7 Forces Driving Litigation Higher and Harder

Buckle up. Litigation spending on outside counsel is jolting up again.

64% of corporate counsel are increasing their litigation spending in 2026. More clients plan 10% increases than we have seen in over 10 years. Why?

There is no escape. Clients face an avalanche of new (and old) litigation – with more of it directly impacting clients’ revenue, business operations, growth and strategic directions.

For law firms, this translates into unprecedented chances to win premium-rate, strategically vital litigation work.

In short – litigation is more mission-critical than ever – changing the fundamental nature of the litigation market with a multitude of high-rate opportunities.

We just released the results of our brand-new survey of more than 350 top legal decision makers managing litigation in the BTI Litigation Outlook 2026: More Contentious. More Complex. More Spending. Here are the top 7 findings:

1. Litigation now directly impacts core business operations (revenue) – raising urgency, and rates
2. Bet-the-company litigation is expanding rapidly – creating a fast-growing, complex segment
3. Cases are more contentious than ever – fueling new firm preferences and strategies
4. Litigation budgets are surging – with double-digit jumps and growth across 6 key areas
5. Clients describe “litigation chaos” – peak caseloads, novel claims, outsized risks
6. Spending is climbing higher – 64% of clients are increasing, up from 57% last year
7. Clients are investing in litigation as a growth driver – aiming to clear the path for new products, new markets and revenue generation

Only the BTI Litigation Outlook 2026 maps out exactly where the spending is and isn’t – enabling you to target your business development efforts to the best and most robust opportunities.

Clients Share Law Firm Preferences and Powerhouses for Litigation – By Name 

Learn the law firms – by name – clients think are best positioned to get the new work – and the most feared law firms.

Discover the new business development tactics and how clients are spending their litigation dollars in 2026 for 8 segments and 15 industries.

The Market Most Litigators Have Only Dreamed Of

The market litigators dreamed of is here – precedent-setting cases, strategic stakes and clients ready to invest. BTI Litigation Outlook 2026 shows you exactly where, how much and with whom. Don’t just watch the surge – turn it into your high-rate growth platform.

Get your copy of BTI Litigation Outlook 2026: More Contentious. More Complex. More Spending. Order today.