Close

Articles Posted in Outside Counsel

Updated:

Although not my view, six more arguments against competitive bidding processes

Two years ago I catalogued ten reasons not to stoop to competitive selections of outside counsel (See my post of Oct. 10, 2008: reasons to oppose competitive bids.). Still strongly in favor of that method, I recognize that opponents might put forth additional reasons. Perhaps in a follow-up post I…

Updated:

Putting a firm’s value where its client’s money is — a firm offers: pay us what you think our legal services were worth

The always-stimulating newsletter of Laurence Simons reports that UK firm CMS Cameron McKenna has unveiled a “new marketing campaign [that] includes fixed fee options, discounts for placing all your legal work with the practice and, perhaps most frightening of the lot, an invitation to ‘pay what you think the work…

Updated:

A possible RFP question: what has your firm done to protect against hackers?

It is too easy to adorn RFPs with questions that do not in the crunch make a palpable difference to the in-house counsel who evaluate the RFPs and choose firms. Experience, depth of talent, subjective impressions of quality, and cost structure easily and consistently push other considerations out of the…

Updated:

A misnomer: institutional knowledge of firms is mostly individual knowledge

Although much touted, serious doubts exist in my mind about the efficacy of so-called institutional knowledge of law firms. I have no doubt that individual partners who work on a series of matters over several years with a company come to understand chunks of the company’s history, culture, senior leaders,…

Updated:

The synecdoche error of using “the XYZ firm” to describe a bundle of variant behaviors

A book review in the Admin. Sci. Q., Sept. 2003 at 525, praises Emmanuel Lazega, The collegial phenomenon: the social mechanisms of cooperation among peers in a corporate law partnership (Oxford 2001). The review raised the question for me of how sensible is it for lawyers in a legal department…

Updated:

Thoughts on fees of investment banks as the critique might apply to fees of leading law firms

Investment bank fees and elite law firm fees share a trait: altitude. In fact, the British competition agency, the Office of Fair Trading, has started an investigation into investment bank fees for equity underwriting. The Economist, June 19, 2010 at 80, takes a look at the inquiry and offers some…