Litigation Cost Protection Provides Greater Access to the Courts – Here’s Why

September 21, 2021

September 21, 2021

Litigation Cost Protection Provides Greater Access to the Courts – Here’s Why

Those on the defense side or big liability insurers may think Litigation Cost Protection (LCP) encourages frivolous suits or inspires attorneys to throw cases that become too lengthy or difficult.

Just as with their initial reserves or mediation offers or overall litigation strategies, these folks are wrong!

Aside from ethics rules that discourage such conduct, LCP creates absolutely no incentive for lawyers to litigate cases that they don’t believe have value or merit. Quite the opposite, in fact: LCP encourages the proper resolution and removes the increasing cost of litigation into the decision making of plaintiff’s counsel.  

An unscrupulous litigator seeking a payout would be playing an extremely long game with virtually no return on their investment of money or time. Essentially, he or she would have to file and serve the defendant; survive discovery, motions for dismissal and summary judgment; and, finally, subsume both professional pride, personal ego, and client advocacy to…chase a loss.  

All this to regain out-of-pocket expenses at no interest, likely after years on the case simply makes no logical sense.  

No, in this circumstance Occam’s razor— “a scientific and philosophical rule,” per Merriam-Webster, “requiring that the simplest of competing theories be preferred”—is the better bet: Attorneys have long grappled with how to manage costs and mitigate the financial risks of litigation. And LCP is the “simplest,” most foundational solution.

Further, with LCP, LevelEsq provides an alternative that removes disincentives for plaintiffs to persist in litigation. And by setting plaintiffs on equal footing, defendants should be encouraged to properly value their cases and resolve them efficiently before trial.

It's also important to remember that this isn’t the only tool LevelEsq offers to provide plaintiffs’ lawyers the freedom they need to win cases and maximize revenue.

Building on its commitment to aid the cases and bottom lines of trial lawyers, LevelEsq also offers Lawsuit Cost Financing (LCF), which provides a customized line of credit for individual cases at a reasonable rate with flexible repayment terms. LCF, when combined with LCP, can prove to be a powerful force multiplier.

Why?

Let us count the ways…

Traditional loans ultimately must be repaid—usually at high interest rates—and are often secured with personal property or life insurance. Lawsuit investors can provide cash at the inception of a case in return for a percentage of the plaintiff’s recovery, it’s true. But these arrangements, which rely on investor satisfaction for sustenance, can strain duties of client loyalty and confidentiality.  

Pairing LCF with LCP allows lawyers to litigate cases without self-funding costs, obtaining traditional loans, or worrying that a trial loss will leave them financially hamstrung.  

Those are incentives to fight and win, to pursue justice, and to honor their oath; pure and simple.

It’s time for you to Raise the Bar™ with LevelEsq.

To learn more, please visit www.levelesq.com.

Larry Bassuk
Co-Founder and President of LevelEsq

How can we help your firm?

Lawsuit Cost Financing

Quick and seamless access to capital to fund your case expenses.

Litigation Cost Protection

Protect the downside with insurance coverage for litigation costs.