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Legal Mosaic Essays on Legal Delivery

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<str<strong>on</strong>g>Legal</str<strong>on</strong>g> <str<strong>on</strong>g>Mosaic</str<strong>on</strong>g>: <str<strong>on</strong>g>Essays</str<strong>on</strong>g> <strong>on</strong> <str<strong>on</strong>g>Legal</str<strong>on</strong>g> <strong>Delivery</strong><br />

are <strong>on</strong>ly a handful of those globally. I hire individual lawyers-the firm<br />

is incidental and, frankly, something I factor into the cost of hiring the<br />

lawyer I want.”<br />

We proceeded to billing rates. There, it’s all about the matter complexity<br />

and/or novelty and the number of lawyers who can do the job capably.<br />

“In bet –the- company cases,” my friend pointed out, “a handful<br />

of lawyers might be equipped to do the job well, and, so, they command<br />

high fees. And I d<strong>on</strong>’t quibble over those fees. Then there are my<br />

lawyers who handle less complicated, more routine matters-the legal<br />

equivalent of doctors c<strong>on</strong>ducting routine physicals. Their judgment is<br />

important too, but there are more of them who can do the job and, so,<br />

I pay them commensurately lower fees. Each category of lawyer is important;<br />

their value is determined by their scarcity.”<br />

“So it’s a numbers game with lawyers who can do the job,” I said. “You<br />

choose from a group of lawyers whose expertise and judgment you<br />

trust, and you pay them by the value that type of work has for you.”<br />

He agreed.<br />

“So let’s return to the firm and the value it drives,” I said.<br />

“Not much in most instances,” he said, “if I had my way I would hire<br />

a particular lawyer and then tap into a network of support lawyers who<br />

would work under her/his directi<strong>on</strong>-and at substantially lower rates that<br />

are more in line with the value I perceive they deliver to the tasks they are<br />

performing. I d<strong>on</strong>’t ascribe much value to most firms, especially those<br />

whose <strong>on</strong>ly comm<strong>on</strong> denominators are name and high billing rates.”<br />

The days of “for services rendered” are over. Likewise, disaggregati<strong>on</strong><br />

of many legal tasks-and the “productizing” of others have challenged<br />

the traditi<strong>on</strong>al assumpti<strong>on</strong> that law firms and their expensive structures<br />

are necessary to handle legal work. Witness the steady growth of in-<br />

44

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