Though it appeared for much of the last quarter of 2021 that the pandemic might finally be winding down, the subsequent tsunami of omicron variant cases all but guarantees that the continuances and backlogs that have plagued courtrooms for nearly three years will remain a stubborn COVID-era reality for some time to come. This will present challenges for litigators of all stripes, the National Law Journal notes in a recent sobering article, but “particularly for the plaintiffs bar with its specific focus on individual clients.”
“We don’t get paid until the courts approve our fees,” New York-based Labaton Sucharow partner Carol C. Villegas tells the Journal.
“In Los Angeles County…we have exactly four courts that could accommodate a 12-person jury trial using social distancing,” Robins Kaplan partner Roman M. Silberfeld adds in the same piece. “That’s the kind of thing that makes for real delays.”
It’s a grim picture—and if COVID has taught us anything, it’s that putting on rose-tinted glasses is inadvisable—but are plaintiff’s attorneys truly as helpless and at the mercy of events as it might seem?
The National Law Journal article predicts a reduction in multidistrict litigation and “a rise in arbitration and private judging in 2022,” because, Silberfield reasons, “the regular system is not available in any certain time frame that makes sense.”
Of course, if you understand this downward pressure to settle, defendants counsel surely are counting on it as well—and will seek to use it to their advantage.
There is, however, an inexpensive, fast, reliable way for plaintiff attorneys to regain their power and profitability even in this moment of extreme volatility and unpredictability: Take a case expense loan from LevelEsq.
Our fast, flexible Lawsuit Cost Financing (LCF) solution is a case-specific credit line with funds disbursed as needed and repayment terms that align with case lengths.
Is it difficult to secure such a boon?
No, it is, in fact, quite simple.
Further, if the case qualifies for Litigation Cost Protection (LCP), we will add a policy to your loan, charge you only interest for life of the case, and provide you with the protection which will repay your principal balance if you lose the case.
The truth is, omicron has demonstrated beyond a shadow of a doubt that plenty of doubt remains when it comes to what, precisely, the COVID endgame will look like. Cases numbers could rapidly decline in the next few weeks -- as some predict -- or we could get more mutations, variants, super variants. On a macro scale, absolutely nothing is certain. We could be in for a bumpy ride.
On a micro scale, on the other hand, LevelEsq can provide both your firm and, by extension, your clients a degree of stability and certainty that otherwise would not exist. That’s good for you, for your client, and for the future of plaintiff lawsuits.
Don’t let the reverberations from the pandemic throw you off course. There is a shelter from this storm. And it is within your reach, today.