Attorney Fees
At White & Case, Top Lawyers Bill as Much as $1,260 an Hour
Posted Dec 8, 2008 8:35 AM CST
By Debra Cassens Weiss
Nearly 71 percent of large law firms surveyed hiked billing rates this year, with one firm charging rates of more than $1,200 an hour. The average partner rate, however, was considerably lower at $451 an hour at all law firms surveyed.
White & Case reported the highest billing rate—$1,260 an hour—for its top lawyers, the National Law Journal reports. Next highest were rates charged by Dorsey & Whitney, which bills $1,180 an hour for two of its international tax lawyers. The NLJ surveyed the nation’s top 250 law firms and received two years of rate information from 109 of them.
The average partner rate was $747 an hour at White & Case and $505 at Dorsey & Whitney. Rates for associates at White & Case were an average of $456 an hour, but reached as high as $920 an hour. At Dorsey & Whitney, associate rates averaged $301 an hour, but went as high as $820 an hour.
Law firms responding to the survey increased billing rates for both partners and associates by an average 4.3 percent this year, compared to an average hike last year of 7.7 percent, the story says.
More than half the law firms providing billing information said they also used different billing methods such as flat or discounted fees and blended hourly rates.
White & Case gave the National Law Journal a statement saying the high end of its billing rates was "representative of only two potential billing scenarios for clients" and "[did] not take into account a number of key factors, including blended rates and rates negotiated with specific clients."

Comments
B. McLeod
Dec 8, 2008 9:02 AM CST
How funny. It’s like a lawyer joke, only they’re really doing it! At $21 a minute, you wouldn’t want to talk to one of these people at a party or a bar function. If you aks them where the restroom is, you’ll probably get a bill in the mail for $127.05, for the 3 seconds it took them to answer the question, plus the six minutes it took to record and submit the charge through their billing department.
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raping clients
Dec 8, 2008 10:34 AM CST
Corporate in house lawyers and CEO’s. If you are sick of paying these Big Law firm rates, use a small firm. How can you justify being raped by Big Law to your shareholders?
20 year partners at 10 person business law firms average $300 an hour. I have never paid over $500 an hour for any lawyer. Never will.
To the managment of these companies, how can you justify to your shareholders paying White & Case $1,260 an hour when you can get the same service for $350 an hour by using a small midwest firm, a southeast firm etc?
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Ex Big Firm Guy
Dec 8, 2008 2:19 PM CST
As a former big firm lawyer and current consumer of legal services (when I have to), I agree that these rates seem crazy, and in many cases the other posters may be right - there is a lot of work that could instead be sent to smaller firms that cost a lot less, without any drop in quality. However, I worked on a whole lot of deals that NO small firm could ever handle. No disrespect to their legal acumen - in fact, I have worked with some truly first-rate small firm lawyers who could work circles around some of the lazy pompous windbags at the big firms - but sometimes you simply need an army of bodies to get a deal done. Clients should be smarter - like sending the small work to small firms. But god help the large company that thinks it can save a few bucks on a large transaction by sending it to a small firm.
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Tim
Dec 9, 2008 8:55 AM CST
I have worked in a small firm with under 10 lawyers. We handle numerous 100,000 million + transactions going on at the same time with opposing counsel being a top 20 firm in size of numbers.
There are less and less cases that require a big firm.
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B. McLeod
Dec 9, 2008 10:00 AM CST
“Opposing counsel”? These must have been interesting projects. I wonder who “won” the transactions.
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Jason
Dec 9, 2008 2:10 PM CST
Isn’t counsel on the opposite side of every transaction technically “opposing counsel” even if it isn’t litigation? You aren’t working for the same goal.
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Adam at BigLaw
Dec 11, 2008 4:11 PM CST
I’m sorry, but I can’t agree that “the same service for $350 an hour by using a small midwest firm” is generally even applicable. Primarily, a small midwest firm will typically not be involved in a deal of the type in which White & Case is typically involved. Merely picking ONE example:
White & Case lawyers completed a market-leading trio of deals worth $13 billion in 24 hours over June 16 and 17, 2008. The string of headline-grabbing deals, which involved more than 100 lawyers from London, Moscow, Tokyo, Washington DC, Istanbul and Ankara offices, are all individually significant in terms of their size and importance.
