The Canadian Bar Association
Cross-Border

Fee structure important part of complex litigation cases

As cost savings become more important in complex litigation cases, firms must aim to resolve matters more quickly and efficiently than ever before, Toronto cross-border litigator Jon-David Giacomelli says in Canadian Lawyer.

In the article, Giacomelli, partner with Cambridge LLP, refers to a case that his firm landed after an intensive bidding process against another firm. He says he received a referral from a Chicago lawyer regarding a cross-border financial services litigation file, and spent 20 hours going back and forth with a third-party lawyer who was “interviewing” Cambridge and another law firm in Canada on behalf of the company to determine who would get the file.

While Cambridge won the file, the case was settled before it went to trial based on the strategy discussed in the interview process, the article says.

“We ended up resolving that case in negotiations over a two-day meeting. I absolutely didn’t enjoy that process at all but the bottom line is they were up front about that process,” Giacomelli says in Canadian Lawyer. “It could have cost the company a lot of money.”

The situation is an indication of how companies are taking a more aggressive approach to getting litigation matters resolved quickly and for less cost, the article says.

“When I started 20 years ago you didn’t quote anything — you just billed your hourly rate,” Giacomelli says in the article. “In order to compete we’ve tried to be more competitive in fees.”

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