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Articles Posted in Outside Counsel

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Compare the law firms you use by average years of experience of lawyers who charge to your matters

My hypothesis correlates size of law firm with average shortness of legal careers. The larger the law firm, the lower the average number of years out of law school of its lawyers. If you hire a 1,000 lawyer firm, all the associates on the matter and the relatively diminished input…

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If the respected partner leaves for another firm, the partner’s performance is likely to suffer

If you follow the star partner, the sun may set. Most in-house counsel will be inclined to follow a well-respected partner who leaves one firm to join another. Few law firms fight that choice, I believe, because the leaders of the firm understand the underlying loyalty to a particular lawyer…

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Ways a general counsel can cut down on direct retentions by clients of outside lawyers

Many companies officially adhere to a policy that “Only the law department may retain external counsel.” The rule generally honored, infractions still pop up here and there. What can a GC do? Make sure there is a clearly-worded corporate policy easily obtained by everyone in the company. Continually repeat and…

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Pareto optimality as a consideration when dealing with the law firms that represent your department

Pareto optimality, roughly, describes a situation in which no one’s position can be improved without making someone else’s position worse. That definition comes from Stephen H. Kellert, Borrowed Knowledge: Chaos Theory and the Challenge of Learning Across Disciplines (Univ. Chic. 2008) at 161. If you contemplate a change in your…

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“Weekly rates” of law firms and some derivative thoughts about them

An article in Law Practice, Nov./Dec. 2010 at 34, mentions several variations on the billable hour, including “daily, weekly and annual rates for individuals and teams.’ My vote against daily rates has already been cast, with later equivocation (See my post of June 5, 2007: daily rates for outside lawyers…

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Beta, fixed-fee arrangements with law firms, and some beta-blockers that you better understand to abate beta

If you ask a law firm to propose a set fee to handle a future stream of your legal services, if they take into account the range of the possible mixes of those services, if they conjure up all the exceptional matters and cases they might handle, they will inflate…

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Passivity and pusillanimity of law departments when they should aggressively insist on detailed proposals for alternative fees

The Chairman of Shook, Hardy & Bacon, a 500-plus attorney firm with revenues of more than $1 billion, wrote about alternative fee arrangements (AFAs) in Law Practice, Nov./Dec. 2010 at 29. John Murphy noted that one-third of the firm’s revenue, notably in its litigation defense practice, comes from AFAs. What…