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MARI HENRY LEIGH - Meckler Bulger Tilson Marick and Pearson LLP

MARI HENRY LEIGH - Meckler Bulger Tilson Marick and Pearson LLP

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In a time when clients pay closer <strong>and</strong> closer<br />

attention to legal bills, Mari Henry Leigh has<br />

helped develop a unique practice that helps<br />

clients monitor, review, <strong>and</strong> sometimes even<br />

challenge attorney fees.<br />

This practice may not always make her the<br />

most popular lawyer in the room, but it<br />

sometimes makes her the most important<br />

lawyer in the room.<br />

Leigh chairs the litigation management <strong>and</strong><br />

attorney fee practice group at <strong>Meckler</strong>,<br />

<strong>Bulger</strong>, <strong>Tilson</strong>, <strong>Marick</strong> & <strong>Pearson</strong> <strong>LLP</strong> (MBT)<br />

<strong>and</strong> manages about a dozen attorneys,<br />

accountants <strong>and</strong> paralegals. She litigates <strong>and</strong><br />

provides legal <strong>and</strong> expert witness consulting<br />

services regarding attorney fee <strong>and</strong> legal fee<br />

disputes, legal audits <strong>and</strong> auditing, legal bill<br />

reviews <strong>and</strong> attorney ethics, legal malpractice,<br />

<strong>and</strong> litigation management.<br />

Leigh first envisioned her practice after MBT<br />

Co-Chair Bruce <strong>Meckler</strong> asked her to assist<br />

analyzing attorneys’ fees in a case so hotly<br />

contested it ultimately proved worthy of Wall<br />

Street Journal coverage.<br />

“There weren’t a lot of people really suited<br />

to it, who could underst<strong>and</strong> the numbers,<br />

could see patterns in those numbers, <strong>and</strong><br />

could see the big picture,” says 54-year-old<br />

Leigh. “It’s not about winning the case. It’s<br />

about taking the roof off the law firm’s<br />

structure <strong>and</strong> looking down <strong>and</strong> saying how<br />

