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The Contract Certainty Blog

The Contract Certainty Blog

Wanted: Guest Authors on Document Assembly and more

In the coming months, you're going to see posts on this blog from some "new" authors and hopefully, welcome back some old ones. We took a look around the company and realized that we have a lot of experts with varied areas of specialty within Exari.

The billable hour debate rages on

A recent General Counsel Roundtable (GCR) analysis found that the best ways to control external legal spend are (in order of effectiveness):

  • Fixed fees (a set fee "for all work in a given subject area for a period of time")
  • Risk sharing (bonuses/holdback for successful/unsuccesful matter completion)
  • Flat fees (a set fee for a particular matter)

How to gain competitive advantage from your sales contracting process

Sales contracting is an example of a cross-functional business process; one that involves multiple departments, often in different business units with conflicting agendas (and separate budgets). Sales will do whatever it takes to close the deal by the end of the quarter. Pricing's sole focus is on profit margin. And Legal needs to avoid risk. Meanwhile, no one's responsible for the end-to-end process.

Three reasons to have a post [Software] implementation project

I recently read a post on TechRepublic by Jay Rollins which said that within six months to one year after an initial software implementation project is complete, there is always a need for a second project to address opportunities that arise from the original implementation.

I agree with Jay that a post implementation project is an excellent process by which to find additional opportunities not covered in the original implementation. For our document assembly clients, we find that they benefit from added value uncovered during this process.

Document Assembly Solution: How to Decide Build Vs. Buy?

OK, everyone now agrees; your current way of creating documents is broken (too slow; full of errors; impossible to maintain). So, how do you fix the problem? Do you build your own system, or do you buy something off-the-shelf? There are pros and cons of both approaches. But first things first; before you can make a Build-vs-Buy decision, you need to work out your requirements.

The insidious nature of the billable hour

From the You Cannot Be Serious! file:

"LAWYERS face a national crackdown on over-charging that could end the practice of billing clients for sending them Christmas cards and reading thank you notes."

This is the opening sentence in Over-charging by lawyers under scrutiny, an article in The Australian newspaper. Do some lawyers truly charge for these activities? Do they disclose this to their clients?