CFO Briefing

Capital calls

The trial cost cliff

Case costs are not linear. Schedule the spending that clusters before trial, and test the portfolio as a range, not a single line.

Published October 3, 20267 min readReviewed October 3, 2026

Flat burn rates miss the spike

Early case costs — records, filing fees, depositions — tend to be modest. Expert retention, reports, exhibits, focus groups and trial logistics tend to concentrate in the months before trial. When several trials land in the same quarter, the firm faces a capital call it cannot defer.

JusticeCFO lets you enter a trial date and an expected trial budget per case. The budget is spread across the 90 days before trial, and only the remaining typical spend is spread over the rest of the case.

Think in ranges: P10, P50, P90

Because outcomes, amounts and timing are uncertain, Capital Lab runs 2,000 simulations of the next 12 months. Each case wins or loses based on its probability, its fee varies around the estimate, timing slips, and trial-stage cases face a chance of continuance.

P50 is the middle outcome. P10 is the level 90% of simulations stay above — the line to plan payroll and new case investment around. The breach probability tells you how often the firm would dip below its own minimum.

A practical rule

If trial costs due in the next 90 days exceed roughly 30% of liquidity, arrange credit or stagger investment before the experts are retained. This threshold is a JusticeCFO management guideline, not an industry standard; set your own based on your history.

This briefing is educational. It does not provide legal, tax, investment, or accounting advice. Apply the cited evidence only after considering its scope and consulting the firm’s advisers where appropriate.
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