the case was run, how the work was allocated,<br />

<strong>and</strong> was the work done efficiently. To be able<br />

to do that, you’ve got to know what the work<br />

entails. You’ve got to have done the work<br />

yourself at one point in time.”<br />

Building a Career<br />

Born in Rensselaer, Ind., she learned a<br />

strong work ethic from her family. Her mother<br />

worked as a home economist who led 4H. She<br />

<strong>and</strong> her three brothers spent a lot of time on<br />

the fairgrounds because of their mother’s<br />

profession.<br />

She graduated from Purdue University in<br />

1980 <strong>and</strong> Case Western Reserve University<br />

School of Law in 1983. She worked as an<br />

associate trial attorney at Bensech, Friedl<strong>and</strong>er,<br />

Coplan & Aronoff in Clevel<strong>and</strong> from 1983 until<br />

1990, moving to Chicago that year when she<br />

joined Phelan, Pope & John.<br />

Leigh describes Phelan, Pope & John as<br />

one of the best trial firms in the city, where<br />

SM<br />

<strong>MARI</strong> <strong>HENRY</strong> <strong>LEIGH</strong><br />

associates regularly squared-off for the best<br />

cases <strong>and</strong> partner attention.<br />

“It was a very aggressive place to be,” she<br />

says. “I think in some ways the firm thrived on<br />

that. They liked that gladiator—Hunger Games<br />

kind of situation.”<br />

Leigh moved to Lord Bissell & Brook in<br />

1993, a year before Pope & John disb<strong>and</strong>ed.<br />

While she worked at Lord Bissell, a group of<br />

lawyers from Pope & John decided to form<br />

their own firm. They asked Leigh to join them.<br />

In 1994, she moved to the new firm—what<br />

would become MBT—<strong>and</strong> became partner<br />

No. 7.<br />

“That was the time when we all sat around<br />

the table <strong>and</strong> made the decisions together<br />

because we were small enough to do that,” she<br />

recalls. “I think we had 12 partners <strong>and</strong> 12 or 13<br />

associates when we first started. MBT now has<br />

over 100 attorneys <strong>and</strong> four offices nationally.”<br />

Expertise in Analyzing Fees<br />

While working in Clevel<strong>and</strong> at Bensech,<br />

Friedl<strong>and</strong>er, Coplan & Aronoff, she got to<br />

sample different practice areas, which has<br />

helped her enormously throughout her career.<br />

But in the end, litigation won out. The firm<br />

required associates to pick their first <strong>and</strong><br />

second choice of practice area, <strong>and</strong> then the<br />

practice areas “bid” on which associate to<br />

take. She made herself indispensable to all the<br />

practices she worked in <strong>and</strong> refused to put<br />

down a second choice. She figured the firm<br />

would rather give her the choice of litigation<br />

Trailblazing in the Practice<br />

of Legal Bill Review<br />

by Olivia Clarke<br />

than lose a talented lawyer.<br />

Her plan worked because she joined the<br />

litigation practice.<br />

“Not many cases go to trial,” she says. “You<br />

have to have 25 cases on your docket <strong>and</strong><br />

hope that one or two go to trial. If it smelled<br />

like a trial I tried to get myself on it. I did<br />

antitrust work, bankruptcy, products liability<br />

<strong>and</strong> a lot of personal-injury work.<br />

“I’ve always practiced on the idea that to be<br />

a really great trial lawyer, you’ve got to be ready<br />

to try the next big thing. It’s not about being a<br />

particular trial lawyer. It’s about being a trial<br />

lawyer. You need to be ready to try anything.”<br />

Leigh’s love of deposing experts made<br />

working as a consultant a natural segue.<br />

She realized an opportunity existed to help<br />

create a practice group <strong>and</strong> really go deeper<br />

into this area.<br />

They created software to analyze fees,<br />

developed expertise, <strong>and</strong> the practice grew.<br />

It started as about 25 percent of her practice,<br />

but it soon engulfed her life as a lawyer.<br />

“It was not until five years ago that I realized<br />

that I’m probably not going back to my<br />

litigation practice full-time,” she says. “It’s a<br />

great practice, <strong>and</strong> I get to do a lot of things<br />

that I wouldn’t get to do as a trial attorney, <strong>and</strong><br />

I think in a long-range plan it is something I<br />

can continue to do.”<br />

Her clientele varies, but a large part of the<br />

firm’s work in this area comes from fee disputes<br />

where a third party gets asked to pay the fees.<br />

Another scenario involves a party coming to


the firm because it’s been presented with a bill<br />

for $40 million in attorney fees <strong>and</strong> it has no<br />

way of knowing if the amount is reasonable.<br />

Or, a court may decide that the prevailing<br />

party gets to collect its reasonable fees from<br />

the other party, <strong>and</strong> Leigh <strong>and</strong> her firm must<br />

figure out what “reasonable” means.<br />

The firm also gets hired on the front end of<br />

large-scale mass tort litigation matters to<br />

manage <strong>and</strong> direct the litigation by writing<br />

billing guidelines <strong>and</strong> helping create controls<br />

<strong>and</strong> procedures to control the fees.<br />

An in-house counsel may ask for help with<br />

h<strong>and</strong>ling with the day-to-day litigation needs<br />

of complex cases because “a case or cases<br />

can threaten to absorb a disproportionate<br />

amount of an in-house counsel’s time <strong>and</strong><br />

they can’t allow that to happen because they<br />

are too valuable <strong>and</strong> are needed elsewhere.”<br />

For example, one of the first times the firm got<br />

called in to do that was for a pharmaceutical<br />

company. A legal matter that should take the<br />

in-house counsel 20 percent of his time took<br />

80 percent.<br />

“The reason we can do this so well is<br />

because we are practicing attorneys,” she says.<br />

“All the software that we have makes us do<br />

our work smarter <strong>and</strong> more efficiently, but it<br />

can’t replace the fact that in the end someone<br />

has to analyze it. That’s what we bring: our<br />

skill as attorneys <strong>and</strong> that judgment <strong>and</strong> the<br />

