infusion of cash. And the lawyer benefits by getting to litigate claims that may otherwise not have been financially feasible to litigate.