Cost pressures and price competition among law firms have affected fee negotiations with corporate clients. Alternative Fee Arrangements (AFA) are growing popular as the parties move away from straight hourly billing and toward a value-based approach that clients increasingly demand. Some law firms and some clients are suspicious of AFAs, seeing them as methods to lower (from the law firm’s point of view) or raise (from the client’s) fees.
Using a model like the “Four Pillars For Providing Value” can help the parties reach a negotiated fee solution allying these suspicions and achieves many of their goals:
- SCOPE: Define the boundaries of the project and the results it will produce
- BASELINE: Determine the known state of past performance so it can be measured and compared
- BENCHMARK: Gain intelligence into how others provide the same services and values
- VALUE: Ensure offering aligns the goals of both the client and firm
The key to success is for each side to gain as much information as possible about market pricing. Such information is now readily available.