As a counterpoint to the September edition's commentary by Joel A. Rose on tracking of partner contributions, here's a statistics-based line of thought from Jim Cotterman; this article expands on his introduction to Altman-Weil's 2003 Survey of Compensation Systems in Private Law Firms.

Paramount among the many analytic challenges facing Law firm CFOs and their financial staff is accurately forecasting cash. Relying on the law of large numbers, most firms assume that prior averages will hold, so they use history-based, firm-wide performance ratios to obtain cash flow projections.<br>In a growing firm, this simplistic approach has an inherent weakness: over-budgeting revenue. The problem is that not all of this year's growing production will be collected this year.

Last year's November issue of <i>A&amp;FP</i> editorialized against the IRS practice that is corrected, at least prospectively, by this legislation. As noted in that editorial, even the IRS's own Taxpayer Advocate supported such a correction. Passage of the new Act supports the argument that double taxation of contingency fees in such cases had never been the intent of Congress. Employment law and civil rights plaintiffs who previously held back from pursuing modest claims to avoid catastrophic income tax consequences are now free to proceed with such actions.

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The New York Court of Appeals has an opportunity to adopt ' or categorically reject ' the Farrar standard on attorney fees.

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The greatest, and perhaps the most frustrating challenge with which effective leaders of law firms must deal is the approach to follow to provide leadership to their firms. Central to this conflict is whether to lead by consensus or decree. Astute leaders achieve the appropriate balance of building consensus among the partners versus managing as an autocrat.

In early October, Congress passed the American Jobs Creation Act of 2004 (Bill). President Bush is expected to sign it shortly. The Bill includes a number of tax breaks and is primarily directed toward ending export subsidies that were declared illegal in 2002 and that caused the European Union to impose tariffs on certain imports from the U.S. <br>In addition, the Bill includes provisions affecting deferred compensation that have been described as a "sea change" by senior government officials.

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Partners at Gray Cary Ware &amp; Freidenrich and Piper Rudnick voted to merge the two firms in mid-October, creating a firm with close to 1400 lawyers in 20 offices and setting the stage for an even larger combination later this year.

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Some may wonder why a partner in a major law firm is going to tell you how to save money on litigation legal expenses. The answer is simple. My job, first and foremost, is to obtain the best possible result for my clients. In my view (and the view of my colleagues), achieving the best result includes cost efficiency and cost effectiveness. Over the course of 18 years, I have had a front row seat to a wide range of client approaches to managing ' or not managing ' legal fees.