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Articles Posted in Outside Counsel

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A law firm that takes on a major block of work might set up an office near the client’s executives

A chapter in Robert L. Haig, Ed., Successful Partnering Between Inside and Outside Counsel (Thomson Reuters/West 2009 Supplement), Sec. 78:21.20, describes a long-term relationship between ServiceMaster and Hinshaw & Culbertson. In 2002, the company and the firm agreed that Hinshaw & Culbertson would handle work for a subsidiary based in…

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A fixture of fixed prices, inflated cost estimates to cover a risk premium and contingencies?

“Fixed fee arrangements are fundamentally flawed. As soon as you discuss them with the firm, the numbers increase to include the premium and contingency, and hey presto, you’re paying more than you should have in the first place.” This cynical generalization glowers out of Legal Strat. Rev., Summer 2009 at…

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Budgets by firms, being forecasts, degrade quickly as you extend their timeframe

“The accuracy of economic forecasts diminishes in months into the future.” William A. Sherden, The Fortune Sellers: The Big Business of Buying and Selling Predictions (John Wiley 1998) at 63, goes further: “The average forecast errors percentages for real GNP growth were 45 percent at the beginning of the year…

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A questionable claim that more lawyers cuts outside spend in half, or that they are one-third the cost

“Corporate Executive Board research reveals that reducing legal staff can actually lead to considerable increased legal costs. Companies with fewer in-house lawyers tend to spend twice as much as their peers with more lawyers.” I suppose if a department is denuded, its client enterprise will pay more to outside counsel.…

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A questionable rule of thumb on make-buy: the inside cost should be one-third of the outside cost

A citation in Robert Haig, Ed., Successful Partnering Between Inside and Outside Counsel(Thomson Reuters/West 2009 Supp.), Vol. 1, Chapter 4 at §4:3, left me perplexed. The article mentioned in that chapter, presumably approvingly, discusses bringing more legal work in-house. The author of that article, a former general counsel, wrote in…

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No tiers on my pillow: flaws of tiered discounts from hourly rates based on volume

Pfizer, wielding its mighty P3 program, likes to squeeze from its preferred law firms higher discounts the more it uses them. “To effectively share in the benefits of economies of scale, we [Pfizer] implemented a tiered-volume discount structure, with the level of discounts increasing as firms receive higher volumes of…

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A book of myths that endanger external counsel, and three that in-house counsel would endorse

A slim book sent me for review from Abacus Law humorously describes 35 dangerous myths lawyers in private practice might succumb to. Three of them, at least, pertain to services provide to legal departments. I have refashioned summaries of them below to clarify their importance to in-house attorneys, but essentially…