WHO'S IN CHARGE?
The answer to this question of course is you are, the client. You have to wonder though when you
see real life in action, at least to the extent that it reaches the media.
The Wall Street Journal recently asked, Is it all billable time?
Bates Stamping numerical document stamping done by billing lawyers.
Research of Basic Principles senior lawyers and partners doing extensive research in matters
for which they claim expertise and a high billing rate.
Opening Mail paralegals and attorneys charging for opening and circulating mail.
Temp Markup charging a 4-500% markup for temporary clerks hired to help manage paper for
a matter.
Conferences innumerable inside conferences that don't appear to add to the work product.
Deposition Summaries that sometimes exceed the length of the deposition and appear to have
little value to the progress of the case.
It was recently reported that the chemical giant, Dupont has entered into an interesting
relationship with some of its outside litigation firms that has helped cut its legal bill by almost
20%. Some of the innovations? flat rates, sophisticated work-product retrieval systems to avoid
redundant work, guaranteed volume all this has led to a drop of their outside firms from 350 to
34. Innovative strategies that have taken the company out of cases early on have also helped
bring their fees down.
One very hyperactive lawyer in San Francisco billed his clients 100 hrs. in one day. One has to
wonder what profession he will enter following his disbarrment.
The California State Auditor issued a report recently criticizing several state agencies in their use
of outside counsel because they failed to use litigation plans as are suggested by statute for state
agencies and because they failed to monitor case budgets, when they had them. Millions of
taxpayer dollars were involved.
Even the Rose Law Firm of Little Rock made the news. Mr. Hubbell has been highlighted by the
Seth Ward family for his involvement in litigation a few years ago where Ward's son retained
Hubbell to litigate a matter for them. The initial "estimate" was between $100,000 and $200,000.
Ward stopped paying the firm at the $325,000 mark. Hubbell's bill went well over $900,000
before it was over. Some attribute this personally to Hubbell and his billing practices. In any
event where was the planning and budgeting?
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