Thursday, August 2, 2012

Chief Ip Counsel - Stop Trying to turn How Your Lawyers Bill You and Focus on Their Billing Model

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As legal service fees continue to rise five percent or more year after year, corporate Ip managers, such as Chief Ip Counsel and the like, continually face pressures from their management teams to sell out face counsel legal expenses. The current economic downturn has also resulted in corporate legal budgets being slashed, thus increasing the pressure on corporate Ip managers to sell out face counsel costs, even while Ip asset value is becoming more foremost to C-level management. As a result, the need for corporate Ip managers to perform face counsel fee relief while at the same time maintaining Ip legal service quality is more acute than ever today.

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Today, there are a number of commonly thorough methods to perform face Ip counsel fee relief including fixed (or "capped") fee arrangements and a division allowance per total hours billed, as well as electronic billing systems set up to automatically audit law firm bills. For corporate Ip managers, adoption of one or more of these methods literally provides a perception of immediate relief. A corporate Ip manager's task of negotiating with his face Ip lawyers about legal service fees nonetheless amounts to nothing more than "pushing the same rock up the same hill" because the same conversation will invariably occur again and again. Significantly, existing models of face Ip counsel fee relief focus primarily on modifying the way the law firm bills its corporate clients. In working within the law firm legal service paradigm, however, only incremental improvements are inherent because only so much cost can be removed from this legal service model.

In reality, corporate Ip managers do not need improvements in the way Ip law firms bill them for legal services. Rather, these clients need improvements in the way their Ip lawyers deliver legal services to their corporations. If such improvements finally emanate from a group of lawyers collectively practicing in an entity known as an "law firm," then that group of Ip lawyers should be looked at as providing innovative solutions to their clients' Ip legal service needs. But if these improvements come from Ip lawyers working face of the traditional law firm model, corporate clients seeking truly innovative solutions to ever-rising Ip counsel fees should not be afraid to try such new models.

One such innovative Ip legal service model now emerging is the "micro-firm" concept. An Ip lawyer practicing in this manner works whether alone or in loose association with other like-minded professionals. Typically, micro-firm lawyers work virtually, such as from their homes or from "hoteling" office locations. Without the gargantuan administrative costs of a traditional legal practice, micro-firm lawyers can fee markedly less than those practicing in a law firm setting.

Some might wonder how a micro-firm lawyer differs from a lawyer practicing in a small firm or solo setting. Well, the talk depends on whether or not the small firm or solo adheres to the traditional law firm model. If she works alone in loose association with a small group of lawyers but maintains the thorough staffing paradigm (e.g., receptionist, secretary, docket clerk etc.), this lawyer is still working within the law firm paradigm and cannot truly be determined a micro-firm lawyer. But if the lawyer handles her own administrative matters or outsources them to independent contractors on an as-needed basis, she fits the profile of the emerging micro-firm legal service model.

A supplementary distinguishing aspect of a micro-firm is that a lawyer practicing in this setting typically possesses many years of high level law firm or corporate custom Ip experience. Such level of feel commonly means that she will possess a skill set more thorough to address the Ip legal service needs of clients seeking to maximize corporate Ip asset value than that of a lawyer who has practiced primarily in a small firm or solo setting. Accordingly, the corporate Ip employer who hires a micro-firm lawyer should expect to derive Ip legal services at a quality comparable to the best Ip law firms at a significantly lower allembracing cost. Put simply, although the micro-firm lawyer no longer works in a well-appointed office fully supported by competent administrative staff, she nonetheless still provides high quality legal services, albeit in less glamorous surroundings where she likely must grind her own pencils.

Admittedly, the micro-firm concept is not a explication for all corporate clients needing Ip legal services. Because the micro-firm lawyer endeavors to keep overhead low, she likely will not furnish docketing services and may also not desire to furnish Ip filing and management services for clients. For a corporate client that maintains its own in-house Ip infrastructure, these limitations should matter little, however. If a corporate Ip employer employs competent docketing and administrative staff, there literally is no need for his society to carry the overhead costs related with his face Ip lawyers also maintaining a comparable infrastructure. In other words, if a corporate Ip employer believes that his Ip administrative staff members are doing their jobs correctly, the redundancy afforded by hiring a Ip lawyer who maintains the same infrastructure is likely a waste of money. (But, if the corporate Ip employer feels that he must rely on his face Ip counsel for administrative back-up, he might want to search for whether he has the right people staffing his internal Ip infrastructure.)

As one example of the micro-firm concept in practice, a highly experienced chemical patent attorney with whom I am acquainted would bill over 0 an hour if she still worked as a partner at a customary Ip boutique. Now that she works from home on her own terms, she bills her clients about 0 an hour. Of course, her work goods does not differ from that she ready at the law firm. To the contrary, her work goods quality, as well as her responsiveness to clients, is likely greater today because she is not branch to the pressures of client improvement and law firm management that caused her much consternation while in inexpressive practice. A distinction in my acquaintance's custom and that of a traditional law firm is that she does not cope docketing matters for her clients. She prepares high quality patent applications and handles other patent matters and then passes off her work goods to her clients for docketing, filing and managing using their own corporate staff. My acquaintance makes a good living from this "micro-firm' model, and instead of having to take clients to dinner in the evenings, she is home when her kids get home from school in the afternoons.

Corporate Ip managers may wonder how they might recognize well-qualified lawyers working in the micro-firm model. Public media products such as LinkedIn, Twitter and Facebook control as innovative resources in this regard. Internet Ip job boards also now increasingly feature ads for virtual and part-time Ip lawyers to furnish legal services directly to corporations. Also, corporate Ip managers should also not be reticent about request their existing Ip legal services providers for recommendations. (Surely they would rather a corporate client outsource work on a piecemeal basis to a business friend, as opposed to losing a corporate client thoroughly to someone else law firm.) Most experienced firm lawyers know one or more Ip lawyers who became weary of the pressures of law firm practice, but who still wish to custom law, although likely in more low-key manner. And, with the increasingly frequent closure of previously storied law firms as a supervene of the current economic downturn, it is likely that significantly more highly experienced Ip lawyers will come to be ready as outsourcing resources for savvy corporate Ip managers.

The micro-firm concept clearly is a new way to furnish Ip legal services to clients. Many who work within the traditional law firm model will no doubt find many reasons why the law firm legal service model is superior to a lawyer working at home in her pajamas. And, these critics may be right in many respects. Micro-firms literally do not serve as a universal talk to all of the issues today facing corporate Ip managers. The micro-firm concept can nonetheless control as one of the innovations that collectively allow corporate Ip managers to verbalize the allembracing quality of their Ip operations, while at the same time allowing them to sell out the cost of obtaining such Ip legal services.

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