Reasonableness Of Fees: Two Recent Incisive Legal Intelligence Studies Show Average Billing Rates For Small And Mid-Sized Firms And Internal Costs For In-House Counsel Departments

     Incisive Legal Intelligence has two fairly recent surveys that may be of interest to those of you who follow our blog with respect to national attorney hourly rates and in-house counsel costs. Here you go.

2009 Billings Rates and Practice Survey for Small and Mid-Sized Firms.

     In its 2009 study on billing rates and practices in small and mid-sized firms, Incisive Legal Intelligence has tallied some interesting findings from a sample size of 255 nationwide firms with the largest group having an average of 21-40 lawyers.     

     This is what they found:

          *The majority of firms bill by the hour, regardless of firm size.

          *The average billing rate, nationwide, is $284 per hour.

          *Firms with 2-8 lawyers have an average hourly billing rate of $262, firms with 76-150 lawyers increase to $295 per hour, and firms with over 150 lawyers have an average billable rate of $333.

          *The average billing rate also increases with a lawyer’s number of years in practice, with lawyers in or near major metropolitan areas commanding much higher fees than the averages.

           *By region, average hourly rates break out this way: Northeast — $319; West — $296; South — $276; and Midwest — $264.

           *The Pacific division (California, Oregon, Washington, Hawaii, and Arizona) has higher billing rates with an average hourly billing rate of $319.

           *The practice areas with the highest hourly billing rates are Plaintiffs’ Contingency Litigation ($413), followed by Labor/Employment ($302), General Law ($296), and Real Estate/Land Use ($294).

          *A client can be expect to be charged hourly rates for paralegals and other support staff.

2008 Study on In-House.

     In a 2008 Law Department Metrics Benchmarking Survey of 111 companies, Incisive Legal Intelligence reports that the median internal cost of operating an in-house law department at a large company grew to $381,618 per lawyer, a 10% increase over the previous survey year. Median external expenditures for large companies were up significantly, from $616,519 to $705,270 per lawyer. Corporate law departments participating in the study spent the highest percentage of outside counsel fees on litigation (37%), followed by intellectual property (15%) and then mergers and acquisitions (12%).

     What are the primary criteria for selecting outside counsel? Answers in order of priority: firm specialization; responsiveness; and cost. For those companies evaluating outside counsel, here the the three top evaluation criteria: results; knowledge/experience; cost.

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