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More In-House Counsel Predict Jump in Litigation, Spurring Lawyer Hiring

Posted Oct 14, 2008, 07:52 am CST
By Debra Cassens Weiss

About a third of in-house counsel responding to a survey are projecting an increase in legal disputes involving their companies for the coming year—and nearly 20 percent predict the need to hire more in-house lawyers to manage the expected increase.

The survey (PDF) of about 360 in-house counsel by the law firm Fulbright & Jaworski found that 31 percent of in-house counsel projected an increase in legal disputes. Only 22 percent predicted an increase last year. A press release summarized the survey and a second press release contained survey highlights.

Among in-house counsel who work for companies with more than $1 billion in revenue, 43 percent predicted an increase in new filings, compared to 34 percent who foresaw an increase last year. The numbers were even higher for financial services businesses—half of their in-house counsel projected an increase in legal disputes.

Reasons given for the projected increase included turmoil in the credit markets and subprime related litigation. Another respondent said the bad economy affects even employment litigation. “Trend analysis demonstrates that as the economy worsens, lawsuits rise. Given that, we expect to see an increase in the number of employment and business litigation matters,” the respondent said.

Seventeen percent of in-house counsel said they were likely to beef up their in-house litigation staffs as they prepare for more suits. Only 3 percent expected their number of in-house litigators to decrease. The prediction is counter to the recent trend of cutting back on in-house litigation expenses. Indeed, the survey had found a decline year-over-year in the size of in-house legal departments managing litigation.

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Comments

  1. Posted by Tom A. Kosakowski - 1 month, 1 week, 2 days, 9 hours, 51 minutes ago

    Does this mean that there will be a corresponding increase in hiring organizational ombuds, mediators, grievance officers, and other ADR professionals?  Probably not in the short term.  Yet attorneys predicting an increase in legal disputes have an ethical obligation to advise their clients to implement measure other than simply beefing up litigation staff.

  2. Posted by Ellen Barshevsky - 1 month, 6 days, 14 hours, 38 minutes ago

    Comment removed by moderator.

  3. Posted by ellen is well informed - 1 month, 6 days, 13 hours, 35 minutes ago

    ellen b., you are missing the point: the senator (who is independent) was suing god on behalf of his constituency for all the floods, hurricanes, famine, etc. that exist.

  4. Posted by Al Tidom - 1 month, 6 days, 12 hours, 42 minutes ago

    We want to know what Ellen Barshevsky said.  Why did the moderator remove Barshevsky’s post?  Please return Barshevsky’s comments so that we can read it.  Barshevsky’s comments are probably more interesting than the article, even if as #3 says, she is missing the point.

  5. Posted by Jimbo! - 1 month, 6 days, 8 hours, 9 minutes ago

    Moderator:  Please return Ellen’s comments.  She is an attorney that needs to be heard.

  6. Posted by Visjay - 1 month, 6 days, 7 hours, 52 minutes ago

    I second (or third) the Ellen B. motion.  We would like to see what Ellen B. says so that we can all be better informed this weekend on the important issues of the day.

  7. Posted by genericlawyer - 1 month, 6 days, 2 hours, 16 minutes ago

    I ask that you please overrule the motions made in regard to reposting Ellen Barshevsky’s comment.  Her comments are best removed as her only purpose is to be a troll.

  8. Posted by genericlawyer - 1 month, 6 days, 2 hours, 16 minutes ago

    I ask that you please overrule the motions made in regard to reposting Ellen Barshevsky’s comment.  Her comments are best removed as her only purpose is to be a troll.

  9. Posted by stop being a police state - 1 month, 5 days, 10 hours, 22 minutes ago

    no free speech here, ey?

  10. Posted by mikeindc - 1 month, 5 days, 7 hours, 54 minutes ago

    For those requesting that Ellen B’s comment be reposted, look at her incomprehensible (in terms of literary purpose) comment from the story about BigLaw and GPAs.  I imagine that may shed some light, even if I never saw the comment in question for this in-house counsel story.

  11. Posted by Supremacy Claus - 1 month, 4 days, 33 minutes ago

    The lawyer caused the financial crisis by bullying banks into loans in crack neighborhoods. Left wing thugs came into banks to bust up the place. Now the lawyer is investigating the lenders.

    The sole purpose of this pretextual enterprise is apparent, lawyer rent seeking.

  12. Posted by BB - 1 month, 2 days, 6 hours ago

    More important THAN what Ellen B’s thoughts were, what DID HER boyfriend think?


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