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Articles Posted in Outside Counsel

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Something is seriously wrong if a main reason to settle a lawsuit is to lessen your attorneys fees

Lee Cheng, the general counsel of Newegg, spoke at the most recent Consero Corporate Counsel Forum. His portion of a panel covered relations with external counsel, including cost management. One bullet on his slides advised that “an excellent reason to terminate a relationship [is] when cost of outside counsel is…

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A second collar for fixed-fee proposals that encompass very significant and hard-to-know cost swings

An article in New England In-House, Nov. 2011 at 11, discusses how to prevent runaway legal fees. Most of the article contains plain-vanilla ideas, but the author does mention a confection new to me. He first trundles out the well-accepted technique of a collar on a fixed fee such that…

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Modest satisfaction (or dissatisfaction) by U.S. companies with law firms on four areas of litigation representation

The most recent Annual Litigation Trends Survey Report of Fulbright & Jaworski presents data on levels of satisfaction the responding companies feel about how well outside counsel meet their litigation needs. Displayed at page 16, the two points that struck me were the critical overall views and the gulf between…

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A massive request for information (RFI) by Marsh & McLennan’s legal department regarding cost control measures

Michael Caplan, the financial coordinator for Marsh & McLennan’s law department, commented recently in a column about his department’s efforts at outside counsel cost control. “Back in June [2011], we ran a request-for-information on what were the best-in-class outside counsel billing guidelines and how to utilize technology to align to…

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Significant decline over the past decade plus in the number of trials may have offset e-discovery spending increases

A meaty footnote in Michelle Beardsley’s article in the Fordham Law Review, Vol. 79 (2011) at 1924 (fn 314), cites several studies that have highlighted a dramatic drop in the number of trials in the United States. For example, there were roughly 45 percent fewer tort, contract, and real property…

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Seyfarth Shaw, a law firm, consults to legal departments on Lean Six Sigma methodologies

Last year there was news about law department consulting offered by Eversheds and several law firms tout their consulting skills regarding e-discovery. Recently I saw another instance of a law firm that wants to consult to law departments. An ad in the ACC Docket by Seyfarth Shaw promotes how its…