Although it would be preferable for a law department that installs an e-billing system to push nearly all of its law firms into compliance with the system, such a comprehensive effort will take much time. Aside from the time and effort, it may not yield that much incremental information and…
Articles Posted in Outside Counsel
RFPs every three years to obtain discounted rates from firms
Exelon’s law department puts law firms in competition for its business “by sending out RFPs every three years.” According to InsideCounsel, Aug. 2007, at 51, firms seeking the utility’s nod answer a questionnaire and “submit to an extensive interview with the law department’s leadership team.” The primary goal of the…
Combine partners from two firms to create a powerful team
For some matters that require outside counsel, one law firm doesn’t have all the horsepower you need. For example, after a series of major lawsuits were filed against it starting in 2003, Johnson & Johnson created a blended trial team. As described in the Nat. L.J., Vol. 29, July 16,…
A barebones, outside-counsel cost database in Excel
A down-and-dirty tracking system for outside counsel costs would enable a general counsel in a small department to track and report on fundamental information using nothing more than Excel. The data to be tracked would be law firm, matter type, internal client, invoice amount, and date of service. Five or…
Referrals dominate as the means of identifying outside counsel beyond US borders
An ALM survey in May of 2006 (coupled with interviews in early 2007) looks at how US companies select international outside counsel. Of 17 tools and resources the participants could select to explain how they identify and select outside counsel in another country (pg. 13), six of the top eight…
Infrequent use of foreign law firms (excluding IP) by US law departments
A study conducted by ALM in May of 2006 (released in the Spring of 2007) looks at how US companies select international outside counsel. The study gathered survey responses from 219 senior lawyers and many of them participated in interviews six months later. Somewhat over half of the companies had…
How to prove savings from a fixed-fee arrangement
Here is a way to calculate and prove savings that are promised by a fixed-fee arrangement. Start with historical data for at least the past three years about spending in the area that will be handled for the fixed fee. With that data, it is easy to extrapolate expenditures for…
One objection to fixed-fee arrangements: a risk that quality of work may decline
Often when I recommend a fixed-fee arrangement for a law department, someone will worry out loud that the law firm might shirk if it looks like the money will end before the matter. The quality or quantity of work may decline as the firm nears its fixed-fee ceiling. I disagree,…
Invite to a competitive presentation only the associates who will work on a matter
Bait-and-switch is an ugly term for an unfortunate practice: the suave and senior partner stars at the competitive presentation, but if the firm is selected other lawyers actually work on the matter. Some law departments, those who favor core team (See my post of Dec. 8, 2006, 2007 and my…
Doubtful that a quarter a typical in-house lawyer’s time is spent managing outside counsel
Six years ago, based on a survey they conducted, ACCA and Serengeti announced that 24.3 percent of in-house attorney time, on average, is spent managing outside counsel. That percentage seems much too high. Many in-house lawyers serve in as generalist legal counsel for a business unit, and those lawyers do…