In recent weeks there has been much discussion on the blogs and listserves about the relative merits of the hourly billing model, and the fixed fee/value pricing model. I’ve made it clear on this blog (and most recently in this free article on pricing) that I advocate a fixed fee model (and use it exclusively in my own law practice and in my consulting company).

I recently came across this wise post by the wise Carolyn Elefant (one of my favorite bloggers). In it she discusses the often overlooked fact that when it comes down to the conflicting interests between client and lawyer, often the individual lawyer’s character may trump the billing model they choose to employ in deciding how that conflict is resolved. For all the benefits of the fixed fee model, in the end you can’t “scheme away” these potential conflicting interests. We are, after all, individual lawyers making individual choices about how we conduct ourselves and represent our clients. No pricing model can change that.

Thanks for the reminder Carolyn.