Biglaw attorney reengineering the defense of mass tort claims

Could unbundling legal services be the new reality for the practice of mass torts law?

September 20, 2017 By Kevin O'Keefe
Above the Law

Twenty years ago, I terminated my firm’s Westlaw subscription and outsourced our legal research. How so? Law clerks attending law school whom I met on AOL message boards.

A clerk did the research, using free Westlaw, drafted a motion, memorandum or brief, forwarded it to my assistant to be put on a case caption and reviewed by my associate.

In a contingency fee case, a big savings of time for us. My associate could work on more valuable things. On hourly work, clients got a bill for a clerk’s time at $40 an hour while we paid them $15 an hour. Clients loved the savings and the innovation.

Without the Internet and a willingness to be different, none of that would have been possible.

Now I hear that a friend of mine, Attorney Steve Embry is doing a little bit of the same — except on a much larger scale that is likely to have a lasting effect on large law.

For years, law firms have defended mass torts the same way. Put an experienced mass torts lawyer on the case to lead strategy and execution and have legions of younger lawyers and in house staff do most of the work.

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