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Articles Posted in Outside Counsel

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Law-firm performance management data and its uses by law departments

During the summer of 2005, Bottomline Technologies, the provider of eXchange, surveyed the Fortune 1000 companies and AM Best 200 insurers. Of the 1,892 individuals sent e-mail invitations to participate, more than 10 percent responded. Thomas Gaillard of Bottomline reported some of the results at ACC’s 2005 Annual Meeting. The…

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Shifting criteria for evaluating new law firms and incumbent law firms

From a large, web-based survey conducted for LexisNexis Martindale-Hubble (Counsel to Counsel, Nov. 2005 at 17) came an interesting nuance. When law departments were selecting a new firm, they rated expertise, client service, reputation in that order, with fees and budgeting in sixth place — which in turn were more…

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Total cost of outcomes (TCO) and techniques for litigation management

An article aimed at insurers (Claims Magazine, Oct. 2002 by Tewabe Joro Ayenew) speaks to insurance carriers handling large claims portfolios. But its lessons apply more broadly, and it unearths a provocative metric. In brief, the article concludes that as to two common efforts – legal bill auditing by third…

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When the urge to converge of law departments goads the urge to merge of law firms

As law departments put out to bid portfolios of legal services that can reach tens of millions of dollars, larger law firms – with the capacity, reach, infrastructure, and capital to handle boatloads of work – will be the odds on favorites to be chosen. Convergence efforts by clients, therefore,…

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In high stakes matters, 52% of CEOs involved in choice of outside counsel, and 20% decide

This finding came from a survey of LexisNexis Martindale-Hubble (Counsel to Counsel, Nov. 2005 at 17) to which 635 in-house counsel responded, 461 of which were from the United States. The summary strongly suggests that the “matters” in which CEOs intrude are adversarial, such as law suits, regulatory proceedings, or…

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Setting minimum experience requirements for associates working on matters

A press release about the 2005 ACC/Serengeti survey of law departments mentioned that one of retention terms it asked law departments about was “minimum experience requirements for associates working on matters.” I respect the survey for asking about this, but such a requirement strikes me as a blunderbuss approach. Doesn’t…

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A paradox of specialization yet much more outside counsel

Why is it that the so-called generalist lawyers who support a business unit tend to use outside counsel more sparingly than do specialist lawyers, such as intellectual property or employment/labor lawyers, who turn to them frequently? Wouldn’t it be expected that if you’re a specialist, you should know your area…