In the first of the three transactions, White & Case advised on the $5.3 billion project financing for the $20 billion Sakhalin LNG project – a deal that set a string of firsts. The deal represents the world’s largest limited recourse oil and gas financing, as well as Russia’s largest-ever foreign investment and project financing. The project off Russia’s Pacific Coast includes an integrated oil and gas production project comprising three offshore platforms, onshore processing facilities, two 800km pipelines, an oil export terminal and a two train LNG production facility. This deal, which involved a significant number of partners and associates, was almost five years in the making.
With the ink barely dry on the many Sakhalin agreements, a team of project finance lawyers was also signing up a major project financing for the development of a 1.9GW power portfolio in Turkey. The initial €1 billion ($1.57 billion) financing will allow for the expansion of EnerjiSA’s hydro-electric and thermal power plants.
On the same day, a team of more than 30 lawyers were signing the largest private equity deal in the world this year as White & Case advised Angel Trains, a leading provider of railway rolling stock in both the UK and Continental Europe, on its sale by Royal Bank of Scotland to a consortium of investors for £3.6 billion ($7.1 billion).
A midwestern law firm will not be handling this. In fact, a decently-sized NY or multi-office firm will not be handling this. White & Case has 2300+ attorneys - not all bill at $1200/hr. Moreover, when a company is engaged in a multi-BILLION dollar deal, they want somebody familiar with their particular situation who is an unquestioned expert in this exact matter. If the deal falls through, by non-performance etc., would this large company want to then find ANOTHER firm, big or small, who must then become acclimated with the thousands of documents from the transaction? Of course not. That is again why they need multi-functional firms. White & Case has been named Litigation Team of the Year by The Lawyer. A client, by investing in the prime firms earlier, avoids the possibility of adversarial legal processes; if a suit arises, it will be revolving around billions of dollars, and the attorneys’ fees, in proportion, are not that significant. There’s nothing wrong with small firms in the least, but make sure to remember that there’s nothing wrong with mega-firms either.
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Nancy
Dec 12, 2008 7:01 AM CST
Wow. Did I just read an ad for White & Case? Please keep closing those billion dollar deals with very large teams in very short periods of time. More work for the rest of us when the mistakes arise. I’ve been there (not at W&C) and seen it happen.
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Donald W Parkyn
Dec 12, 2008 7:12 AM CST
After an attorney had been paid for services, I asked for a cite to a case she used. She gave me the cite and responded “no charge” I tehn received a statement for $75 which I questioned. The reason for the charge: “there was no charge for the cite, but we have a minimum billing charge for each billing entry.”
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Frank
Dec 12, 2008 7:45 AM CST
Besides death and taxes, everybody complains about the Electoral College and the billable hour, but nobody seems to do anything about them.
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Solo Practioner in NYC
Dec 12, 2008 8:23 AM CST
I should raise my rates for New York after reading this. Just kidding, I only charge what I am comfortable with and ripping off clients is not my business.
As for Adam at BigLaw, I would be concerned about the empire starting to crumble. A BigLaw firm involved in civil litigation with myself or my colleagues have brought in teams of lawyers and have lost. The intimidation game is cute for hollywood movies, but I have seen no difference in the quality of work from one big firm to another. If you ask me, the more lawyers messing with your briefs is causing more harm and help.
In any case, big corporate clients are always changing their spending habits. Many used to employ in house and that subsided over the years. The billable hour is a joke at $500 an hour or higher. I equate this situation with buying name brand versus generic products at the store. You’ll get the same results, but your wallet will feel better:)
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N
Dec 12, 2008 8:46 AM CST
I revert to the maxim: “you get what you pay for”. However, another maxim (“a fool and his money ...”) keeps chiming in.
