The
use of alternative fee arrangements by lawyers and the demand for those arrangements by clients is increasing.
One type
of alternative fee structure that many lawyers are familiar with is the contingency fee arrangement, in which a lawyer's payment is tied to success of the case.
Meanwhile, we'll be glad if you share what do you think about the current and future
state of alternative fees in the comments below!
On the high end of adoption, 10 % are using some
form of alternative fee arrangement in over a quarter of their matters.
The Firm offers a wide
range of alternative fee arrangements that work best for the unique situations in which clients find themselves.
Their lawyers won't accept alternative fees without greater knowledge and experience in their successful use, and the firm can't gain that experience without some acceptance
of alternative fees by its lawyers.
We'd like to invite corporate counsel and their law firm counterparts to share their views on the
subject of alternative fee arrangements and answer these questions.
Pricing decisions (e.g., rate setting,
creation of alternative fee arrangements) and other basic economic decisions (both revenue and cost related) benefit from intentional management.
[/ strong] We have a mixed
bag of alternative fee arrangements, from caps to volume discounts, and a combination of arrangements like that.
But
outside of alternative fee and business agreements (and the imminent death of the billable hour), what sorts of businesses have been responsible for these dire warnings?
I sat in a law firm executive committee meeting recently where the partners struggled to understand the nuances of corporate finance so they could better manage the inherent
risk of alternative fees.
Just performing a couple of matters on a fixed fee basis or accepting a handful of contingent fee cases won't provide a good
measure of alternative fees.
He is a member of the ABA House of Delegates, co-author and editor of ABA publications Winning Alternatives to the Billable Hour, 2nd and 3rd editions and is the author
of Alternative Fees for Business Lawyers and Their Clients.
Unlike most law firms that bill clients based on the total billable hours each lawyer works on a particular matter, M&A Law Firm, P.C. employs a
variety of alternative fee structures.
Crane discussed a
number of alternative fee arrangements including discounted and volume discounts (e.g. 15 per cent on the standard hourly rate, for example, when fees billed exceed $ 100,000 a year), and blended hourly rates (such as $ 400 / hr blended rate for all lawyers on a file or $ 300 / hr for associates and $ 500 / hr for partners), as well as fixed and capped fees.
While the death of the billable hour continues to remain greatly exaggerated, the use
of alternative fee agreements (AFAs), such as flat fees, success - based fees, auction - based fees, etc., continues to increase and has led to a more business - like analysis by law firms as to how their services should be priced.
''... The real
value of alternative fees [paying a lawyer on any basis alternative to hours - billed] is to incentivize a re-design of workflow that (i) increases quality, (ii) speeds up delivery, and (iii) decreases cost.»
Rather than basing fees on the number of hours worked,
examples of alternative fee arrangements include fixed fees, negotiated fees for a group of assignments, or success - based fees.
Latitude Senior Vice President Candice Reed discusses the
benefits of alternative fee arrangements in the Law 360 article The Dangerous Secrets Your Client Is Keeping From You.
But on its own terms, The LegalBizDev
Survey of Alternative Fees is a significant and very useful guide to understanding not just what AFAs are and how they work, but also the ongoing challenges and roadblocks to their implementation.
Jonathan discusses key developments shaping the market, the increasing
prevalence of alternative fee arrangements, regulatory developments, and the growing understanding of litigation funding as an important access to justice tool.
The answer — already being deployed in different corners of the industry — is a
combination of alternative fee structures, virtual firms, women - owned firms, and the outsourcing of discrete legal jobs to other jurisdictions.
The use
of alternative fees such as non-hourly based billing is also up, but still only represents 10 per cent of fees collected, according to the Law Firms in Transition Survey, which received responses from law firm leaders at 238 U.S. law firms with 50 or more lawyers.
«98 % of law firms reported hiring a pricing professional
because of alternative fee arrangements (AFAs), followed by cost pressure from clients (77 %),» according to Mr. Johansen.
Chris Ende of Goodwin Proctor presented the evening's Darwin Talk on the
implementation of alternative fee arrangements in conjunction with the implementation of legal tech.
Despite ostensible agreement on the
desirability of alternative fee arrangements, the study found 70 per cent of private practitioners continue to rely on hourly billing.
I attended the «Embracing Alternative Fee Arrangements: Applying Data Analytics to Move Beyond the Billable Hour» panel at LegalWeek in New York, and the panelists weighed in on the pros and
cons of alternative fee arrangements («AFAs») and why and how «lawyers should embrace AFAs» and stop «running away from them.»
Invited to speak to Ontario lawyers on the
topic of alternative fee structures at the Law Society of Upper Canada annual Small and Solo Law Firm conference.
Hourly billing is gradually going away, in
favor of alternative fee structures which provide greater transparency and value for clients.
The need for these CPOs stems from the recognition by firms of the need for a more business - like analysis in the pricing of their services, especially following the
introduction of alternative fee agreements (AFAs) such as flat fees, success - based fees and auction - based fees during the early 2000s.
What is new is that with ever - increasing competition for legal work and the
growth of alternative fee structures, GCs will require greater than ever flexibility from law firms to move out of their comfort zones in providing support which is responsive and good, but may not be the absolute best work that could be performed absent time and budget constraints.