Sorry I Had Writer's Block

I have been a bit delinquent in my blogs because I had writer’s block, but not the ordinary kind. Mine had very distinct causes - the installation of a new HVAC system and re-decking and re-roofing my garage. I may be a lawyer, but I still have some useful skills.

As you know, I have been promoting the idea that the legal educational paradigm needs to be radically changed and there are some, such as David Van Zandt, the Dean of Northwestern Law School, who have been making real efforts at change.

This last week I attended a North Eastern Ohio Chapter ACCA Program and heard David Galbenski and his colleagues explain how Entrepreneurship is going to dramatically change the legal profession. David is the CEO of Lumen Legal and in addition to sharing ideas David gave me a copy of his book, UNBOUND, and asked for my comments. In the next few blogs I will share some of my reactions with you as well.

David discusses seven trends which he identifies as transformation factors for the legal services industry. Number one is the demise of the pivotal role of the billable hour. Although I agree that something transformational does appear to be changing the legal services industry, I do not think the billable hour has a pivotal role to play. As I suggested in my blogs on the billable hour and alternative billing, the billable hour is predicated on a basic need of the buyer of legal services. Change the need of the buyer of legal services and the billable need not diminish or disappear; it merely becomes irrelevant to determining fees.

As many of you know, my claim to fame during my active days of practice was doing the work myself, including arguing before the United States Supreme Court. I had little need for billing arrangements and retention letters. Lawyers who worked for me got specific assignments and the key to whether they got the assignment was whether they could do it faster and cheaper than I could.