Get ready for alternative fee arrangements

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Get ready for alternative fee arrangements

INTA alternative fee

Private practice lawyers and their clients can find ways to make alternative fee arrangements a win-win, said panelists at yesterday’s INTA Annual Meeting session, Show Me the Money: Creating Alternative Fee Arrangements That Provide Value.

INTA alternative fee

Clients and outside counsel are increasingly discussing alternative fee arrangements (AFAs) such as contingency fees, flat and fixed fees and banked fees. For clients, the appeal is relatively simple.

Elizabeth R. Pearce of American International Group (AIG) noted that her company’s difficulties during the great recession was a primary driver.

“[The new CEO] wanted to pay back the Federal government and streamline our businesses, and that was going to include the legal group,” she explained. “We had to cut expenses.”

Though cost cutting is often a primary driver for AFAs, other considerations are also at play. Issues such as cost predictability, lowering administrative burdens, risk sharing and pushing for early resolution are also important factors.

“You need to talk to your clients and understand why they’re looking at AFAs because that will help you structure it,” explained Sarah Lockner, Senior Trademark Counsel at 3M. “What I’m looking for may be very different from what my litigation colleagues are looking for.”

more from across site and SHARED ros bottom lb

More from across our site

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article