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<p>That’s a very valid point and you’re right, perhaps everything will go back to normal but from my own perspective there are a lot of things different about this time than earlier periods.</p>
<p>In the past the cost cutting was more of a knee-jerk reaction than a through analytical process. From what I’ve seen myself clients are now much smarter about how they source services and analyze the results–in a way the combination of new legal technologies and the downturn’s call for cost cutting created a perfect storm. </p>
<p>Our company recently implemented e-Billing and similar technologies. In the past paper bills arrived, got a cursory once over and were approved with little question. Today it’s a whole different story. Every line item is scrutinized. Our ability to do that meant we could also develop detailed engagement terms with our firms. </p>
<p>A retrospective analysis found, not surprisingly, that many firms were overstaffing matters, charging more hours than we agreed to, submitting disbursements that we didn’t agree to etc.; however in the past all that just got paid. Today all that’s immediately rejected and the firm gets stuck with the charges.</p>
<p>Furthermore, this has all changed our methodology towards sourcing legal work in the first place. When the downturn hit, just as we got up to speed with our technology, we were ready to play hard ball. </p>
<p>We literally negotiate down to the penny. Your firm wants to bill us 15 cents a copy? I’m sorry our outside counsel policy only permits 8 cents and if you bill us more we won’t pay. You sent two associates to this hearing but we only agreed to one. In the past we paid because nobody noticed… today we notice and the firm is stuck with the bill. The days of padding the bills are over–at least for us and those like us. </p>
<p>We now have huge databases of attorney rates by matter type, experience, success factors, etc. In the past sourcing basically got a once over on the expected total cost of the matter and someone would say ‘yeah that looks good’ and the papers were signed. Today we compare each attorney rate against the competition and use this as a negotiation tool. We know who they want to staff on a matter, how experienced they are and what they charge relative to the competition. </p>
<p>If they want to put Joe Smith on the matter we’ll say “OK that’s fine, but Joe is only a second year associate and yet you’re proposing charging a 20% premium on the competition for this level of work… that’s not going to fly on this matter so either staff someone more junior on this basic work or reduce Joe’s rate for this matter.” That sort of thing never happened before–we simply didn’t have the data because it was all hidden in stacks of paper in filing cabinets–but now it’s all part of our standard sourcing practice. </p>
<p>That just scratches the surface but begins to highlight what’s different now vs. earlier downturns. We now have the ability to do all the above and much more… and when things pick up again we, and many others, aren’t about to change the way we source and evaluate our legal services.</p>