Monday, October 4, 2010

Fixed-Fee Asbestos Defense Lawyer

Was the recession/depression (whatever economic term you care to use for such a downturn) enough of a catalyst to make alternative billing arrangements into commonplace?  Well, it depends.  Curiously, it appears to depend in part on geography. 

This fairly recent article examines the use and acceptance of alternative billing arrangements in Northeast Ohio: http://www.cleveland.com/business/index.ssf/2010/03/the_billable_hour_slips_in_use.html

The gist of the article is that the billable hour tends to promote inefficiency and lead to an acrimonious relationship between attorneys and their clients.  A simple proposition.  If this is the case though, then why are lawyers and firms so slow to adapt?  Any lawyer worth his salt will be quick to remind you that this is a service industry.  Client relations are of the utmost importance.  Nevertheless, you don't see a lot of fixed or flat fee agreements here in the New England area.  Are clients not requesting alternative billing arrangements or are firms not offering it?  Was the economy so bad in Ohio that this was the only option?

My inclination is that the firms of Northeast Ohio were ahead of the game.  Fixed and other alternative billing arrangements will gain traction again as companies look for new ways to reduce costs and increase predictability on their books. 

Thursday, September 30, 2010

Fixed-Fee Asbestos Defense Lawyer

On a rainy afternoon about a year ago, a colleague of mine sent over the link below:

http://southernblondelawyer.blogspot.com/2008/02/asbestos-depos-billable-promised-land.html

The comments in the email accompanying the link were something of a wink and a nod, followed by some snickering.  In other words, the post by Southern Blonde Lawyer was dead on. 

The 13 hour billable day in the nationwide asbestos litigation is not an aberration, but commonplace.  It is, as Southern puts it, the "laziest and easiest 13 hours known to man."  Despite this fact, insurance companies and product manufacturers continue to pay hourly rates to firms across the country.  My initial reaction is "What a waste of $$$."  After thinking about it more though, my reaction becomes, "What a waste of $$$$$$$$$$$$$$$$$$$!!!!!!!!!!!!!!!!!!!!!!!."

This blog will look to explore the benefits available to insurance companies and product manufacturers through a fixed-fee agreement.  We will track developments in the fixed-fee model, propose alternative billing arrangements and generally comment on trends in asbestos litigation across the country.