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Articles Posted in Outside Counsel

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Too high a percentage of fees estimated to be paid based on “value-based billing”

An article quotes Susan Hackett, ACC’s general counsel, on “value-based” billing. Hackett says that “surveys show the average client laying out between 15% and 30% of their legal spending this way.” The Economist, July 24, 2010, at 72, does not elaborate, but I doubt very much that the figure is…

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Rotating law firms off your account based on the passage of time? No!

One suggested role for an internal auditor of a legal department involves reviewing and monitoring legal invoices. A recent article from Compliance Week (July 7, 2010) by José Tabuena, senior vice president of governance and compliance with PhyServe Physician Services, recommends that the auditor consider “basic controls,” such as billing…

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Unquestioned use of research and misquotes to boot now mis-portray dramatic legal cost increases

The source of the quote came from the Jan. 2009 issue of the California Lawyer. “A survey by the Corporate Executive Board found that large-company spending on law firms grew by 49 percent between 2002 and 2005.” OK, ten percent a year during the boom years following a recession. It’s…

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You can’t value what you do not know – Nobelist on fees based on advance valuation of a law firm’s knowledge

Nobel laureate Kenneth Arrow said something about doctors that applies equally to lawyers: “[T]the value of information is frequently not known in any meaningful sense to the buyer; if, indeed, he knew enough to measure the value of information, he would know the information itself.” That trenchant shot by Arrow…

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Disturbing findings for legal departments regarding time tracking by law firms

Am. Legal Tech. Insider (#24) July 2010 summarizes findings from a survey by Smart WebParts of lawyers’ time recording practices. Four findings should perturb in-house lawyers who care about external costs. It should disturb in-house lawyers who struggle to keep external costs from running away that “the average leakage (lawyers…

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“Signaling” functions of a law department: posh firms, pricey partners, progressive practices

Law firms can proclaim to the world their quality, experience and prestige by their lush offices, their massive size, and their stratospheric billing rates. Each of these attributes economists would characterize as a “signal.” A signal is easy to observe but costly to imitate and it conveys quality. So far…

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Analysis of the 120 best posts on this blog from May 2009 through May 2010 – outside counsel management predominates

What patterns do I see in the first year’s worth of monthly compilations of most interesting posts? (Email me rees@reesmorrison.com if you would like the entire 28-page collection.) It turns out that 39 of them have to do with relations with outside counsel. Because I did not consciously favor or…