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Why Value-Based Pricing Is Here To Stay – Above the Law

As
we
step
into
2025,
the
legal
operations
landscape
continues
a
transformation
anchored
by
a
simple
question:
What
does
value
truly
mean
in
a
legal
department?

As
we’ve
seen
through
our
work
at
UpLevel
Ops
and
Value
Strategies,
the
answer
often
transcends
traditional
cost-control
measures.
Instead,
it
lies
in
fostering
a
change
management
culture
that
prioritizes
efficiency,
transparency,
and
alignment
between
legal
departments
and
their
partners. 


The
Rise
(and
Necessity)
of
Value-Based
Pricing 

Many
legal
departments
are
abandoning
the
billable
hour
in
favor
of
Value-Based
Pricing
(VBP)
fee
arrangements,
a
model
designed
to
align
fees
with
actual
deliverables
and
results
instead
of
hours
spent.
Why?
Everyone
agrees
that
the
billable
hour
incentivizes
inefficiency
and
misalignment.
VBP
flips
this
dynamic,
creating
partnerships
by
aligning
incentives
between
the
client
and
the
firm. 

VBP
is
not
considered
an
alternative
fee
arrangement;
instead,
it
is
an
entirely
different
methodology
for
pricing
legal
matters.
Legal
departments
that
have
converted
to
VBP
report
significant
reduction
in
outside
counsel
spend
(20%

50%),
improved
budget
predictability,
and
reduced
administrative
costs.

The
significant
reductions
in
outside
counsel
spend
come
from
a
process
that
requires
the
firm
to
be
more
efficient
in
delivering
legal
services,
and
the
client
benefits
from
that
efficiency
gain.
Administrative
savings
come
from
the
elimination
of
invoice
reviews
and
accruals
processes. In
addition,
VBP
enhances
collaboration
and
communication
between
in-house
teams
and
outside
counsel. 


Change
Management:
The
True
Catalyst
for
Success 

Internal
change
management
is
key
to
rolling
out
a
VBP
program.
As
with
most
program
implementations
in
a
legal
ops
environment,
getting
the
internal
team
to
do
something
different
can
sometimes
be
a
big
lift.
Having
buy-in
from
the
executive
team
can
be
very
helpful
in
motivating
the
team
to
move
forward.

Another
useful
method
is
piloting
a
smaller
practice
area,
especially
with
a
practice
area
manager
open
to
new
ideas
and
trying
new
processes.
After
a
successful
pilot,
that
manager
could
evangelize
the
benefits
of
VBP
to
the
rest
of
the
department.

Another
way
to
incentivize
internal
team
members
to
implement
VBP
is
to
explain
how
the
program
will
benefit
them
personally.
These
benefits
include
the
elimination
of
invoice
reviews
and
the
accruals
process.


How
Do
You
Determine
the
Value-Based
Fee?

Actual
pricing
under
the
VBP
model
is
derived
from
five
components:
matter
type,
matter
value,
jurisdiction,
type
of
firm,
and
risk-sharing. 


  • Firm
    and
    Matter
    Type


    A
    definition
    of
    matter
    type
    and
    firm
    type
    begins
    with
    understanding
    Value
    Price
    Points
    (VPP).
    This
    can
    be
    thought
    of
    on
    a
    relative
    scale
    as
    there
    are
    types
    of
    matters
    and
    certain
    types
    of
    tasks
    that
    have
    a
    lower
    VPP
    than
    others.
    These
    VPP
    (or
    market)
    differentials
    can
    be
    due
    to
    many
    factors,
    including
    the
    complexity
    of
    the
    work,
    commonality
    of
    the
    work,
    the
    number
    of
    skilled
    practitioners
    available,
    and
    the
    “perceived”
    value
    of
    the
    work.
    Understanding
    VPPs
    for
    different
    matter
    types
    and
    tasks
    is
    helpful
    in
    setting
    pricing
    and
    assigning
    the
    proper
    resources
    to
    do
    the
    work
    (partner,
    associate,
    paralegal,
    etc.).

    This
    concept
    of
    VPP
    also
    applies
    to
    firm
    types.
    Different
    firms
    have
    different
    VPPs
    based
    on
    size,
    brand,
    reputation,
    matter
    breadth,
    client
    list,
    geography,
    overhead
    structure,
    etc.
    It
    is
    important
    to
    match
    the
    VPP
    of
    the
    matter
    with
    the
    VPP
    of
    the
    firm
    that
    will
    do
    the
    work.


  • Matter
    Value


    One
    of
    the
    key
    components
    to
    creating
    a
    value-based
    price
    is
    to
    perform
    a
    Matter
    Value
    Estimation
    (MVE).
    There
    are
    three
    types
    of
    value:
    economic,
    perceived,
    and
    strategic.
    An
    MVE
    begins
    with
    an
    economic
    value
    estimation.
    This
    is
    typically
    the
    actual
    economic
    value
    of
    the
    matter.
    Perceived
    value
    is
    the
    economic
    value
    of
    the
    matter
    adjusted
    to
    the
    perceived
    value
    of
    the
    client.
    Typically,
    in
    litigation,
    it
    is
    significantly
    less
    than
    the
    economic
    value.
    For
    a
    transaction,
    it
    may
    or
    may
    not
    be
    the
    same
    as
    the
    economic
    value. 

