The Inherent Client Conflict of Interest Caused by Hours-Based Billing

For some time I have been troubled by the potential conflict of interest that hours-based billing causes between the lawyer and the client. The more I focus on it, the more profound the problem appears.

Let me start by saying that I have deep confidence in the dedication to ethical conduct of the members of our profession. My concern here is not with their fundamental professionalism. Instead, it is a concern that,

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Ralph Baxter
Looking at the Law Firm Partnership Model & How to Fix It

Georgetown Law Professor Jonathan T. Molot has written a thought-provoking article in the latest edition of the Southern California Law Review: “What’s Wrong with Law Firms? A Corporate Finance Solution to Law Firm Short-Termism.”

Molot blames the woes of the American law firm on “its outdated partnership model.” While recognizing that there are other issues at work, he calls the business model a “root cause” for the current state of affairs:

The law firm partnership is a poor institutional choice for the delivery of legal services in today’s legal market. Its structure fails to serve virtually all of its stakeholders.

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Ralph Baxter
Law Firm Leaders Will Face Challenge of Moving Firms into Shifting Future

This week, I want to share some suggestions on law firm leadership. I do so because I believe leadership, or the absence of it, will make a big difference in how law firms fare during these turbulent times.

Effective leadership is not easy, nor is it for everyone. It requires leadership skills and hard work. No two leaders lead in the same manner, but all successful leaders have a special “something” that their colleagues recognize, and all of them take their leadership responsibilities seriously.

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Ralph Baxter
Law Firm Report Holds Several Urgent Wake-Up Calls for Industry

Another important early report on law firm financial performance is out: The 2015 Report on the State of the Legal Market, produced by Georgetown Law and Peer Monitor. I encourage anyone who manages or depends on the delivery of legal service to read it.

David Curle made some excellent comments on the Report in his blog post last week. Today, I want to add a few more thoughts, focusing on three observations the Report makes, which I think identify powerful systemic factors affecting the evolution of the legal service marketplace.

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Ralph Baxter
A New Year and a Fresh Perspective

A new year always provides a fresh perspective—a context for measuring progress or other movement. We are entering a new period that we all recognize has a beginning and an end, in which we can evaluate how competing and collaborating parties fare compared to each other and compared to our expectations.

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Ralph Baxter
Beyond People, Value & Clients: Elements for a Successful Law Firm

All who knew him were saddened when Don Robinson, a legendary New York lawyer and law firm leader, passed away last June at the age of 79. I was blessed to be Don’s partner during the last 15 years of his career. During those years he provided me some of the most sage and valuable mentoring I ever received. From time to time I think of Don and how he would have dealt with the ground-shaking challenges law firms face today. 

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Law FirmsCamilla Papale
The Imperative for Change

The imperative starts with corporate clients. The pressure they are under to reduce spending will be focused as intensely on legal spend as any other. Procurement departments are commonly involved in decisions concerning legal expenses. Market data shows that clients are paying less per unit of value delivered. The pressure to deliver quality legal service for lower fees is part of a new reality.

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BigLaw Needs to Pick Up the Pace

As I wrote three weeks ago, new tools and new methods make possible a bright new world in law. Achieving that world will require change in the way legal service is delivered. We know the market wants the benefit of that change. We know that new entrants are entering the market intent on making it happen.

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Ralph Baxter
The Best of Times… The Worst of Times

The current legal landscape presents stark contrasts—it is at once the best of times and the worst of times, as Dickens would have put it. It is the best of times in at least two respects. First, many participants are doing very well financially, especially the largest law firms and the most successful specialty firms. Second, as I wrote last week, technology and other developments present unprecedented opportunities to improve the quality and lower the cost of legal service, while simultaneously improving the financial and personal rewards for those who deliver it.

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‘A bright new world lies ahead’ for law and its practitioners

I spent the last 40 years in the delivery of legal service. First as a lawyer, then as a practice group leader, then as chairman of a large law firm. During that time I did my share of changing how the law works and how that service is delivered. In the next chapter of my professional life, I intend to continue to be a catalyst for change. A catalyst for improving the way legal service is delivered and for making careers in legal service more rewarding. My blogs on LEI are intended to generate thought and debate which will further these overarching objectives.

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The Path to Adoption of New Tools and Methods

The progress of one of the great hopes for advancing legal service has been slower than I expected.

I’m referring to the “new entrants” to the legal ecosystem, businesses which offer new tools and methods to lawyers and clients that enable legal service to be delivered better, faster, and cheaper.

The market appetite for what they offer should be ravenous. Everyone knows the clients are demanding more for less. There is obviously great market opportunity for those who seize it and peril for those who don’t.

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Ralph Baxter
Law 2030: Penn Law Launches a New Initiative Dedicated to Improving Legal Service

Modernization of legal service got an influential new ally last week with the launch of the Future of the Profession Initiative at the University of Pennsylvania Law School. To mark its launch the Initiative hosted Law 2030: A Global Conversation About the Future of the Profession, welcoming approximately 250 leaders from across the legal service community, last Thursday and Friday in Philadelphia. More than 600 others joined online.

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Ralph Baxter
Don’t Miss the Business Strategy Program at Legal Week 2020

I am delighted to be co-chairing the Legal Business Strategy Program at Legal Week this year, with Gina Passarella, Editor-in-Chief of the American Lawyer Magazine.

I have long been a believer in the value of convening people in the legal service ecosystem for informed discussion of the cutting edge issues they confront. That is why I created theLaw Firm Leaders Forum in 1995 and have produced it ever since.

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Ralph Baxter