experience that we have.”<br />

‘Utterly Brilliant’<br />

To help fellow trial attorneys <strong>and</strong> litigation<br />

professionals become better litigation<br />

managers, Leigh proposed that the Claims<br />

<strong>and</strong> Litigation Management Alliance (CLM)<br />

create a Litigation Management Institute (LMI).<br />

Successful graduates of LMI earn a first-of-itskind<br />

professional designation as a Certified<br />

Litigation Management Professional or CLMP.<br />

The CLMP designation goes to graduates of<br />

an intensive training program at Columbia Law<br />

School in New York. The inaugural class of 100<br />

lawyers <strong>and</strong> claims professionals graduated<br />

in October 2011, <strong>and</strong> Leigh distributed their<br />

diplomas during the ceremony.<br />

“Law schools don’t prepare you for this,”<br />

she says. “They don’t teach you about how to<br />

delegate work, how to staff a case, how to talk<br />

to people. They don’t teach you any of the real<br />

practical tools you need to get the work done.<br />

It’s a lot of theory. Let’s teach people a lot of<br />

what we are doing, which is managing a case<br />

on the front end so you are not on the back<br />

end as the target of a fee dispute.”<br />

Adam Potter, executive director of the CLM,<br />

says many lawyers now seek admission to the<br />

program that Leigh envisioned. He likens the<br />

SM<br />

program to an executive MBA program<br />

because of the level of difficulty. Leigh stays<br />

involved in the program by creating the case<br />

studies for the program.<br />

“Dynamic—that’s the best way to describe<br />

Mari,” Potter says. “She’s a go-getter who gets<br />

things done <strong>and</strong> she’s a wealth of information<br />

<strong>and</strong> a good person.<br />

“She’s perceived as the gr<strong>and</strong>daddy of legal<br />

billing review. If there are any significant<br />

issues, Mari is one of the first attorneys that<br />

people go to. You never know what she’s<br />

going to think of next.”<br />

When asked to discuss the cases she <strong>and</strong><br />

her partners recently h<strong>and</strong>led, she faced some<br />

difficulty because so much confidentiality<br />

exists among them. She h<strong>and</strong>les between<br />

seven <strong>and</strong> eight cases at one time <strong>and</strong> works<br />

about 16 hours a day in the heat of a case to<br />

meet deadlines.<br />

Lawrence Beemer, national claim director for<br />

Fireman’s Fund Insurance Co., counts himself<br />

among Leigh’s clients. She first h<strong>and</strong>led a<br />

major billing dispute case for the company. The<br />

company continues to work with her on a<br />

number of cases. He admires her outst<strong>and</strong>ing<br />

ethics on each matter she h<strong>and</strong>les.<br />

“She’s utterly brilliant,” he says. “She has<br />

become an expert in her niche market of bill<br />

review <strong>and</strong> she’s coupled that with a robust<br />

background in defending all sorts of different<br />

kinds of cases. She <strong>and</strong> her people have built<br />

a very complex billing review system that can<br />

h<strong>and</strong>le lots of variables <strong>and</strong> it’s very impressive.”<br />

When not practicing law, she enjoys spending<br />

time with her three sons: Garrett, 26; Devin,<br />

24; <strong>and</strong> Mason, 20. She gardens, cooks, <strong>and</strong><br />

travels with friends. In 2009, Leigh took<br />

motorcycle lessons with two of her sons <strong>and</strong><br />

occasionally rides the back roads of Illinois.<br />

<strong>Meckler</strong> describes Leigh as tenacious <strong>and</strong><br />

tireless. “Once she is on something, she misses<br />

nothing. Mari helped build this (practice) with me.<br />

“She’s a wonderful person <strong>and</strong> mother <strong>and</strong><br />

compassionate <strong>and</strong> cares about family <strong>and</strong><br />

about our practice <strong>and</strong> firm. People come first<br />

to her. Even with all the pressures of life <strong>and</strong><br />

family, she’s been able to achieve what I<br />

consider a real position of excellence in our<br />

practice, in our firm, <strong>and</strong> around the country.” ■<br />

This article originally appeared in Leading Lawyers Network Magazine—Women’s Edition for 2012 <strong>and</strong> has been reprinted with permission. © 2012 Law Bulletin Publishing Co.

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