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 2026

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

Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
Head of IP, Andrew Brennan, and new partner, France Delord, explain how tech provides an edge in the battle for global brand owners’ business
Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
The combination between Ashurst and Perkins Coie, which will create a $2.8 billion law firm, is expected to close in Q3
While Sipara will continue operating under its existing name and leadership for now, both firms plan to present a united front at the INTA Annual Meeting in London
Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
Gift this article