United States:
5 Questions To Ask Client Before Proposing A Litigation AFA
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An alternative fee arrangement is frequently required as part of
a law firm's response to a client's request for proposals
to handle new litigation matters. In-house attorneys routinely
receive, review and compare such proposals, and nearly all law
firms regularly submit them, but the parties often do not follow a
disciplined approach in developing a realistic budget. The risks to
clients of retaining outside counsel subject to a poorly
constructed AFA are very real, while outside counsel have their own
set of considerations regarding whether to submit a proposal. To
help ensure that the interests and goals of outside counsel and
their clients are properly aligned throughout a litigation matter
—and stay that way —it is crucial that AFA proposals be
intentional in their construction.
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Originally published by Law360.
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