alternative free arrangements: the facts behind the buzz

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blog.larrybodine.com/2012/07/articles/money/survey-finds-slow-adoption-of-alternative-fee-arrangements-for-legal-services/ http://lawmarketing.com/alternative-fee-arrangements-new-and-better-ways-to-price-legal-services/# http://www.jaffepr.com/about-us/industry-insight/white-papers/marketing-law-firm-value-alternative-fee-arrangements http://www.wilmerhale.com/about/alternative_fee_arrangements/ http://abovethelaw.com/wp-content/uploads/2013/01/Citi-Hildebrandt-2013-Client-Advisory.pdf http://www.geeklawblog.com/2012/08/toby-brown-on-iltatv-afa-or-lpm-find.html Law firms and their clients are clearly comfortable with using billable hours as a primary payment structure, and while AFAs may be offered, they are not necessarily widely used. However, there’s little doubt from legal practitioners that this will change in the coming years. For law firms willing to get ahead of the curve, there looks to be considerable opportunities with AFAs to increase efficiencies, increase revenues and better meet their clients’ expectations. CONCLUSION Intuitive, affordable, pervasive – thousands of companies choose Firmex Virtual Data Room (VDR) solutions to securely share their highly confidential documents. Leaders in corporate and financial transactions, M&A, compliance, litigation, and procurement value Firmex’s ease of use and outstanding support to accelerate their online document sharing and collaboration projects. 8 4 % somewhat to very satisfied 7 2 % somewhat to very satisfied Who is happy about using AFAs? 9 % 2% 3% Not Sure Yes No 8 8 % 6 % 9 2 % Do you think AFAs will remain a permanent part of legal matter billing? 19% said: A lot of progress 59% said: A little progress 18% said: Hardly any progress 5% said: Not sure Relative to two years ago, do you think law firms are making progress with AFAs? Decrease Increase Remain the same 4% 2 6 % 7 0 % 2% 1 4 % 7 4 % Do you expect to see an increase or decrease in the use of AFAs? Both Law Firms and Legal Departments believe AFA work will increase, but each side sees it slightly differently. WHAT DOES THE FUTURE HOLD? Do not even know what percentage of their legal work was billed using a method other than the billable hour or discounting. 6 % 1 7 % vs. 2011 2011 A bad sign? 2011 2012 2013 19% 16% 6 7 % used AFAs for less than 1/4 of their billing in 2011. AFA billing as a percentage of revenue Despite wide adoption, AFAs still represent a low percentage of Law Firm revenue REVENUE FROM AFAs said they initiated jointly initiated law firm initiated 54% 18% 3% AFA AFA AFA AFA Clients, not law firms, are spearheading the use of AFAs, and the largest companies are leading the charge. GC’s and CLO’s reported the following: AFA Growth Why Isn’t It Used More ? 52% said: Law firms are more comfortable with the billable hour 40% said: Corporate law departments are more comfortable with the billable hour 10% said: AFAs are too risky for the firm's overall revenue 4% said: Partners object or refuse to cooperate 61% said: Law firms are more comfortable with the billable hour 32% said: Law firms resist alternative fee arrangements Biggest perceived obstacles to wider adoption of AFAs 95% of law firms now offer some kind of AFA, and all firms with 150+ lawyers do so. Breakdown of billing type for companies with annual revenues of +$1 billion a t f e e p a r t i a l a t f e e 4 6 % b i l l a b l e h o u r 1 2 % 6 0 % 12% of legal departments used AFAs for more than 1/2 of the legal work they assigned to outside counsel in 2011. Widely Adopted.. ..but not Widely Used Law Firms Law Departments ADOPTION RATES Alternative•Fee•Arrangements (AFA) In the practice of law, AFA’s occur when payments to a law firm are based on a method other than billable hours. Law firms are under increasing pressure from clients to reduce costs and justify expenditures, and are showing a growing interest in Alternative Fee Arrangements (AFAs) to add more value. But while there's lots of buzz surrounding this new billing structure, how widely is it actually being adopted? And how will the use of AFAs fare in the future? These stats shed some light... Alternative Fee Arragements The Facts Behind The Buzz

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Alternative fee arrangements (AFAs) are bringing significant changes to the legal profession. Clients are pushing for a combination of cost savings and cost certainty, and law firms are responding in a resounding way.

