Some general counsel reject the suggestion that they charge back to clients the outside counsel payments made on their behalf. One reason for such reluctance is a fear that clients will then believe they have a right to say which law firm to use and how to manage the firm,…
Articles Posted in Outside Counsel
Keep multiple approvals of law firm invoices to a minimum
Authorization levels when lawyers review outside counsel bills are typically set by the financial department, not by the law department. I suppose a general counsel could lower the level, but that makes little sense. The invoice approval level should mean that only infrequently must a higher ranking in-house lawyer provide…
Three comments on special fee arrangements touted by a law firm’s brochure
Excerpt from Kirkland & Ellis’ brochure, “Partnering with Clients Through Legal Risk Sharing,” appeared on a slide at a recent webinar. “In certain matters, we have taken part of our fee in equity or stock” (See my post of Jan. 18, 2009: share prices, event studies and litigation with 6…
Sixty percent of every HCA lawyer’s bonus is tied to reductions of legal fees
Among the National Law Journal’s “20 most influential general counsel in America” stands Robert Waterman, the general counsel of HCA Inc. (See my post of April 6, 2009: some observations on the list of 20 general counsel.). The short squib about him says that he cut HCA’s outside legal fees…
Assertion that some law departments prepare “strategy documents” regarding outside counsel usage
Jon Bellis of Thomson’s Hildebrandt group, holding forth during a recent webinar, claimed that “A relatively small number of law departments have a written strategy for retaining, using and managing outside counsel (“OC”)(as opposed to an OC policy or billing guidelines …).” Such a strategy document “might include criteria for…
Stability over three years of number of matters involving law firms in the US and number of US firms
Survey data from 2006 through 2008 shows that during those three years the number of matters handled by law firms and the number of firms used in the United States has remained relatively stable, at medians of about 350 matters and 100 law firms, respectively. The survey, from Thomson’s Hildebrandt…
Distribution of spending on outside counsel by 10 areas of law
At the 5th Annual IP Counsel Forum, the COO of LexisNexis Examen presented data from a Martindale-Hubbell study on how corporate counsel distribute legal work to law firms. The pie chart had ten slices, each with a percentage. For example, Litigation at 37 percent presumably means that this research found…
First of all, say economists, let’s outsource all the lawyers!
In February 2004, Prof. Clayton Christenson of the Harvard Business School and Scott Anthony, a partner at Innosight published a white paper entitled “eLawforum: Transforming Legal Services.” On page 4 of a reprint of that article,a sentence casually throws law departments under the bus. “Most economists would argue that legal…
Billing rates understandably increase as lawyer’s specialization increases
In-house attorneys gnash their teeth at partner rates that near the $1,000 mark, but those rates at least partially reflect specialization. As they become more experienced, specialists can more it readily recognize patterns and apply familiar tools so they are more efficient than generalists. Pattern recognition dramatically increases efficiency (See…
A fixed-fee arrangement, for environmental litigation, and some of advantages and worries
In 2004, after eight rounds of a competitive bid run by eLawForum, Unocal chose Howrey to handle its entire environmental caseload through 2009 on a fixed fee. Litigation 2005 spells out the details of this arrangement. At the time, the average case took three year to resolve, cost $500,000 in…