    The
    final
    step
    in
    an
    MVE
    is
    the
    determination
    of
    the
    strategic
    value.
    In
    litigation,
    this
    is
    the
    financial
    impact
    on
    the
    corporation
    of
    losing
    the
    case
    and
    the
    economic
    impact
    of
    potential
    future
    litigation
    or
    brand
    impact.
    For
    a
    transaction,
    this
    includes
    the
    financial
    impact
    on
    the
    corporation
    if
    the
    deal
    does
    not
    go
    through.


  • Jurisdiction


    This
    factor
    considers
    the
    court
    and
    the
    geography
    in
    which
    the
    matter
    is
    adjudicated.

  • Risk-Sharing


    Pricing
    structures
    can
    incentivize
    risk-sharing
    by
    law
    firms
    and
    drive
    toward
    the
    client’s
    goal
    of
    paying
    more
    for
    results
    and
    less
    for
    effort.
    This
    alignment
    of
    incentives
    between
    the
    client
    and
    firm
    provides
    better
    value
    for
    the
    client
    and
    allows
    a
    law
    firm
    to
    earn
    a
    premium
    for
    outstanding
    results. 


What
Types
of
Fee
Structures
and
Price
Metrics
Are
Used
in
VBP?

In
the
application
of
value-based
fee
arrangements,
there
are
numerous
structures
and
metrics
are
used
to
create
the
actual
fees.
Below
are
a
few
basic
structures.
More
complex
arrangements
are
hybrids
of
multiple
structures.


  • Task-based


    This
    structure
    is
    usually
    a
    fixed
    fee
    for
    a
    specific
    task
    and
    is
    often
    seen
    in
    patent
    prosecution
    or
    immigration
    law.
    An
    example
    is
    a
    fixed
    fee
    for
    completing
    and
    filing
    a
    utility
    patent
    or
    H1B
    visa.

  • Tier
    or
    category-based


    Some
    legal
    work
    can
    be
    divided
    into
    value
    tiers,
    and
    often
    a
    fixed
    fee
    is
    assigned
    to
    each
    tier
    or
    category.

  • Scope-based


    For
    legal
    work
    that
    is
    project-based
    with
    specific
    deliverables
    or
    has
    a
    defined
    scope
    of
    work
    delivered
    consistently
    over
    a
    period
    of
    time,
    a
    fixed
    fee
    would
    be
    defined. 

  • Unit-price
    metrics


    Different
    price
    metrics
    should
    be
    considered
    in
    each
    engagement.
    Under
    the
    traditional
    hourly
    rate
    model,
    the
    unit
    price
    metric
    is
    dollars
    per
    hour.
    Since
    hours
    worked
    is
    not
    synonymous
    with
    value
    delivered,
    consider
    other
    value-centric
    metrics
    such
    as
    dollars
    per
    document,
    dollars
    per
    deposition,
    or
    dollars
    per
    motion.
    There
    are
    an
    unlimited
    number
    of
    ways
    to
    modify
    the
    metric
    based
    on
    different
    types
    of
    matters,
    goals,
    and
    outcomes. 


Summary

Benefits
of
Value-Based
pricing

Many
corporate
legal
departments
are
beginning
to
realize
that
the
current
hourly
billing
model
is
unsustainable.
With
billing
rates
for
some
firms
topping
$2500
per
hour,
the
question
becomes,
“Where
does
this
end?”
In-house
attorneys
want
to
move
off
of
the
billable
hour
model
but
don’t
know
how
to
accomplish
it
or
how
to
evaluate
if
an
alternative
fee
is
right
for
them.
VBP
is
fast
becoming
the
new
standard
for
clients
to
focus
on
the
value
received
in
legal
services,
not
the
effort
expended.

With
AI
dramatically
reducing
the
time
required
for
legal
tasks,
law
firms
will
need
to
shift
their
revenue
model
from
hours
burned
to
actual
value
delivered.
Over
the
next
few
years,
this
transformation
will
accelerate,
making
value-based
pricing
not
just
an
option—but
a
necessity.

Fortunately,
this
methodology
applies
across
all
legal
matters
and
practice
areas.
It
gives
legal
departments
the
budget
predictability
they
need
while
significantly
reducing
total
legal
spend
and
increasing
in-house
productivity.
It
can
also
be
used
to
build
new
partnerships
between
firms
and
clients
that
are
based
on
value
delivered
and
client
success.

Like
the
other
top-tier
professional
services
industries
that
converted
to
this
methodology
over
20
years
ago,
VBP
is
the
future
of
legal
services.
The
change
will
most
likely
not
come
from
the
law
firms
but
from
clients
beginning
to
demand
results-based
compensation
models. 




Stephanie Corey is
a
co-founder
and
CEO
of
UpLevel
Ops. Stephanie also
co-founded
LINK
(Legal
Innovators
Network),
a
legal
operations
organization
exclusively
for
experienced,
in-house
professionals.
She
previously
founded
the
legal
operations
trade
organization
CLOC
(Corporate
Legal
Operations
Consortium)
and
is
a
former
executive
member.
Please
feel
free
to contact
and
connect
with
her
on
LinkedIn
.


Ken
Callander
specializes
in
helping
corporate
legal
departments
optimize
their
outside
counsel
relationships,
ensuring
greater
value,
efficiency,
and
budget
predictability.
As
part
of
the
Advisory
Team
at
UpLevel
Ops,
he
partners
with
legal
teams
to
implement
strategic
outside
counsel
management
programs,
including
transitioning
from
hourly
billing
to
value-
based
fee
arrangements.
His
clients
span
industries
such
as
technology,
healthcare,
construction,
the
sharing
economy,
private
equity,
and
multinational
conglomerates.


Please
feel
free
to

contact
or
connect
with
him
on
LinkedIn.