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What? You Settled the Case!

01/30/2012

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We believe that most small to mid-sized businesses should work with a part-time general counsel, and should use their part-time general counsel to help manage outside litigation counsel.  Here is a story that may make your blood boil.

It's a fairly common practice amongst bill by the hour litigators to jokingly express outrage within the firm for settling cases short of trial.  After all, early resolution results in a lost hourly billing opportunity for the law firm.   I've heard this from senior attorneys in firms where I worked, and I've heard this from other attorneys I know.

Pretty offensive, but it illustrates a point about reactive legal services.   Richard Susskind, in his book, The End of Lawyers?   Rethinking the Nature of Legal Services, notes that there is a fundamental tension between law firms and clients.  "The client will generally hope their legal requirements are routine and can be disposed of quickly and painlessly, while the law firm will generally hanker after more challenging instructions that will occupy them for more time."   (pg. 149).

Most reactive legal problems lead to longer and more costly legal assignments.   This is usually hard to avoid.  However, proactive legal work and training can help  avoid costly legal problems and businesses and executives are wise to embark on a proactive legal strategy with attorneys such as our program.

As part-time general counsel to our clients, we share their legitimate interest in minimizing our involvement and the cost of legal services.  We also understand that sharing this goal may lead our clients to seek our assistance on more complex and high value legal work.   Through proactive training and legal coaching, we align our interests with our clients' interests, we deliver a high ROI,  and everyone wins.


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