SUMMER 2018 TODAY’S GENER AL COUNSEL
A Pitch for Boutiques BY ANDREW A. DICK
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ig Law has long provided an easy default for the in-house team. With one call or a few clicks, you have access to a buffet of resources, licensed lawyers in multiple states and sometimes countries, and a variety of niche or specialty practices. Plus, there might be the senior partner who invites you to the ball game each year. Few, if any, shareholders or executives would find fault with this scenario. However, in this post-recession era of “do more with less” (and make it predictable), the pressure is on to find alternatives. Focusing on alternative legal service providers (ALSP) is one strategy; but there is another older and more traditional strategy to consider. It’s a strategy that, thanks in part to technology, has become both more sophisticated and more feasible — retaining solo practitioners and boutique firms. The same economic downturn that turned the screws on corporate departments has also altered the legal landscape for big law firms — driving merger activity that created even bigger firms, complete with increasingly difficult conflict-checking and higher billable rates. These dynamics have Andrew A. Dick driven many is the founder and prominent large president of Select firm lawyers to go Counsel, a nationwide network of off on their own, boutique firm ator to team up torneys with Big with small groups Law backgrounds. of colleagues to andrew@select establish boutique counsel.law
firms. These firms, which in many cases have organized themselves into legal networks, can be an ideal alternative to Big Law. One reason seasoned lawyers decide to move to smaller firms is that they believe the boutique model better aligns with clients’ interests. Gone are the pressures to spend 15 hours on a simple contract review, or the frustration of being pigeon-holed into researching an esoteric sidebar issue as a member of a 12-attorney litigation army. In addition, the drive to “leverage” by managing multiple associates across a range of matters is diminished, if not eliminated, in the small firm setting. Small firm and solo lawyers tend to have the luxury of being more hands-on with their clients. They can connect directly with general counsel to pinpoint goals and desired outcomes. They can collaborate in real time to work through challenges or assess options, and to understand and appreciate company dynamics via onsite visits or embedded working situations. Knowing the big picture, these independent lawyers can also execute without filtering this knowledge down to others for follow-through. When general counsel hire a large
firm, the layers often begin to stack up. Even a simple recommendation may require multiple time-consuming reviews, all with the meter running. Leveraging boutique law firms means you are likely getting one or two experienced lawyers who know the ins and outs of the matter at hand, and can offer efficient and effective guidance. Smaller operations also provide flexibility. Want a quick, bulleted email instead of a multi-page memo? Want to speak to the partner on the same day, or even the same hour? No problem for most boutique firm lawyers. Working with solos means general counsel correspond directly with the person or people doing the work, and that can be a decided benefit when keeping a close eye on budgets. While large-firm partners are under intense pressure to generate billable hours by juggling a number of active clients and matters, small firm lawyers have the flexibility to give more attention to fewer projects. And when it comes to administrative functions like billing, engagement letters and conflict checks, their process is relatively painless in comparison to the bureaucracy of a large organization. In most cases, a solo or small firm lawyer is able to concentrate more on protecting your interests and less on the firm’s administration and processes. Specifically, there are a number of scenarios where a single independent continued on page 47
Small firm lawyers have the flexibility to give more attention to fewer projects.