The legal profession has been talking about the use of alternative fee arrangements (AFA) for decades. Yet, both law departments and law firms continue to struggle to arrive at mutually acceptable terms when it comes to AFAs. Law departments claim that law firms are not aggressive or creative enough in proposing AFAs. Law firms suggest that law departments are only interested in AFAs in an attempt to lower legal fees.
Perhaps both are correct. And while the difficulty may lie in competing goals and objectives, there are other problems as well.
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