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11 June 2015 / Ben Summerfield , Kirsty O'Connor
Issue: 7656 / Categories: Features , Profession , Costs
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Will the alternative become the norm? (Pt 2)

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Ben Summerfield & Kirsty O’Connor return to explore why the legal profession has been reluctant to embrace alternative fee arrangements

In our previous article, we reviewed the main alternative means of paying for, or financing, litigation costs following the Jackson reforms (“Will the alternative become the norm?”, NLJ, 15 May 2015, pp 19-20). We suggested that there are still a significant number of practitioners largely unaware of the options available, and who still think of fee arrangements as nothing other than a discussion about the actual hourly rate charged.

In this article, we explore some of the opportunities and challenges presented to lawyers and clients by alternative fee structures and ask whether they do, in reality, pose a threat to the traditional hourly rate.

Fixed/capped fees

Fixed fees, frequently set by reference to the stage of the proceedings, can be attractive to clients who are able to absorb the cash flow demands of litigation,

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
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Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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