Tag Archive for 'costs'

Brother can you spare a dime?

Bing Crosby* singing a song from the Great Depression seems a long way from where we are now in 2010, but to borrow a phrase, buddy can you spare £80 billion?

I know that at election time, we, the voters, are supposed to ask the difficult questions and receive the collective wisdom of our political masters, even if it bears little resemblance to the policies they then pursue once the ballots have been safely counted.

With a deficit of around £160 billion, you would imagine that the odd £80 billion would come in handy. By almost halving the deficit it would, in fact, help Chancellor Darling or Chancellor Osborne or even Chancellor Cable ( surely some mistake here) to achieve at a stroke what the present Government has said it wants to do over the next 4 years.

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David and Goliath

A recent US case of a law firm suing a client contains a salutary lesson. 

Debevoise & Plimpton had sued former client Candlewood for $6million in unpaid legal fees and found itself facing “an answer and counterclaim” seeking damages of $55million! [Ex-Debevoise Client Raises Nasty Counterclaims in Unpaid Bills Case, The American Lawyer, 14 January, 2010]

Apparently, some of Candlewood’s allegations against their former advisers were not too flattering which only goes to show that the publicity generated by this type of dispute is often publicity the law firm could well do without.

According to Candlewood’s counterclaim, D&P managed to bill for more than 15,000 hours or the equivalent of 10 lawyers working full time for the 10 month period in question, whereas Candlewood’s Delaware based lawyers successfully represented the company for two and a half years at a total cost of $450,000.

Could this happen in England?

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e-Discovery coming of age

Back in May this year, in an interview that appeared in Legal Week, I was prepared to hedge my bets as to whether a tipping point in the use of electronic discovery methods had been reached. Now I am convinced.

The e-dsicovery tipping pointThe reason is the timely conjunction of market need, technical capacity and tumbling costs.

To illustrate how far e-discovery costs have fallen, we estimate that a large e-discovery project undertaken five years ago which took upwards of six months and cost more than £500,000 would today be completed within days and cost less than £10,000.

There are four key factors at work here – cost pressure from clients; increasing maturation of e-discovery technology; a judiciary increasingly aware of e-discovery and prepared to address costs; and competitive pressure as the more innovative law firms leverage the technology for competitive advantage.

A key benefit of these technical improvements and increased speed is that the latest e-discovery technology is available to any law firm of any size on any matter, at a price that will be proportionate to the claim. We are now at the point where it should  be normal practice to use e-discovery technology in relation to even relatively low value disputes. The question for those practitioners who have been slow to embrace the new paradigm is, “How much longer can you afford not to?”

Further reading:  e-Discovery in the Spotlight [PDF 290Kb]

A drop in the ocean?

Last weekend’s Sunday Times Business section carried an article by Danny Fortson and Kate Walsh about the advisers working on the collapse of Lehman Brothers.

Lehman BrothersThe pictures at the top of the article showing a grim faced Dick Fuld, former Chief Executive, and one of the workers who lost her job that fateful day almost one year ago brought home what a momentous event the collapse of such a major investment bank actually was. The banks in the UK were deemed to be too big to fail and have been bailed out with huge amounts of taxpayers’ money but Lehman Brothers went under owing an eye watering $613 billion.

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