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Articles Posted in Outside Counsel

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Factors that erode the rational best choice of a law firm

In a rational-actor model, corporate lawyers hire the law firm most suited to handle a matter according to an objective determination of various firms’ skills and costs (See my post of Aug. 22, 2006 that reviles “beauty contest” as a description.). This Dr. Spockian, information-processing model departs in many ways…

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To improve relations with law firms the most, according to firms, hire us early!

A recent article in InsideCounsel, Sept. 2006 at 46, refers to a survey by that magazine and one notable finding: “Law firm lawyers said getting them involved early on matters is the single most important thing legal departments can do to improve their relationships with firms.” My cynical spin on…

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“Pricing among law firms is not competitive when it comes to litigation services”?

In May 2006, 162 readers of InsideCounsel completed a survey which found that more than 8 out of 10 believed alternative fee arrangements are a tool to control litigation costs (See my post of Sept.17, 2006 for more on this survey by Butler Rubin.). The published comment after that datum,…

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Alternative fees as a survey’s example of revealed preferences over expressed preferences

During May 2006, 162 readers of InsideCounsel completed a survey sponsored by a law firm, Butler Rubin. Asked “Do you believe alternative fee arrangements are a legitimate tool to control litigation costs?” about 84 percent of them agreed. Yet to another question, “Have you ever used alternative fee arrangements?” 40…

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Fixed-fee arrangements and out-of-pocket disbursements

Fixed-fee deals are bespoke. Even so, to the extent any fixed-fee arrangement with a law firm is typical, it often includes in the set payment the firm’s out-of-pocket disbursements. It is also standard for those arrangements, however, to exclude very large disbursements such as for expert witnesses and sophisticated software.…

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Even with a fixed-fee arrangement, the department needs to receive and review bills

A fixed-fee arrangement with a law firm (See my post of April 5, 2006 with definitions of fixed and flat fees.) should reduce bill review precipitously. Nevertheless, the law department should continue to receive bills as it normally does and it should periodically check some of them (See my post…