Whoever is paying more than $500 per hour for legal counsel should ask for a back-rub as well.
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B. McLeod
Dec 12, 2008 8:47 AM CST
That did look like an ad for White & Case. However, it suggested that when transactions go south (perhaps from being slapped together in three days’ time when they reasonably required a week) this “expert” firm will also gladly elbow its way into litigating the mitigation attempt. Perhaps because other litigation firms, unfamiliar with the resplendent infallibility of White & Case, might waste time examining the transaction to see if there were legal errors by the firm that might have contributed to the problem. I thank the poster for cogently illustrating how having 2300 attorneys does not mean a firm will competently analyze conflicts. I hope the liability carrier for White & Case follows these posts.
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Paul
Dec 12, 2008 8:48 AM CST
I wonder how much the lawyers who drafted the fancy documents for the bloated financing that got us into the current financial crisis charged? I shouldn’t they have to surrender their licenses to practice to make atonement for the current mess?
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overpriced wall street crooks
Dec 12, 2008 8:48 AM CST
Anything more than $500 an hour better come with an escort in NY.
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small town jd
Dec 12, 2008 8:50 AM CST
#14 - interesting question.
Does anyone know if White & Case represented any of the crooked banks on Wall Street?
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Steve
Dec 12, 2008 8:51 AM CST
I would rather pay someone $1200 who knows the issues in my exact problem rather than pay someone $300 an hour to spin their wheels. They MIGHT come to the same conclusion, but if I have a multi-billion dollar deal or company, why would I take that chance?
That is smart economics.
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KPS
Dec 12, 2008 8:58 AM CST
I agree that some deals need numbers of people only a large firm can provide, but does that justify a higher hourly rate? A higher rate should be based on experience or special knowledge, not simply on being able to provide enough people to handle a lot of deals/cases at one time.
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Mike
Dec 12, 2008 9:08 AM CST
I could charge those kind of rates, too. Heck, we all could. However I don’t have clients that would pay them.
The billable hour is like everything else in the economy. It will be set by what someone is willing and able to pay. If White and Case and CC Sabathia have found someone willing to pay an astronomical amount for their services, God bless them!
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B. McLeod
Dec 12, 2008 9:32 AM CST
There was a time when most jurisdictions had in force a “professional responsibility” rule that required fees to be “reasonable.” There even used to be civil and disciplinary cases litigated on that point, and in those days, “reasonable” was not thought to be co-terminous with “whatever the lawyer can extract from a client.” I will have to look around one of these days to see what happened to that rule. Perhaps the large firms had it removed.
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Brian
Dec 12, 2008 10:01 AM CST
Time to adjust my consulting fees.
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Hadley V. Baxendale
Dec 12, 2008 10:02 AM CST
The problem is not the few superstars and their astronimic rates. It’s the junior partners’ and associates’ astronomic rates that are just wrong, and the clients are catching on. You can shear a sheep many times but you can only skin him once.
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Charles W. Skinner
Dec 12, 2008 10:02 AM CST
Just for clarification, the 3 deals that White & Case did above, were COMPLETED within 24 hours of each other, not DONE COMPLETELY in 24 hours. It appears that each deal was a multi-year project, that had sufficient time and attention devoted to it in order to be properly completed.
On routine matters, I concur with most of the comments here, that a billable rate of $300 to $500 is appropriate. However, when you need a particular expert in a field, or a ‘Big Gun’ to ward off the potential challenges, sometimes it is worth the expense of an $1200 / hour expert lawyer with a small army of attorneys standing behind him ready to litigate.
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Bird Smack
Dec 12, 2008 10:13 AM CST
“To the managment of these companies, how can you justify to your shareholders paying White & Case $1,260 an hour when you can get the same service for $350 an hour by using a small midwest firm, a southeast firm etc?”
