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1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the .10 Increments November 10, 2010 Miami, Florida

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Page 1: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Corporate Counsel SeminarAlternate Billing Practices:

Thinking Outside of the .10 Increments

November 10, 2010

Miami, Florida

Page 2: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Moderator & Panelists Moderator

Richard Montes de Oca, Esq.Associate Vice President and Assistant General CounselGlobal Compliance & EthicsRoyal Caribbean Cruises Ltd.

Panelists Joseph Nuñez, Esq.

Senior Group CounselTarget

Luis Consuegra, Esq.Contract AttorneyChevron Products Company

Mario D. Carballo, Esq.Assistant General CounselLNR Partners, LLC

Stephanie Chin, Esq.Senior Associate General CounselSection Head Tort LitigationWal-Mart Stores, Inc.

Moderator & Panelists

CABA Corporate Counsel Seminar

November 10, 2010

Page 3: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Economic crisis has forced corporate legal departments to cut costs

Despite economic conditions, law firms continue to increase rates

South Florida law firm rates at $785 p/hour; NY rates at $1,000 p/hour

Corporate counsel placing increased focus on value vs. hours

Alternate billing is improving efficiency and cost effectiveness

Many law firms remain unwilling to “play ball” or put “skin in the game”

Alternatives to traditional law firms are becoming increasingly attractive

Source: POSTLEWAITE, SUSAN: “Riding A Wave Of Misfortune” at dailybusinessreview.com

Introduction

CABA Corporate Counsel Seminar

November 10, 2010

Page 4: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Alternate Billing Practices

CABA Corporate Counsel Seminar

November 10, 2010

Alternate Billing Practices

“Waterfall” Discounts

Hybrid Fees

Discounts Based on

No. of Matters &Total Spend

Flat Fees

Discounted Hourly Fees

Blended Rates

Page 5: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Discounted Hourly Fees

Description

• Across-the-board reduction in the standard hourly fees

• Percentage reduction on all bills

• Usually, 5% to 15% discount

Types of Matters

• International Work (e.g. Chevron)

• Judicial Foreclosures (e.g. LNR)

• Personal Injury (e.g. RCL)

Discounted Hourly Fees

Incentive to employ firm Reward clients with larger

billings, number of matters Advance efficiencies of practice Drive business

Precedent-setting concerns Administrative concerns Managing expectations Risk to “standard” billing

rates

CABA Corporate Counsel Seminar

November 10, 2010

PROS CONS

Page 6: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Blended Rates

Description

• Attorneys’ time is billed equally, regardless of seniority

• Require close management of attorneys to ensure oversight

• Approx. $350 per hour (e.g. partners $500; associates $275)

Types of Matters

• Tort Litigation (e.g. Wal-Mart)

• Real Estate Litigation (e.g. LNR)

Blended Rates

Concerns about quality of work

Administrative concerns Risk to “standard” billing

rates

Encourage more efficient staffing and lower rates

Promote simpler record-keeping and billing by outside counsel

Simplifies bill review and budgeting

CABA Corporate Counsel Seminar

November 10, 2010

PROS CONS

Page 7: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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“Waterfall” Discounts

Description

• Stepped discounts – the percentage of discounts increases as the amount of money billed on the matters increases (e.g. 5% discount on first $100k, 10% on next $200k, 15% on anything over $300k)

Types of Matters• Real Estate Transactions (e.g. Target)• Commercial Litigation

“Waterfall” Discounts

Greater administrative concerns

Managing expectations Apportionment by client

across different matters Risk to “standard” billing

rates

Greater incentives to employ firm Reward clients with larger

billings, number of matters Great incentive for client to pool

legal resources in one firm Drive business

CABA Corporate Counsel Seminar

November 10, 2010

PROS CONS

Page 8: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Discount Based on Number of Matters

Description

• Discount of 5% if more than X number of matters

Discount Based on Total Spend

Description

• Discount of 5% upon $100K in billings

Types of Matters

• Workouts and Foreclosures (e.g. LNR)

Discounts Based on No. of Matters & Total Spend

Greater incentives than regular discounts Reward clients with larger volume of matters and billings Drive business Advance efficiencies

Administrative concerns Apportionment by client across different matters Risk of inconsequential file openings

CABA Corporate Counsel Seminar

November 10, 2010

PROS CONS

Page 9: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Flat Fees

Description

• Specific services for a set price during the course of a specified period

• Ceiling on what the client pays the law firm for specific services

• Straight (e.g. $5k for retail lease negotiation) or graduated (e.g. $5k for first 5, $4k thereafter)

Types of Matters

• Labor and employment (e.g. Wal-Mart; RCL)

• Corporate Secretarial Services (e.g. RCL)

• Uncontested Non-Judicial Foreclosures (e.g. LNR)

• Real Estate Closings (e.g. Banks and Financial Services)

• Real Estate Files Reviews (e.g. Target)

Flat Fees

Concerns about quality of work

Managing expectations within firm

Careful analysis on an ongoing basis

Drive business Advance efficiencies Advance expertise/SME

proposition Easing of administrative concerns Predictability

CABA Corporate Counsel Seminar

November 10, 2010

PROS CONS

Page 10: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Hybrid Fees

Description

• Combination of a discounted hourly rate and contingency fee arrangement

Types of Matters

• Commercial Litigation

• Class Action Litigation

• Anti-trust

• Intellectual Property

Hybrid Fees

Easy to negotiate and administer Client’s control of litigation

expenses Incentives to both the firm and

the client

CABA Corporate Counsel Seminar

November 10, 2010

Concerns about quality of workManaging expectations within firmCareful analysis on an ongoing basis

PROS CONS

Page 11: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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DON’T send inaccurate bills or nickel and dime (e.g. bills for .10 hours)

DON’T automatically increase bills (e.g. focus on merit, expertise and inflation)

DON’T be afraid to be creative (e.g. reverse auctions; travel time, contract attorneys)

DO make billing statements, relationships and discussions easy

DO promote diversity within the law firm

DO consider using technology (e.g. Serengeti)

DO’S & DON’TS

CABA Corporate Counsel Seminar

November 10, 2010

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QUESTIONS & ANSWERS

CABA Corporate Counsel Seminar

November 10, 2010

Page 13: 1 Corporate Counsel Seminar Alternate Billing Practices: Thinking Outside of the.10 Increments November 10, 2010 Miami, Florida

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Corporate Counsel SeminarAlternate Billing Practices:

Thinking Outside of the .10 Increments

November 10, 2010

Miami, Florida