Alternative fee arrangements are out of the bag by now. They are being tried and used by insurers as part of ongoing efforts to bring cost-certainty to outside legal fees. Badfaithadvisor.com has a complete survey of alternative fee options here.
But that is not the end of the leverage in favor of insurers and corporate clients. And to that end, I am going to let you all in on a very big secret. Not only that, I am going to invite — no — I’m going to dare, you to take advantage of it, and here it is: I would rather my clients and prospects talk to me for free about matters of concern to them , than to let them talk to any of my competitors. Under any terms.
And so, the free initial consultation, long a staple of the plaintiff’s bar, has been co-opted and re-purposed for my insurance company and other corporate clients.
Insurance and corporate clients, and prospective clients who are interested in testing the waters, are given free initial consultations of anywhere from 30 minutes to 2 hours (and sometimes more) to review documents, and to discuss cases they are considering assigning to outside counsel. But I offer the same thing to the same clients and the same prospects who are actually looking to AVOID sending a matter to outside counsel, too. This provides value to them in the form of an informal first or second opinion which will give them early clarity on a matter, and peace of mind on potential action plans for handling those claims or matters.
The free initial document review / consultation is a win – win for clients and prospects. If they do decide to retain me, on either en alternative or conventional fee basis, they have familiarized me with the matter they will be assigning and brought me up to speed at no cost to them, thereby reducing their overall legal expense on the matter. If they decide to keep the matter in-house, they have received the value of an outside look for free, and I have hopefully created good will my clients will remember when the next matter comes up for consideration.
There are and will always be major coverage matters and bet-the-company litigation which insurers and corporate clients on which clients will seek outside representation. Free initial consultations on both these matters and matters which clients never assign to outside counsel is another way to provide value to clients in business environments encouraging the limitation and reduction of outside legal expense.