Leading Litigator Report
From AI to alternative funding, our new report, in collaboration with The Lawyer, explores what general counsels are prioritising, and how in-house legal teams are approaching dispute resolution in 2026.
What are the top concerns for in‑house teams this year?
Completed in collaboration with The Lawyer, our new report surveyed 81 businesses to identify the priorities defining the year ahead for in‑house legal teams.
We look at the general appetite for litigation – and what may prevent it – as well as how GCs are handling alternative funding, the rise of AI, and geopolitical influences. As in-house teams face increasing pressure to manage risk, control costs, and limit exposure, we also explore the vital role external dispute resolution experts can play.
Our new report finds that nearly seven in ten GCs (69%) now view litigation as either an operational necessity or a strategic investment. For many, it is a way to safeguard flagship products, protect critical intellectual property, and strengthen their position in the market. In these situations, taking a dispute to court becomes a decisive tool for defending reputation, relationships, and resources.
This demonstrates that litigation has, in the face of an increasingly litigious public, become normalised within the business landscape. But with so much potential at stake, which key issues are general counsels most concerned about this year?
Key findings
AI adoption is accelerating
With 64% of respondents using AI to streamline internal processes, there are clear benefits for litigation when AI is used responsibly.
AI‑generated claims are increasing pressure on legal teams
Claims brought via AI – with their increased legal terminology and detailed complaints – are creating a considerable drain on time and resource.
Alternative litigation funding is gaining traction
Engagement with alternative litigation funding received a mixed response, however 69% noted either previous usage, or an intention to explore it.
Key barriers to alternative funding adoption remain
The main barriers to using alternative funding included complex agreements, reputational concerns, and loss of control over strategy.
Cybersecurity is the leading geopolitical risk
The greatest geopolitical concern cited was cyber-security threats, with 32% of respondents having encountered data privacy and cybersecurity litigation within the last 12 – 24 months.
Why trusted external counsel matters
The pace of change across the litigation landscape means GCs are facing unprecedented pressure. From the rise of AI‑generated claims to escalating cybersecurity threats and growing geopolitical risk, the demands placed on legal teams continue to rise.
At Irwin Mitchell, we understand that in‑house teams need a strategic, external legal partner who can:
- Bring deep sector knowledge and specialist dispute resolution expertise
- Manage volume, handle data securely, and meet critical deadlines
- Respond quickly to emerging risks
- Work as an extension of your team to help you manage complex cases with confidence.
We are the trusted external counsel you need, bringing clarity, consistency and control when it really matters.
This report reflects our ongoing commitment to supporting in‑house teams as they navigate an increasingly complex legal environment.
Find out more about how our dispute resolution experts can support your business.
Meet an expert from our commercial disputes team
Our team of leading commercial litigation specialists helps you navigate complex disputes, assess risks and move forward with clarity.
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