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Imagine you want to build a new house and have interviewed three contractors to obtain bids for the job. One bid $100,000, another bid $200,000, and the third bid $500,000. How would you decide between them? The answer is you couldn't make an apples-to-apples comparison unless the contractors were basing their bids on a single set of architectural plans specifying size, materials and other construction details.
Yet, when many law firms decide to build a new Web site, they solicit bids from vendors without first developing specifications detailing the desired features and functionality for the site. As a result, such firms receive disparate bids without an adequate basis for comparison. And in many such cases, a firm ends up selecting one of the lower bidders only to experience frustration when disputes arise with the selected vendor over increased costs and delays as the scope of work changes over the course of the project.
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Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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