The answer is simple, if not satisfactory: when a general counsel has a bet-the-company issue, or one with significant impact on the company’s bottom-line, he or she will choose BigLaw because, if the deal or case goes south, he or she can never be accused of choosing incompetent counsel. It doesn’t mean that BigLaw is more competent, it’s simply a CYA for the general counsel. And I’m not being cynical about it, just practical.
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Barry
Dec 12, 2008 10:22 AM CST
Just to make a tangential point that has been raised in this thread, you do not need to go to the midwest to get sophisticated legal counsel billing in the $300-400 range. Many firms in the burbs do it, with many ex-manhatan lawyers from the big firms.
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B. McLeod
Dec 12, 2008 10:34 AM CST
As the solo poster from NYC has pointed out, the “small army of lawyers” fallacy is transparent to experienced litigators. A courtroom is like the pass at Thermopylae. You can send your costly hordes, but only one lawyer at a time will be speaking for each of the parties in interest. A lone litigator who has worked the case up well can prevail against any number of lawyers stacked on by the other side. Staffing a case at four or five times what it really requires may fool the client (and perhaps also transactional lawyers in firm management) into a false sense of security. However, if the goal is related to actually prevailing in the litigation, it cannot be addressed as a simple numbers game.
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J.D.
Dec 12, 2008 10:38 AM CST
I wonder WHAT the Supreme Court is going to say behind closed doors TODAY regarding the next Obama citizenship case?
Probably will have to wait until Monday to hear their decision…
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Andy the Lawyer
Dec 12, 2008 12:14 PM CST
Responding to JD’s way off topic post (# 27)—The USSC will decline certiorari without comment. Little will be said in chambers—perhaps there will be some eye-rolling.
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Terry Kenneally
Dec 12, 2008 1:19 PM CST
As a lawyer who has been practicing for 30 years I am appalled at the content of this story. I have tried almost 400 jury trials (first chair) which is probably more than all the trials the partners combined at this firm have tried. News like this not only sickens me professionally but the hourly rate quoted is enough to make me throw up.
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NObama
Dec 12, 2008 1:31 PM CST
NObama the Kenyan bought the presidency - get over it.
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Bhurtel
Dec 12, 2008 2:15 PM CST
We do not know what kind of issue was involved and what kind of experince and knowledge was required for those work where fee was $ 1260. What kind of risk was involve.
If it was regular work then it might be questionable but if it was higly complex and required extra experince and skill and knowledge then it might have worth it.
Fee should not be based on law firm but it should be based on Laywer.
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John D.
Dec 12, 2008 2:37 PM CST
If there is a lot at stake, a billing rate of $1000+ an hour makes sense—and usualy the people paying such rates are not idiots. The reason why some of you can quite sensibly refuse to pay more than $500, is that you are not dealing with matters that are sufficiently large or complex to warrant such fees. This is just supply and demand, nothing to get worked up about.
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USCLawGrad
Dec 12, 2008 2:49 PM CST
It strikes me that the outlandish hourly rates are often less tied to the quality of the work or ability of the attorney, and more to the level of lavish opulence and hedonistic excess to which the Big Law partners seem to feel entitled. Associates at firms like White and Case are expected to bill more hours per year than there are actual hours in a year in order to finance the shrines these people build to honor themselves. (By the way, does anyone believe that every minute billed by the corps of attorneys on any of those mega-projects discussed above was integral and necessary to the projects, or were they just good ways to fill up the billables on the timesheets?) A $22,000 desk or a reception desk topped with gold-inlaid marble does not make one a better attorney, but it sure increases the overhead. Some of these offices rival Vegas casinos in their glitz and splendor. And, like the casinos, someone has to pay for all that flash. Big Law clients should think more about that when determining whether they actually need to pay $10-20 per minute for their legal services.
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splaw
Dec 12, 2008 3:09 PM CST
I find it hard to accept that any lawyer is worth that much other than in their own mind. This looks like the Wall St. Investment Bankers pulling down astronomical figures a year. It can’t be sustained and is transparently absurd. It makes the profession look worse than greedy——delusional.
