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Let's start with two propositions. Proposition One has to do with law firms. Proposition Two concerns in-house counsel.
Proposition One begins with the fairly evident reality that many law firms still haven't figured out how to compensate their lawyers. Some rely on overly formulaic approaches that often reward less productive partners; for example, when the formulas include business development/marketing credits heavily weighted toward “origination.” Somebody's brother-in-law hires the firm, so Mr. Somebody gets a fatter payback than justified by his realization rate and the overall quality of his work.
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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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