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The litigation financing industry has experienced explosive growth in recent years, with market size estimates projecting it will be a $20 billion industry within the next 4-5 years. This influx of capital has fundamentally changed the dynamics for law firms, allowing them to take on significantly larger case inventories than ever before. But this rapid growth also creates challenges - how can law firms fund the upfront costs associated with acquiring and developing large dockets of cases?
This is where fee deferral comes in. Fee deferral solutions allow law firms to defer paying fees for case development services until the time of settlement. Rather than paying these costs upfront, firms can redeploy that capital into acquiring even more cases. This approach unlocks substantial financial leverage and improves ROI by a staggering 40-50%.

However, not all fee deferral offerings are created equal. Many providers fund fee deferrals through their own balance sheet, taking on risk until settlement. To reduce their risk exposure, these providers often prioritize near-settlement cases while letting other cases languish untouched for years. Law firms working with these partners routinely complain of having no visibility into case progress and inactive cases.

Case Works has structured their fee deferral solution to align incentives and provide transparency for law firms. Rather than putting their own balance sheet at risk, Case Works partners with third-party litigation funders who take on the risk associated with deferred fees. This enables Case Works to work every case equally, applying the same high-touch approach regardless of where the case sits in the litigation timeline.

Law firms exploring fee deferral solutions should ask potential partners key questions, like: What other cases are you working on? How will you fund the work? Are you comfortable with pre-Daubert torts? Do you provide reporting transparency? Case Works' approach delivers the consistency, transparency, and experience law firms need to optimize fee deferral.

The exponential growth in litigation financing has unlocked substantial opportunities for law firms to scale. But realizing that potential hinges on implementing the right fee deferral solution. With the appropriate partner, fee deferral can provide law firms with a strategic lever to unlock transformative growth.

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