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Page 1: Alternative Free Arrangements: The Facts Behind the Buzz

http://www.wilmerhale.com/about/alternative_fee_arrangements/

blog.larrybodine.com/2012/07/articles/money/survey-finds-slow-adoption-of-alternative-fee-arrangements-for-legal-services/

http://lawmarketing.com/alternative-fee-arrangements-new-and-better-ways-to-price-legal-services/#

http://www.jaffepr.com/about-us/industry-insight/white-papers/marketing-law-firm-value-alternative-fee-arrangements

http://www.wilmerhale.com/about/alternative_fee_arrangements/

http://abovethelaw.com/wp-content/uploads/2013/01/Citi-Hildebrandt-2013-Client-Advisory.pdf

http://www.geeklawblog.com/2012/08/toby-brown-on-iltatv-afa-or-lpm-find.html

Law �rms and their clients are clearly comfortable with using billable hours as a primary payment structure, and while AFAs may be o�ered, they are not necessarily widely used. However, there’s little doubt from legal practitioners that this will change in the coming years. For law �rms willing to get ahead of the curve, there looks to be considerable opportunities with AFAs to increase e�ciencies, increase revenues and better meet their clients’ expectations.

CONCLUSION

Intuitive, a�ordable, pervasive – thousands of companies choose Firmex Virtual Data Room (VDR) solutions to securely share their highly con�dential documents. Leaders in corporate and �nancial transactions, M&A, compliance, litigation, and procurement value Firmex’s ease of use and outstanding support to accelerate their online document sharing and collaboration projects.

84%

somewhat to very

satis�ed

72%

somewhat to very

satis�ed

Who is happy about using AFAs?

9%2% 3%

Not SureYes No

88%

6%

92%

Do you think AFAs will remain a permanent part of legal matter billing?

19% said: A lot of progress

59% said: A little progress

18% said: Hardly any progress

5% said: Not sure

Relative to two years ago, do you think law �rms are making progress with AFAs?

DecreaseIncrease Remain the same

4%

26%

70%

2%

14%

74%

Do you expect to see an increase or decrease in the use of AFAs?

Both Law Firms and Legal Departments believe AFA work will increase,

but each side sees it slightly differently.

WHAT DOES THE FUTURE HOLD?

Do not even know what percentage of their legal work was billed using a method other than the billable hour or

discounting.

6% 17%

vs.

2011 2011

A bad sign?

2011 2012 2013

19%

16%

67%

used AFAs for less than 1/4 of their

billing in 2011.

AFA billing as a percentage of revenue

Despite wide adoption, AFAs still represent a low percentage of Law Firm revenue

REVENUE FROM AFAs

said they initiated

jointly initiated law �rm initiated54% 18% 3%

AFA AFA AFA AFA

Clients, not law �rms, are spearheading the use of AFAs, and the largest companies are leading the charge. GC’s and CLO’s reported the following:

AFA Growth

Why Isn’t It Used More ?

52% said: Law �rms are more comfortable with the billable hour

40% said: Corporate law departments are more comfortable with the billable hour

10% said: AFAs are too risky for the �rm's overall revenue

4% said: Partners object or refuse to cooperate

61% said: Law �rms are more comfortable with the billable hour

32% said: Law �rms resist alternative fee arrangements

Biggest perceived obstacles to wider adoption of AFAs

95% of law �rms now o�er some kind of AFA, and all �rms with 150+ lawyers do so.

Breakdown of billing type for companies with annual revenues of +$1 billion

�at fee

partial �at fee

46%

billable hour

12%60%

12% of legal departments used AFAs for more than 1/2 of the legal work they assigned to outside counsel in 2011.

Widely Adopted.. ..but not Widely Used

Law Firms

Law Departments

ADOPTION RATES

Alternative•Fee•Arrangements (AFA)In the practice of law, AFA’s occur when payments to a law �rm are based on a method other than billable hours.

Law �rms are under increasing pressure from clients to reduce costs and justify expenditures, and are showing a growing interest in Alternative Fee Arrangements (AFAs) to add more value. But while there's lots of buzz surrounding this new billing structure, how widely is it actually being adopted? And how will the use of AFAs fare in the future? These stats shed some light...

Alternative Fee Arragements The Facts Behind The Buzz