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Profiting from the Learning Curve

BY Timothy B. Corcoran
February 25, 2013

A recent study published by Altman Weil listed the ways in which chief legal officers would like to see their outside counsel embrace service improvements and innovation. The top four responses were greater cost reduction, non-hourly pricing, more efficient project management and improved budget forecasting. To anyone paying even cursory attention to the legal marketplace in the last half decade, these should not come as a surprise. In fact, as the study goes on to report, a significantly higher number of law department budgets experienced reductions in 2012 than in the three years prior, so the pressure on outside counsel is likely to increase rather than abate. But are law firms listening? Several managing partners speaking on a panel at the recent College of Law Practice Management Futures conference reported that their greatest leadership concern is increasing revenue, and the leading tactic to accomplish this is attracting lateral partners with portable, healthy and profitable books of business. Of lesser importance, though certainly on the radar, is the desire to institutionalize clients so they are less likely to depart when partners go. It's unclear whether these leaders see the irony. What is clear is that many law firm leaders struggle with the apparently opposing goals of improving client service and improving law firm financial performance.

Nostalgia Isn't What It Used to Be

Many lawyers lament the bygone era when they performed interesting and quality legal work, clients were satisfied and hired them again and again, invoices were paid promptly and the billable hour was a perfectly satisfactory method for capturing the value of legal work product. Trouble is, as with most nostalgia, this was more fantasy than reality. In 2002, when the ABA issued its report encouraging the demise of the billable hour, it relied on research conducted in the 90s, which was based on decades of complaints and general unrest from both corporate counsel and private practice lawyers alike. In fact, the Association of Corporate Counsel (n'e American Corporate Counsel Association in 1982) was formed in part to give a stronger voice to client concerns, one of which was, and remains, the billable hour.

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