Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 5 39 86/4& 35/8& yes no % % modate restrictions in your budget," says O'Reilly Wilks. It may take a little probing, but the alternative solution is out there, she says. "I don't ever want to pay regular rate. I always want to have some kind of arrangement whether it's a fixed fee or success fee or whether you build in various milestones," she says. "In any deal you do, if you're cre- ative, you can structure it very similarly. If you're just doing small discrete deals, that might be a challenge unless you associate a success fee with getting it done a certain way in a certain time frame. In general, the kind of work we have we've always found ways to structure it so we can come up with alternate fee arrangements." Bringing more in-house in 2016 Of those in-house who answered this year's survey, 61 per cent said the volume of legal work carried out by their depart- ment and external counsel combined was likely to grow in 2016 from 2015. Overwhelmingly, 81 per cent attributed the projected growth to "company is in growth mode" while many specified "increased regulatory burden." Other rea- sons cited included "changing legal climate and developments in aboriginal law" and "increased regulatory pressures." One respondent said: "There seems to be more and more compliance/regulatory requirements and procurement groups are insisting on using their own form of a standard contract, which is often not appropriate for the services provided resulting in a much greater expenditure of legal time to address the issues." Other responses show in-house coun- sel are also choosing external legal services providers based on their knowledge of specific lawyers (67.4 per cent), followed by industry/practice area expertise (49 per cent), technical expertise (43.7 per cent), and law firm reputation (24.2 per cent). Some of the comments on this ques- tion indicated the following were also important: "Their ability to deliver timely, relevant advice and their commitment to understanding my business," as well as ". . . how well their values align with our corporate values and are they willing to be a strategic partner from a business and fee front." In-house are also showing their prefer- ence for using boutique law firms with Are you interested in engaging with your law firm(s) in AFAs? we did 68.2 % 31 % we have mutually discussed AFAs Who introduced the idea of using AFAs? our law firm suggested it 1.3 % what are you using LPOs for? 58.8 % Alternative staffing (contract lawyers, paralegals) 35.3 % Contract review 23.5 % Litigation support 23.5 % E-discovery 17.6 % Legal research 5.9 % Patent document review if yes, are you using LPOs onshore or off? onshore offshore both 70.6 % 11.8 17.6 Considering legal process outsourcing for future matters 11.4 % 10.1 % are you using alternative legal services? NO 78.5 % YES has your top law firm asked your law department to complete a written, over-the-phone, or in-person satisfaction survey in the last 12 months? No Yes, in-person Yes, over-the-phone Yes, written 83.1 % 7.8 % 5.8 % 3.2 %

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