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Articles Posted in Outside Counsel

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When profit margins of big firms are five times those of big companies, why not try to reduce fees a smidgeon?

An excellent article in the ACC Docket, May 2012 at 32, describes the Litigation Investment Model of Reckitt Benckiser. Essentially, the model puts law firms at risk for their profit margin when they represent that company. And, those profits are lucrative. For the 200 largest law firms in the United…

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Tension between quarterly or semi-annual budgets and the requirement of Finance for an annual budget

Realistic in-house counsel accept that the accuracy of a law firm’s budget declines precipitously the farther out it goes (See my post of Aug. 4, 2009: use a funnel metaphor for budgets; Oct. 22, 2008: build for flexibility rather than strive for prediction; July 9, 2009: obtain budget scenarios instead…

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Metrics plus further thoughts on the substitution of an in-house lawyer for outside counsel

A column by Richard Stock for the Canadian Corporate Counsel Association’s quarterly, Leading Corporate Counsel, Fall 2010, provides a rule-of-thumb for when to consider in-sourcing legal work. Stock writes that “a minimum of 600 external hours must be in-sourced to cost justify a new position in the legal department.” What…

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Try a de Finetti game on your law firm that estimates odds of success for a lawsuit

When embroiled in a law suit, many times inside lawyers ask their litigation counsel: “What are our chances?” Define successful outcome as you will, they want the partner to give the odds. The experienced and wise litigation partner replies, reluctantly, “Seventy percent.” That estimate is a subjective probability, according to…

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Five methods whereby external counsel deliver their advice, with email surging in popularity during the past five years

Five years ago a large-scale survey of in-house attorneys tracked how those attorneys said they received legal advice from outside lawyers. They had five choices and were asked to select the two most common methods. Recently, Deloitte revisited that question in a similarly large survey and found a marked swing.…

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To clarify two contributions of outside counsel: specialized expertise vs. assistance with complexity

A recent survey of in-house counsel, reported in Deloitte’s Global Corporate Counsel Report 2011 at 17, gave the three most common responses when they were asked to specify why they retained outside counsel: “Need for greater specialist expertise,” “need for additional legal resources,” and “complexity of the legal work.” Far…