Alternative fee arrangements, or AFAs, continue to remain elusive for many law departments. Requesting fee discounts is still the preferred means for controlling outside legal spend among most corporate law departments. Other AFA types such as the flat fees, capped fees or success fees are less common.

The challenges surrounding alternative fee arrangements include determining the best type of arrangement for the matter, knowing how to price the work, ensuring that the firms continue to provide excellent service, and evaluating and comparing the price and work once the matter has been completed. Setting up AFAs that benefit the law department and its law firm partners is an art and science.

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