Monday, August 27, 2007

What about those grand legal fees?

Is it time for the "billable hour" legal fee to actually disappear?
Scott Turrow says yes.

In his article, "The Billable Hour Must Die," in the August 2007 edition of the ABA Journal, Turow postulates that the billable hour "[r]ewards inefficiency. It makes clients suspicious. And it may be unethical."

The billable hour certainly does not apply in solo practice. At least it does not apply to solo practitioners as much as the billable hour applies in BigLaw. (My opinion, here.)

On the other hand, this author prefers the recent article by Nathanial Koppel that appeared on the front page of the Marketplace section of the Wall Street Journal :
"Lawyers Gear Up Grand New Fees: Hourly Rates Increasingly Hit $1,000, Breaching a Level Once Seen as Taboo."

Interesting psychology, as claimed, in keeping the fee under four digits. An anonymous partner in a New York firm tells why: "We have viewed $1,000 an hour as a possible vomit point for clients."

Pretty graphic reasoning, wouldn't you agree?
How does that stack up with the pro-bono hours that we report each year?
Pity the client who sees that billing statement.
And pity the poor fool who has to collect! Ha, ha, ha.

Saturday, August 18, 2007

Bring your pen to the bar exam -- leave the laptop at home

Don't argue with your Advanced Writing Professor when she INSISTS that her students write the final exam using a blue ink pen and INSISTS that the students write neatly on every other line in the blue book.

And don't argue to her that technology has changed, so we should take our bar exam on a laptop. Your arguments will fall on deaf ears.

When your Professor stomps her foot down, remember she has your best interest at heart. At least this AW Professor has her students' best interests at heart.

Some students balked at taking her final by writing -- legibly, please -- in the old-fashioned bluebook.

"That's so nineties," she heard you argue. But she kept that foot planted firmly on the floor.

And now we read that some laptop New York exams were "lost" when the laptop software malfunctioned. What a scare. The story sent chills down my spine, while creating a smug smile across my face.

No one wants to face the prospect of sitting for that exam TWICE, not knowing if the FIRST score was a passing or failing grade.

The good news: not everything was lost.

Wednesday, August 01, 2007

Is part-time, in-house, legal-counsel right for you?

If you think you are paying too much for legal services – or your counsel is not close enough to the operations of your business to give you proactive and timely service – a part-time in-house counsel solution may be appropriate for you.

By avoiding risk and providing stability and experienced, professional guidance, an on-site general counsel might profoundly enhance your business.

So writes Attorney Gerald D. Bloch, in his LawCrossing feature article.

Legal Outsourcing:
A Nontraditional Approach for Fast-Growing and Midsized Companies

By Gerald D. Bloch, Esq.

Click here to read the entire article.

This might be some good advice for my students who are contemplating flying "solo" right out of law school. Hmmmmm.