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Articles Posted in Outside Counsel

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Whether law department lawyers compete with outside lawyers

A phrase from a treatise furrowed my brow: “Although in-house legal departments are in competition with law firms, legal departments still remain the primary purchasers of outside legal services, and their purchasing options have improved dramatically.”. Abstractly considered, the statement by Janet Langford Kelly, Susan Sneider and Kelly Fox, “The…

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Not what you hear: high satisfaction with their firms’ ability to understand clients’ business needs

Magazines and conferences relish headlines about dissatisfaction by general counsel with their law firms, but a recent survey by Robert Half Legal of 150 attorneys “among the largest corporations in the United States and Canada” undermines those complaints. As reported in The Lawyers Competitive Edge, Vol. 11, March 2009 at…

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“We Can Normally Get an Answer from Other Firms with Just One Phone Call” (Bruce Heintz)

“ … as opposed to [our primary law firm’s] approach of having a meeting with six people just to debate the issue,” contended the General Counsel. While this General Counsel is facetiously overstating the situation (or, maybe not), how can a law department ensure efficient delivery of advice as opposed…

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Most disfavored by law firms, yet most-favored nation agreements are sought by law departments

For once I side with law firms: most-favored-nation agreements (MFNs) are unfair, ineffective, meaningless, and unenforceable. Otherwise, they make sense. My entreaty on most-favored nation agreements seeks multilateral disarmament. Do away with them! General counsel should not ask for and law firms should not agree to fictitious arrangements whereby firms…

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Hopeful, but the ACC Covenant with Counsel is not all that game-changing

Of the 33 covenants, 21 of them are ho-hum, sporadically rolled out, always paid lip service to, and modestly adhered to in most law department-law firm relationships. Guidelines for outside counsel (and perhaps some engagement letters from law firms) state most of the covenantial desiderata. Of the remaining group, none…