Alternative Fees Meet Web 2.0: 
How to Cut Law Firm Cost and Make Clients Happy

Jason Mark Anderman
President, WhichDraft.com
jason@whichdraft.com
twitter.com/JasonAnderman
973.457.1186
KEY TOPICS
Subterfuge Role Play
Alternative Fee Incentives
Knowledge Management
Process Improvement
Technology
Billing: Better Lawyers, Better Clients
ALTERNATIVE FEE INCENTIVES
Per Service Fee
Flat Fee
Flat Fee, Milestones & Payment Schedule
Flat Fee, Milestones, Payment Schedule and Termination Fee
Hourly Rate
Guaranteed Maximum Fee
Guaranteed Maximum Fee + Law Firm Protection Thresholds
Guaranteed Maximum Fee + Law Firm Efficiency Bonus



KNOWLEDGE MANAGEMENT
Templates Composed of Alt. Provisions
Every Deal/Document/Research Is an Opportunity for KM
Pick What You Do the Most, & KM It to Boost Productivity Fast
Chameleon Agreement

The Chameleon Agreement
Affordable - Nothing to Buy
Easy to Use - Just Delete
Be Like Michelangelo - Chip Away to Find the Sculpture of a Contract
WhichDraft.com
Search By KeyWord Type "Law Firm"
Agreement Will Come Right Up
KM Example - Term & Termination

Term.  The term of this Agreement (together with any renewals, the “Term”) begins on the Effective Date and expires [on [__]] [one (1) year later].  

[Option 1 – No Automatic Renewal] Any renewal term must be mutually agreed to by the parties in writing.  

[Option 2 – Automatically Renewing Term]  Immediately upon expiration this Agreement automatically renews on the same terms and conditions for additional successive periods of one (1) year on each anniversary of the Effective Date, unless either party gives the other party notice that the Agreement does not renew at least [30] [60] [90] days before the end of the then applicable term.
Termination for Breach.  If either party breaches any provision contained in this Agreement, and the breach is not cured within [30] [60] [90]  days after the breaching party receives notice of the breach from the non-breaching party, the non-breaching party may then deliver a second notice to the breaching party immediately terminating this Agreement.  

[If Customer terminates the Agreement under this section, Vendor is not entitled to any compensation for Services or Deliverables not provided as of the date of Customer’s initial notice of breach.]
[Termination for Convenience.  This Agreement may be terminated without cause at BD’s convenience for any reason or no reason, effective upon [30] [60] [90]  days prior written notice to Vendor.]

Process Improvement
Think of everything you do as a series of steps
How can you eliminate/improve each step?
KM                                Process
2 Sides of the Productivity Coin
Like Flying a Plane
TECHNOLOGY
Free Contracts/Creation     
WhichDraft.com    
First Draft 

Free Sample Contracts    
JDSupra    
ScribD - Contracts    
DocStoc - Contracts

Social Media    
Legal OnRamp 

Premium Contracts    
MyLawyer (this is an impressive site, contracts and legal service integrated in one package with a flat fee; only offered in the UK)
Direct Law  
Practical Law Company (tremendous resource for contract knowledge management)

Premium Matter Management    
Mumboe (great Software as a Service (SasS) matter management premium site)

Premium Confidentiality Agreement Tools    
BaselineNDA (Pretty amazing application, with some limitations, it can read and mark up a confidentiality agreement for you)

Digital Signatures
DocuSign
EchoSign