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Damages Based Agreement (DBA) Insurance

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A new solution for law firms

DBA Insurance offers a way for law firms to take potentially lucrative cases on a contingent fee basis, whilst managing the downside risk.

Damages Based Agreements (DBAs) allow commercial litigators in England & Wales to offer contingency fee arrangements to their clients. This can help to support new business development in what is an increasingly competitive legal market, whilst increasing the law firm’s profitability, given the potential financial rewards available.

While law firms may be attracted to the idea of contingency fee arrangements for the right cases, the risk exposure associated is often a difficult barrier to overcome for the firm’s financial controllers. DBA Insurance provides a solution by enabling the law firm to share the fee risk with the insurance market.

 

Onsite Training: Booking now 

Does your team need training on DBA insurance and other market developments or a refresher on key issues and recent case law relating to the management of legal fees in a dispute? If so, we can provide onsite workshops, tailored to your area of practice. Our unique market positioning means we can provide your team with an overview of both the litigation insurance and litigation funding markets.

How it works

If the case is lost, the DBA insurer reimburses the law firm for an agreed portion of the fees incurred. This ensures that the law firm receives some fee income, regardless of the outcome of the case.

If the case is successful and the firm recovers its success fee, the law firm pays the insurer a premium from the success fee collected. The premium is only payable if the case succeeds and generates sufficient fee income to the firm.

The insurance is designed to enable law firms to manage their risk exposure, whilst maximising the profitability of the success fee for the law firm. By sharing the risk with insurers, law firms have greater flexibility to offer and grow their alternative fee portfolio in a financially controlled manner. Where the law firm wishes or needs to receive some fee income during the life of the case, the insurance policy can be used to underpin a finance arrangement. This removes the need for the litigation funder to take on any risk, thereby reducing the cost of the capital when compared to traditional litigation funding.

Further Reading: 

Sharing the DBA fee risk. The Lawyer 

‘Game-changer’ for UK litigators with launch of first DBA insurance. Solicitors Journal

Insurer Launches Cover For Lawyers Who Lose Cases. Law360

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