Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New Fee Models for the New Economy

BY Anthony L. Lamm
November 30, 2014

To remain competitive in the new economy, both inside and outside leasing counsel are exploring and utilizing various alternative fee arrangements (AFAs). Besides the obvious benefits, however, there are also a number of pitfalls to using AFAs that can potentially defeat their upside and turn what should be an arrangement of mutual benefit into a one-sided disaster. This article explores the use of AFAs by leasing counsel, and offers some insight into how they may be more effectively utilized.

Three Views to Consider

There are usually three views to evaluating legal AFAs: inside counsel, outside counsel and the corporate business unit. For leasing companies, the first two views typically involve the inside and outside counsel's perspective. The in-house perspective involves the art of negotiation and anticipating outside counsel's motivation with respect to the proposed alternative fee and the potential economic gain or loss that may be realized by outside counsel. Inside counsel must evaluate at what point the proposed AFA places all the risk on the outside counsel and the possibility of their economic loss in handling its cases, but also, the outside counsel becoming mired in endless, time-consuming litigation that involves the risk of a judgment against the leasing company. Outside counsel's perspective is generally the reverse of the inside counsel's point of view.

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.