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NY is corrupt
Dec 12, 2008 4:39 PM CST
“a billing rate of $1000+ an hour makes sense—and usualy the people paying such rates are not idiots. “
yeah they are - all the GC for these corporations say they use Big Law to cover their ass. Maybe if the chief counsel, the board looked out after the shareholders and actually vetted firms, they could save 50% on their legal bills and wouldn’t have to lay off so many workers.
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B. McLeod
Dec 12, 2008 6:53 PM CST
In a true “bet the company” case, a wise GC does not focus on hiring the most expensive firm for CYA purposes. After all, if the company loses, the GC goes down with the ship. For this reason, a good GC will want a litigation firm that actually has a sense of acting as a fiduciary to the client. The best GCs will conduct a quick selection process to have potential firms discuss how they see the case generally, how they would staff it, and what the overall strategy would be. The GC should already have his or her own view of what is appropriate on all these points, and where various presenters differ markedly from what the GC has foreseen, a little Q&A will shed light on whether the presenter has picked up an issue the GC did not. Ultimately, the GC should recommend for selection the firm that seems to have the best understanding of the case, the best strategic approach, and the most realistic staffing plan.
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It's a free market.
Dec 14, 2008 5:13 PM CST
This is the free market. No one is forcing a company to use an expensive attorney. Michael Jordan earned 20 times the average pro basketball contract. If you are the Tom Cruise, Oprah, or Warren Buffett of your field then $1,200 an hour seems like a bargain. With 2,300 attorneys, I am sure White & Case has 3 or 4 attorneys at the top of the field – that is simply an economy of scale. If clients didn’t think there was some value-added they wouldn’t pay it.
Still, most interestingly the top trial lawyers are for the most part Plaintiff’s attorneys. Why charge $1,000 an hour as a great trial lawyer defense attorney when you can make $30,000 an hour like Willie Gary or $300,000 an hour as in the Tobacco settlement plaintiff attorneys.
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MinM
Dec 15, 2008 4:44 AM CST
As an in-house lawyer in Europe who has responsibility for hiring outside counsel on a variety of issues, I have worked with both small local firms and giant firms like Clifford Chance and Baker & McKenzie. I’ve seen very high quality work from the big and small guys, but for pan-European projects, it often makes more sense for us to go with a bigger firm that is able to provide advice over a variety of geos. But when dealing with BigLaw, just make sure you’re not getting double-billed. I once fired a big law firm because they billed us for the same time spent for both the partner, who simply reviewed the work, and the young associate who actually did the work with the justification that the partner was mentoring the associate and was available at all times to the associate for questions about our matter.
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John Conlon
Dec 17, 2008 10:26 AM CST
As a former consumner of legal services, I am not upset at the amount of the hourly fee. What upset me was paying a huge hourly fee rate and then seeing the time and task padding that goes on. What I observed was that it was more prevalent in the big firms than in the smaller firms. Perhaps one more reason to use a smaller firm.
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Phil Crowley
Dec 17, 2008 2:41 PM CST
Hourly rates galvanize attention for both inside and outside counsel.
But they’re a distraction from the real issues in play. The “old” law firm economic model is dysfunctional. It rewards inefficiency and places the economic interests of the law firm at odds with those of its clients.
I’ve seen things from both sides - first as outside counsel in NYC, now as inside counsel in NJ. Things will progress when we inside counsel get better at working with outside counsel on fixed fees for designated portions of transactions or litigation.
It’s hard to guess what an entire matter will cost - but easier to price the parts. It’s also necessary for inside counsel to take account of law partners’ legitimate economic interests.
But the model of taking in 40 new associates to make 2 partners after 8 years or so is incredibly expensive and inefficient. Look at all that wasted time and investment in people—and the clients have to pay for it.
My suggestion: talk to your clients who are members of the Association of Corporate Counsel. The ACC “value challenge” provides a framework for discussing these issues productively.
Full disclosure: I’m a volunteer for ACC and for its NJ chapter.
But I’m with the kind of company most of you would like to have in your stable of clients. And there are a lot more like me out here.
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