Legal Rebels

How would you shape the law school experience for the next generation?

Thanks to reader support of this discussion at the New Normal, I was asked to speak to the “Deans Workshop for ABA Approved Law Schools” on Feb. 15 in Arizona. I’ve been asked specifically to discuss how changes in the clients’ world are creating challenges and opportunities for law schools,…

Jan 31, 2013 3:42 PM CST

Why not improve value instead of doubling down on bad practices?

As we move into 2013, firms face a basic choice between doubling down on Dewey or pumping up the value. Reading the various things written of late (PDF) , it would seem that many firms are “doubling down” by: • Aggressively seeking laterals and in some cases, merger partners. •…

Jan 22, 2013 10:30 PM CST

Do you deduct time from your billing sheet for bathroom breaks? And other billable-hour mysteries

Some random questions about the billable hour: 1) When people record their time days or weeks after the work was done, do you ever wonder about the accuracy of the entries? They should be accurate. They are made to appear accurate—measured in tenths of an hour. But do people remember…

Jan 17, 2013 2:30 PM CST

13 New Year’s Resolutions for Improving Client Service

It’s that time of the year. So here is a list of 13 resolutions for ‘13. Feel free to adopt any of these you want. 1) I will spend more time in 2013 looking at the relationships I have with my clients from their perspective. 2) I will make a…

Jan 9, 2013 2:45 PM CST

Reshaping Legal Education to Match the New Normal

In 1938, Karl Llewellyn lamented (PDF) the age of industrialization. “Specialized work, mass-production, cheapened production, advertising and selling—finding the customer who does not know he wants it, and making him want it: these are the characteristics of the age. Not, yet, of the Bar.” Despite Llewellyn’s grave misgivings, today, all…

Jan 2, 2013 3:59 PM CST

‘09 Legal Rebel James Holderman Finds Ways to Engage Jurors, Increase Efficiency & Lower Costs

Judge James F. Holderman Photo by Wayne Slezak James F. Holderman Rebel Year: 2009 Home: Chicago What he’s been up to: While courts across the country struggle to reign in social media-enthused jurors, Chief Judge James F. Holderman has found success curbing disallowed Internet use in the U.S. District Court…

Dec 21, 2012 5:32 PM CST

The Aftermath of Urging Law Firms Not to Send Out Price-Increase Letters

I recently wrote a piece for Corporate Counsel magazine that suggested that law firms might want to think twice about sending out their annual rate increase letter. The response has been incredible. And vehement. From every side. No surprise, eh? I’ll assume that you’ve either read the article, or that…

Dec 13, 2012 6:06 PM CST

Time to Blow Up the Billable Hour Formula

It’s time we face a fundamental problem that’s existed for the past 35 years after we moved away from fixed prices, retainers and other approaches that had previously been used and instead went to fees based solely on hours. Hours are performing two diametrically opposed functions. First, they are being…

Nov 28, 2012 3:10 PM CST

Prepping a Value-Fee Engagement Letter? Consider These 13 Issues First

I routinely am asked for copies of our engagement letters by people who want to utilize an alternative fee arrangement with their client. To address these queries, I have boiled down the points to be covered. As I have said many times, Valorem is a litigation firm, so this list…

Nov 7, 2012 3:02 PM CST

Catching Up with ‘09 Legal Rebel Tom Goldstein

Photo of Tom Goldstein by Arnold Adler Legal Rebel Tom Goldstein Rebel Year: 2009 Home: Chevy Chase, Md. What he’s been up to: Tom Goldstein doesn’t do things in the traditional way. But in schooling major media about what really happened in the landmark health care decision, the SCOTUSblog founder…

Oct 29, 2012 6:09 PM CDT

Read 10 Law-Inspired Haiku, Contest Winners Announced

Corrected: The ABA Journal is pleased to announce that the Ross Essay Contest selection committee has chosen 10 winners in this year’s legal haiku challenge. Editors sifted through nearly 450 submissions by ABA members, who were asked to submit up to five law-inspired haiku in the categories of Innovation, Inspiration,…

Oct 25, 2012 4:27 PM CDT

The Rise of Two-Tier Law

The New Normal thesis is: 1) That law is in the process of becoming more “normal”, i.e., more like other complex activities that go on in sophisticated organizations. 2) That this will be enabled by technology and process improvements. 3) That this will be led by general counsel. Much of…

Oct 24, 2012 1:30 PM CDT

Is It Good Enough to Simply Look Good?

In my column last week, I talked about how BigLaw needs to address its personnel model. Then I read Bruce MacEwen’s post, Growth is Dead: Part 5. The entire series is must-read material, but in Part 5, Bruce makes several points that are worth reflecting upon. Among them: The BigLaw…

Oct 16, 2012 1:30 PM CDT

To Survive, Firms Will Have to Get Serious About Costs, Get Off the Lockstep Treadmill

The recent reports from Citi and Wells Fargo indicating that law firms are fighting a losing battle in the expense-versus-revenue war can hardly be surprising. The economy continues to sputter, clients look to reduce their own expenses (which means less revenue for law firms), and law firms already have cut…

Oct 9, 2012 1:30 PM CDT

Warrior or Wedding Planner? The Growth Job for JDs in the New Normal

When I was an associate in a law firm, one of the partners used to say that his role oscillated between counselor and warrior. Sometimes he helped clients stay out of trouble, and other times he helped them battle through it. But in either case, his job was to talk…

Oct 2, 2012 9:11 PM CDT