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The Investment Manager is responsible for conducting due diligence on the legal merits for each claim and arranging the finance for litigation/arbitration funding. They are also responsible for the monitoring of cases which have been financed.
Case Review and Assessment
Review commercial claims to assess for investment potential. Specific responsibilities involve:
- Considering and evaluating the strength of the claim’s legal merits, including detailed assessment of legal arguments and documentary and witness evidence.
- Review Counsel’s opinion, all documentation received and prepare summaries for internal review.
- Conducting research into legal authorities (case law and statutes).
- Considering and assessing the commercial merits of a funding application.
- Preparing internal technical legal advice relating to the merits of a funding application.
- Case preparation (where case looks likely to progress)
- Considering and developing strategy for pursuing the litigation or arbitration.
- Assisting in the preparation of the budget for the litigation or arbitration which is the basis of the funding application.
- Liaising with lawyers, insurers and finance professionals in respect of the funding application.
- Build funding applications and discuss financial terms with claimants and law firms.
- Liaison with external counsel on cases.
- Liaise with the cost consultants and other stakeholders in the business re the economics of the case.
- Drafting and negotiating a range of agreements and ensuring the correct execution of the same.
- Present legal and commercial findings and recommendations to the investment committee.
- Dealing with the ATE insurer to agree policy prior to releasing the funds.
- Contribute to the thought leadership positioning of the business through contribution to the development of articles and other marketing collateral as is needed.
Review, appraise and keep abreast of each funded case to work towards successful and timely resolution. Specific responsibilities involve:
- Regular liaison with external lawyers and/or Claimant.
- Ongoing monitoring and management of key milestones working to keep cases on track, in accordance with Court Directions/ timetable.
- Anticipating any potential problems, whether legal or economic before they become an issue.
- Identifying and summarising key issues for discussion at regular meetings with management ensuring they are kept informed of case progress.
- Reviewing and approving external lawyers’ timesheets and invoices – manage and challenge, where necessary, according to agreed budgets.
- Ongoing monitoring and comparison of forecast costs versus actual costs.
- Liaising with lawyers on budget variations and seeking sign off by investment committee.
- Problem solve and negotiate with the claimant solicitor, the claimant and ATE insurer.
- Conducting economic analysis of settlement offers and providing illustrations to the lawyer and Claimant.
- Attend Court hearings as and when required.
- Reviewing all documentation relating to each case identifying and collating any key missing documentation.
Actively participate in continual professional development taking an active interest in the industry and in developing new ideas and skills which can be of benefit to the business.
- Qualified Solicitor (Australia or other Common Law jurisdiction) with a minimum of 12 years PQE.
- Insolvency experience desired.
- Comfortable with numbers including the commercial aspects of a claim.
- Ability to apply a pragmatic approach to achieve a balance between business and commercial reality plus professional/technical standards.
- Acts with discretion, integrity and professionalism at all times.
- Demonstrates strong interpersonal skills across all levels of people.
- Demonstrates exceptional influencing and negotiation skills.
- Seen as a cooperative team player willing to resolve issues for the good of all.
- Proactively develops initiatives with the objective of delivering an effective and efficient service to the business and clients.
- Ability to multi-task and manage competing deadlines – calm under pressure.