Legal Commentary

Do you collab-o-storm?

Posted on March 17, 2011
Do you brainstorm?  Do you invite everyone to participate?  Do you welcome all ideas before you start analyzing them? At Valorem, we have regular collab-o-storms™.   The brainchild of Nicole Auerbach, these are the meetings where we gather as much of the team as is available and brainstorm about a particular problem, try to figure out a better strategy or whatever...

The BS of the "Howrey Story"

Posted on March 16, 2011
I've heard more about Howrey in the last few days that ever before.  And much of what I'm hearing is the utter BS being offered to explain their demise.  The Managing Partner blames the firm's demise on alternative fees.  The sad thing is that the reporter didn't call him on it...

Computers replacing lawyers? It's already happening.

Posted on March 08, 2011
The New York Times reported over the weekend on Armies of Expensive Lawyers, Replaced by Cheaper Software.  Terrific article.  It focuses on the use of software for e-discovery rather than manpower.  It is only a matter of time until this is the norm...

Do lawyers need to earn a profit on every matter?

Posted on March 07, 2011
One of the things I learned as a college debater at Northwestern was that if you searched hard enough, you could always find somebody who had said or written something to support your argument, no matter how lame or stupid it really was.  You learn that anecdotes do not necessarily make for the truth...

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Say hello to Valorem's New App

Posted on March 07, 2011
The iPad may be a game changer.  Every where you look, people are using iPads, and  huge numbers of executives now travel with just their iPad and iPhone.  Other companies are getting into the market, but for now, the Apple products dominate...

Pop Quiz on Profitability

Posted on February 22, 2011
Pop Quiz. You have completed an engagement and been paid. How do measure if the engagement was profitable and, if so, how profitable? Discuss. You cannot refer to hours worked in any part of your answer. Good Luck. If this exam determined your final grade, would you pass the course?

Does Data Sharing Between Firms and Clients Provide Clients All the Information They Need? Not Quite.

Posted on February 21, 2011
I just finished an arbitration (on the heels of a trial), so I've been catching up on some reading. So with apologies for being some 'out of date' in getting these thoughts on paper…. In the January issue of American Lawyer, there is a terrific article by Mark Roellig, General Counsel at Massachusetts Life Insurance Company, addressing the issue of firms failing to mine their data on cost of handling certain kinds of legal work...

Does Efficiency Kill Innovation?

Posted on February 12, 2011
I recently attended a Legal Lean Sigma training course, and I tweeted that I had gotten a great deal out of the course.  Someone whom I respect a great deal tweeted back: "Pat, for real?  Yikes.  Efficiency kills innovation.  Effectiveness always trumps efficiency...

Why Must "More Work" Always Mean Higher Price?

Posted on January 28, 2011
Like other parts of business, law departments have budgets to cover their internal costs. The budget typically does not expand even if more work comes over the transom, at least until a case for growing the department is made during the next budget cycle...

New Series on Client-Law Firm Value Collaboration

Posted on January 27, 2011
My partner Nicole Auerbach and Karen Klein, the General Counsel of our client, Kayak.com, began blogging today as part of the Association of Corporate Counsel  Client-Firm Value Series.  You can find the first post here.   Aside from my obvious delight in having Valorem and Kayak featured in the ACC offering, I think one of the most interesting parts of the series will be Karen's evaluation of the return on her time investment in establishing the alternative fee at the outset of a case...

And Lawyers Wonder Why The World Hates Us

Posted on January 21, 2011
    Yes, this is the story of "the Fountain Lady."  A woman walking in a mall, texting away while oblivious to her surroundings, tumbles into a fountain.  The episode is captured on video by mall security, the video is released to YouTube and goes viral...

Law Firms Continue to Face Daunting Challenges

Posted on January 20, 2011
Let's piece together some insights from the Hildebrant Baker Robins/Citi Private Bank 2011 Client Advisory: ...         'The growth in demand ('total billable hours recorded by firms included in a particular database...

Strategy and Tactics

Posted on December 17, 2010
I was at an event recently where the participants were asked to develop strategies for handling a large problem.  When the various groups reported on their efforts, there was not a strategy provided.  All tactics.  What's the difference? Strategy, a word of military origin, refers to a plan of action designed to achieve a particular goal...

Seasons Greetings--A Must See

Posted on December 14, 2010
I just loved this, and in the spirit of the season, wanted to share it.

At some point, the statistics don't lie: women are not at home in BigLaw

Posted on November 09, 2010
Here's the 2010 report from the National Association of Women Lawyers.  Law firms will come up with great excuses and explanations, but at some point, the numbers are what they are.  And what they are suggests a problem that isn't changing and isn't being fixed...

