Canadian Lawyer InHouse

January 2017

Legal news and trends for Canadian in-house counsel and c-suite executives

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27 CANADIANLAWYERMAG.COM/INHOUSE JANUARY 2017 Litigation support Contract review Alternative staffing Legal research E-discovery Patent document review 43.2 % 37.8 % 24.3 % 27 % 21.6 % 13.5 % WHAT ARE YOU USING ALTERNATIVE SERVICE PROVIDERS FOR? (contract lawyers, paralegals) 68.7 % We did 7.8 % Our law fi rm suggested it 23.5 % We have mutually discussed AFAs WHO INTRODUCED THE IDEA OF USING AFAS? IF USING AFAS, PLEASE SELECT THE ONES YOU ARE CURRENTLY USING. 51.5 % Discount 41.5 % Flat - quote on a prescribed scope or phase of work or bundled portfolio of work 40 % Fixed - consistent price for particular task or type of matter 28.5 % Capped - Client pays lesser of actual cost or the pre-determined capped fee 15.4 % Not using AFAs 13.1 % Value billing - Fee structure determined upfront 10 % Holdback/success fee - percentage of hourly rates or flat fee held back 8.5 % Retainer - A monthly or annual rate for unlimited access to firm or group of lawyers 6.2 % Collared - Firm and client agree to split difference on agreed range if cost is more or less than quoted fee 5.4 % Phased fees on specific projects 3.8 % Contingency - client pays a negotiated percentage of money recovered, saved or won 3.1 % Busted deal - client does not pay or pays reduced amount if deal does not proceed as anticipated No Yes, in-person Yes, over-the-phone Yes, written 87.8 % 5.3 % 4.8 % 2.1 % 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? 43.1 % 17.1 % 39.8 % HOW MANY LAW FIRMS ARE YOU USING? 1 to 4 5 to 10 More than 10 National firms Boutique firms (IP, employment law, tax) Regional firms International firms Alternative firms LPOs 78.5 % 71.3 % 64.6 % 37 % 5 % 2.2 % DO YOU USE? 68.5 % Yes, the general counsel/ legal department makes the selection DOES THE GENERAL COUNSEL HAVE THE AUTONOMY TO SELECT FIRMS? 21.5 % It is a shared decision with executive management/ board 7.7 % No 2.2 % Handled by procurement department/ process

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