A long article describes Pfizer’s dramatic move to have 19 law firms handle more than three-quarters of its US spend on fixed fees. The article is Corp. Counsel, Vol. 17, Jan. 2010 at 66, 70. (See my post of March 1, 2008: fixed or flat fees with 36 references).
Embedded in it are two points worth highlighting.
The first is that the firms like their newfound freedom to allocate resources as they choose – it’s their own dollars they are investing, after all. Harnessed to the yoke of hourly billing, clients are wont to intervene much more in how law firms get their work done. When the payments are fixed, firms enjoy much more latitude.
Second, under a fixed fee, if a law firm suggests to the client that it would like to do something extra or prepare for upcoming matters, clients welcome the initiative. Partners aren’t suspected to be in selling mode, the inevitable suspicion that follows proposals to do more and naturally have the meter tick more.