Overview and Negotiation of Special Fee Structures Reed S. Oslan, P.C., Partner

Terminology Special Fee Arrangements “SFAs”

THE LEGAL FEE PRICING MENU IS EXPANDING THROUGH SFAs

The Special Fee Relationship Remains an Attorney/Client Relationship Risk Sharing Potential for Adversity Written Fee Agreement is a Contract Requires Case-by-Case Up Front Analysis Incentives Matter Goal - Strike Fair Balance of Risk and Reward for Firm and Client

Fixed Fee Pre-determined Fee For Entire Matter(s) – e.g. $1 Million for Defense of Contract Action – Paid Up Front or Over Time – Fee Set by Negotiation Between Client and Law Firm – Scoping and Budgeting Critical

Fixed Fee – Client Perspective Pros – Certainty – Risk Above $1 Million Shifts to Law Firm – Eliminates Budget Killer – Administrative No Need to Track Time or Bills No Need to Supervise Staffing

Fixed Fee – Client Perspective Cons – Might Overpay Versus Hourly Billing – No Economic Alignment to Result – Poor Pricing Could be Problematic

Fixed Fee – Law Firm Perspective Pros – Certainty of Fee – Possibility of Earning a Premium for Efficiency – Addressing Client Concern - Relationship Building – Administrative Benefits Less Client Pressure re: Staffing, Time No Billing

Fixed Fee – Law Firm Perspective Cons – Fixed Fee Is Too Low – Fee Might be too High and Might Damage Client Relationship

Fixed Fee – Strategic Considerations Pair With Result-Oriented Payment for Optimal Alignment Consider Risk/Reward Sharing Make Sure Fee Is Reasonable

Fee Cap Law Firm Bills Hourly Until Hits the Cap - up to $1M Same as Fixed Fee but No Guaranteed Payment No Economic Incentive Below the Cap - for Efficiency No Result-Oriented Alignment Pair with Risk/Reward Sharing

Contingent Fees Law Firm Invests Fee and Payment Is Contingent on Outcome of the Matter Plaintiff and Defense Cases Can be 100% Contingent or Partially Contingent

Contingent Fees – Client Perspective Pros – 100% Fee Risk Shifts to Law Firm – Budget Relief – Law Firm 100% Aligned with Client re: Outcome – No Billing or Staffing Concerns

Contingent Fees – Client Perspective Cons – Fee Could be Well in Excess of Hourly Fee – Law Firm May Require Greater Control Over Strategy

Contingent Fees – Law Firm Perspective Pros – Expand Firm Business by Sharing Risk – Substantial Economic Incentive/Upside – Alignment with Client re: Billing/Staffing

TAKEAWAYS WE ARE IN A PERIOD OF DRAMATIC CHANGE SFAs ARE EMERGING AS NEW MENU ITEMS CLIENTS AND LAW FIRMS SHOULD EMBRACE SFAs, AS THEY ARE HERE TO STAY