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Articles Posted in Outside Counsel

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Two fixed-fee offerings: due diligence for M&A and insurance administrative hearings

Saul Ewing, a Philadelphia-based firm, launched its “cost certainty commitment” in June 2009. Many law firms have agreed to work on various types of matters for a fixed fee, but I cite this particular one because of the publicity surrounding it and because of its specificity. A partner describes the…

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“When you go to battle, you hire the army not the soldier” – not an apt metaphor for firm vs. partner

This memorable quote struck me, but struck me as misguided. The rhetoric, in the sense of the underlying assumptions and method of persuasion, invokes at least these six points. a) Hire the army connotes big matters. Most legal matters are tactical strikes at the largest, small skirmishes more likely, and…

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Eleven reasons why a law department might transfer a pending matter to a different firm

Few in-house managers blithely transfer matters underway from one law firm to another, but it happens – or it ought to happen (See my post of Sept. 12, 2008: transfer matters to new counsel with 8 references.). Under various circumstances, including these eleven, switching firms midstream makes sense. Poor service…

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Don’t even consider termination premiums with your law firms

“Similarly, the parties can and should consider termination premiums in the event that a client abandons the project midstream or, having learned the lawyer’s strategy, opts to engage less-expensive counsel.” This sentence, from Law Practice, Vol. 35, June 2009 at 53, is riddled with quarrelsome points. No client should owe…

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Should you expect your firms to bring you results from their competitive intelligence (CI) programs?

A recent white paper cites an article that says “in order to correctly anticipate potential risks to clients, firms can implement competitive intelligence (CI) programs.” Later, Future Law Office: Delivering Value-Added Legal Services in Challenging Times (Robert Half Legal 2009) at 8, adds that “A law firm CI program should…

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“Business and communication styles” of firms they like matter for in-side lawyers

“Even if a firm has the expertise, if their business and communication style isn’t compatible with ours, it doesn’t really help.” This quote from a general counsel of a small company in Canada comes from Future Law Office: Delivering Value-Added Legal Services in Challenging Times (Robert Half Legal 2009) at…