Our guest this week is Kristina Satkunas, Director of Analytic Consulting at LexisNexis. Kristina discusses the recently released LexisNexis CounselLink Enterprise Legal Management Trends Report for 2023. This annual report provides insights and benchmarks on key metrics related to corporate legal spending and outside counsel relationships.
The 2023 report found that law firm hourly rates increased 4.5% over the past year, the highest year-over-year increase in the 10 years LexisNexis has published the report. While rate increases are not surprising, the magnitude is noteworthy. Kris attributes the largest drivers of the increase to economic factors like inflation as well as lower demand for certain types of legal work. However, average blended rates (the rates charged for entire matters rather than individual timekeepers) remained relatively flat. This suggests in-house counsel are mitigating rate hikes by changing the mix of firms, timekeepers, and types of timekeepers working their matters.
The report also found the ongoing trend of consolidation to fewer outside firms continues, with 61% of companies using 10 or fewer firms for 80% of their legal spending. Kristina expects this trend to remain relatively stable but notes there are benefits to using both a smaller number of firms (e.g. better rates, stronger relationships) and a larger number of firms (e.g. subject matter expertise, competitive rates). She recommends companies determine when to use large firms versus smaller or midsize firms based on factors like matter complexity, risk profile, and cost.
Alternative fee arrangements (AFAs) have not gained significant traction according to the report, remaining at about 12% of matters. Kristina is an advocate for wider AFA adoption and believes companies need to ask for and consider AFA proposals, especially for appropriate matters. AFAs can help buffer rising hourly rates. She acknowledges AFAs require effort to evaluate and implement but thinks legal operations teams and outside counsel should work together using data and analytics to develop reasonable AFA proposals.
The report provides new data on international lawyer rates in 22 countries. Rates differ significantly between countries based on factors like a country's economy, political stability, and role in global trade and commerce. Many companies are leveraging international firms for regulatory, litigation, IP, and other legal needs outside the U.S. Benchmark data on rates in different countries provides helpful context, especially when engaging firms in new countries.
Kristina sees two significant changes on the horizon:
When asked what metric in-house and outside counsel should focus on, Kristina recommends using available data, whether from the survey or a company's own systems. Data is a "two-way street" that should be shared collaboratively to improve decision making.
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Transcript
The Who, What, and Why of #LegalTech with Kristin Hodgins and Jason Wilson
The Boston Legal Design Challenge Update - Jeff Marple, Bob Taylor, and Aubrie Souza
Tracy LaLonde and The Joychiever Journey
Consumer Arbitration Made Easier with FairShake's Teel Lidow
Spotting Bias and Politicization of Local News Sources - Loyd Auerbach and Dave Boitano
Helping Startups Get Their Start - Dr. Jacqueline Walsh
Stephen Embry - The Future of the Law Office Won't Need Everyone to be in the Office
Douglas Ferguson on Doing the Work in the Meeting
Richard Hsu on Why Law Firms Will Need Lawyers to Return to the Office
Using Data Analytics to Tell Your Story with RStudio's Sarah Lin
The Boston Legal Design Challenge with Jeff Marple, Robert Taylor, and Gabriel Teninbaum
Olga Mack on Valuing Your Skills, Reputation, and Determination
Phil Flora on Leopard Solution’s New Gender and Ethnic Diversity Tool
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Williams Lea CEO, Clare Hart on Letting Lawyers Do What They Do Best… Practice Law
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The Law Firm Antiracism Alliance - Brenna DeVaney
Law Firm Culture and Marketing, and How to Market Law Firm Culture - Barbara Malin and Jennifer Johnson
#Barpocalypse - Cat Moon, Brian L. Frye, Stefanie Mundhenk
Yes, And… A Return to KM 101 - Eugene Cipparone
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