White Papers

Myths, Realities and Strategies of Fixed Fees (The Metropolitan Corporate Counsel)

Ashish S. Prasad from Discovery Services LLC discusses fixed fees in this two-part article. In Part I, he identifies some popular misconceptions about fee arrangements, and cautions that clients and law firms must be careful in implementing any fee arrangement, whether hourly rates or fixed fees. In Part II, he outlines an approach to weighing the pros and cons of fixed fees and hourly billing in light of the circumstances of the case, the client, and the law firm.

Ethical Issues for Alternative Fee Arrangements (Federation of Defense & Corporate Counsel)

Allison O. Van Laningham, from the office of Smith Moore Leatherwood LLP, presents information regarding past billing methods for clients and addresses potential ethical issues with new billing arrangements.

Ethical Restrictions on Billing Guidelines and Legal Audits Misplaced

Professor William G. Ross’ article in 14 Notre Dame Journal of Law, Ethics and Public Policy beginning on page 527 provides a thorough analysis of the issues surrounding state bar ethics opinions on the use of insurance company billing guidelines and the use of third-party auditors. He concludes that the restrictions are poorly placed and will not benefit the insured policyholders in the long run.