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

Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
International law firms have high hopes for their IP practices in Saudi Arabia, with many opening offices, but recruiting and retaining talent in the Kingdom presents unique challenges
Patrick Ogola joins us for our ‘Five minutes with’ series to discuss helping African entrepreneurs on the global stage, and explains why young lawyers should speak up
Heli Pihlajamaa, the EPO’s principal director for patent law and procedures, joins us to take stock of the unitary patent following its second anniversary
Kelly Thompson, chair of South African firm Adams & Adams, discusses self-belief, self-doubt, and the importance of saying yes
The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Partners at Bird & Bird and Taylor Wessing discuss how Saudi Arabia offers unique opportunities for firms dealing in IP and tech
Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
A swathe of UPC-related hires suggests firms are taking the forum seriously, as questions over the transitional stage begin
A win for Nintendo in China and King & Spalding hiring a prominent patent litigator were also among the top talking points
Gift this article