Firms and departments blame each other for alternative billing’s failure to take hold

Long ago, in 2002, the leading reason why law departments had not implemented “value-based fees,” according to a survey by Examenb, was “resistance from outside law firms.” The same refrain is sung today – “our law firms drag their heels.”

The contrapuntal tune, from law firm managing partners, sings a criticism of law departments – “our clients aren’t brave enough to venture forth.” Both sides hum with blame for the other.

I fault law departments for not pushing the agenda to cure hourly billing’s blues. They have the bucks; they have the work; they have the bully pulpit of change and the clout of Fortune 500 companies.