RE: Price down, but can sell in volume8 Oct 2025 16:25
If one were to pick the winners and losers in legal actions, using the pin method, one might expect to pick the winners 50% of the time, as there will be equal numbers of winners and losers. Picking the winners 75% of the time, which is what the claim of winning three times as many cases as are lost means, would be impressive, if it were true. This, however, is not the whole story, as there are no reliable statistics to show the percentage of plaintiffs who "succeed" or what "success" actually means. All one can say is that given the risk of losing and the costs that would accrue therefrom, a plaintiff would need to be pretty confident of success to take the risk of suing a third party. This would tend to skew the chances of winning, as far as any backer is concerned, toward the plaintiff..
The other issue is costs of losing versus the rewards from winning. If, say, one were to invest $1m into each case, and win $2m on each success, a 50% success rate would mean that the winnings would be double the losses and, excluding company overheads, the company should be profitable. LIT has, traditionally, claimed to win about three times its outlay on each case. On this basis, with a 3:1 win to loss rate and a 3:1 fee to funding loss rate, the result should be akin to shooting fish in a barrel, generating a 9 to 1 return (assuming that cases have investment, which clearly they do not).
A run of three bad cases is not statistically significant. Think of picking red versus black at a roulette table: one can easily get it "wrong" three times in a row. On that basis, provided the situation here is no more than a run of bad luck, there is no need to panic. The matter of concern is the legal judgment that has been exercised, namely whether it has been competent. If, as has been suggested, past successes have gone to the head and poor legal advice has been swallowed in a desire to fund an increasing number of cases, the future is not bright and one must hope that the promised review of cases results in a rapid and ruthless weeding out of all cases that are going "pear shaped". Time will tell how successful that will be but any news about abandoned cases might give us an idea of where the problem rests, ie luck versus hubris.