Another Firm Scraps Merit-Based Advancement

Posted on November 08, 2010
Does anyone else get a feeling of deja vu all over again?  Law.com is reporting (sub. req.) that Morgan Lewis is scrapping the idea of merit based advancement for associates, and will return to paying "market" levels of compensation to associates...

Latest Issue of Edge International Review Now Availble--A Must Read

Posted on November 05, 2010
My friends at Edge International, in my view the leading international legal consultancy have released the latest Edge International Review.  The entire issue qualifies as a "must read", at least in my view.  The issue contains an article by Pam Woldow on project management and a related article by Doug Richardson on how to get lawyers to work together more effectively, an article by Gerry Riskin on fast tracking toward your preferred future and some advice for law firms from Ed Wesemann on regaining control of pricing...

The Value of After Action Assessments

Posted on November 04, 2010
The value is not just at the end of the matter, but at the end of every meeting.  

From the desk of GCs . . . .

Posted on November 03, 2010
The 2010 ACC/Serengeti Managing Outside Counsel Survey Report is out.  Westlaw Insider does a nice job of summarizing the critical findings of this survey of General Counsel: Some of the key trends of the past 10 years: * More work retained in house...

Adjectives.

Posted on November 02, 2010
It seems like every day that I am forced to listen to a radio spot in which Otis Wilson, "linebacker for your Super Bowl champs," tells me that he hired attorney Jeffrey Leving because he is a "credible attorney." Every time I am forced to listen to this ad, I wonder what idiot created the copy for Otis to read...

Simon Tupman's New Book is released

Posted on November 01, 2010
Noted author Simon Tupman, whose previous works include Why Lawyers Should Eat Bananas, has just released his latest book, Legal Eagles.  The book is described this way: Simon Tupman's latest book Legal Eagles profiles sixteen visionary lawyers from around the globe who are changing people's lives and making a difference in the world...

BigLaw back to paying big bucks? Can we say tone deaf?

Posted on November 01, 2010
Above the Law is reporting that Foley & Lardner is raising the starting salaries of first year associates in all of their offices to $160,0000.  The firm will address the lagging salaries of older associates at year end.  What conclusions can be drawn from Foley's action, which is identical to many other large firms?  Here are a couple of possibilities: 1...

Honored to be member of the lastest inductees as Fellows in College Of Law Practice Management

Posted on November 01, 2010
What is the College of Law Practice Management? Here is its mission: The College of Law Practice Management was formed in 1994 to honor and recognize distinguished law practice management professionals, to set standards of achievement for others in the profession, and to fund and assist projects that enhance the highest quality of law practice management...

Honors Flow to FMC Technologies' Jeff Carr

Posted on October 29, 2010
The last several weeks have been big ones for my friend and client, Jeff Carr.  Jeff is the General Counsel of FMC Technologies.  First, Jeff and his fantastic team were named a Top 10 Most Innovative Law Department by Inside Counsel.  Last week, Jeff was named one of the 2010 winners of the Corporate Leadership Award presented by the International Institute for Conflict Prevention and Resolution...

Early Case Assessment Form Available

Posted on October 29, 2010
The International Institute for Conflict Prevention and Resolution has just released the 2010 version of its Early Case Assessment Toolkit.  I am pleased to have been involved in the development of this tool and the ECA form.  Even if you choose not to take advantage of this product, you certainly should be using some form of ECA tool.

Insights into the future from General Counsel of Google and Microsoft

Posted on October 28, 2010
If you care about the future, you need to watch the presentation at the Association of Corporate Counsel annual meeting by Brad Smith, GC of Microsoft, and Kent Walker, GC of Google.  Fascinating.  I can't possibly summarize what was being discussed, but let me relay one factoid Kent Walker shared with the audience...

Diversity is client service

Posted on October 18, 2010
Yesterday, my Mother called to say that she had seen Ron Safer interviewed on a Sunday morning program about a local legal matter.  Ron Safer has been my dearest friend for more than 35 years (we were best man in each others weddings, to give you a flavor), so this morning I did a YouTube search to see if I could find the clip...

Paul Lippe's view of the future.

Posted on October 17, 2010
 

AT&T Joins Customer Service Hall of Shame

Posted on October 15, 2010
I have been an AT&T wireless phone forever.  Remember when cell phones were the size of Rhode Island?  I was a wireless customer then.  And since.  But change is a good thing, especially when a customer's loyalty doesn't count for anything...

Discounted Hourly Rates: Definitely Not An Alternative Fee

Posted on October 13, 2010
"Words are like weapons, they wound sometimes." Cher I get this pain in my gut when lawyers suggest that discounted hourly rates are alternative fees.  Not so, grasshopper.  Watch.  

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