Is your litigation lawyer really working for you? For your best interests? Or is your litigation counsel really working for his/her law firm? Whose interest is paramount – yours, as the client? Or the attorney’s billable hours interest, the law firm’s revenue requirements, partner distributions, etc.? As the business client, have you ever wondered if your big law attorney and law firm see you as nothing more than their annuity, their cash cow, not as their client?
Forget the other issues about your case for the moment; instead, focus on the unaccountabdle, undocumented billable hour fee you are being charged (How do you know that’s how much time it really took to do the legal work? Do you have any checks or balances on your attorney’s billable time? Or do you just have to take their word?) Now really focus again on the overall legal cost of being represented by the big law attorney who is tied to the firm’s productivity (aka BILLABLE) requirements like the slave to the plantation owner.
Think about it – would you invest in a stock or fund where there is no clear limit on how much you have to put in to purchase it, no time frame or schedule for its maturation, no information or delineation about what it will return (could be zero, for all you know), and that before it actually and finally matures, you have to kick in a sudden unexpected bonus amount? I didn’t think so and there is no reason I can think of that litigation should require the business client to invest in “litigation stock” (aka billable fees) that has no stated return or investment value, no set or fixed cost, no known maturation time, or fixed limit on the amount to be contributed to the investment.
Why is it that businesses and business people with litigation matters don’t just demand that attorneys provide a fixed cost for the legal work? There are all sorts of ways that this can be done and it is about time that it happened because the only reason that attorneys won’t fix their fees, limit the fees in some reasonable manner, or even tell a client what it will cost to perform the legal work needed for their case is so that there won’t be any limit at all on how much the attorney and law firm will be able to bill the client and earn on the case. It’s gotten way out of hand and you shouldn’t take it anymore!