Thanks to all who responded to my question about billing back to clients
when firms have flat-rate contracts. Here are the results of my inquiry:
I received 19 responses to my inquiry. In addition, I reviewed some
articles (ironically, found using a Lexis search!), including a roundtable
discussion covered in the April 1995 American Lawyer, which
discussed this matter.
12 responses were from librarians who have a flat-fee arrangement,
who are encouraging their firms to absorb those arrangements as
overhead but who are currently billing back searches to clients.
6 responses were from librarians who either do not charge back Lexis
searches or who reliably reported that other firms did not charge back
Lexis. These firms generally requested not to be named; however, the
American Lawyer article did specifically name Jenner and Block and a
small California firm, Richard E. Hamlin Attorneys. The firms in this
category are geographically diverse throughout the country and contain
anywhere from 2 to 350 attorneys.
One response was from a librarian whose firm formerly did not charge
back Lexis searches but chose to do so in response to rising costs
under its renegotiated flat-rate contract.
In addition to the responses outlined above, two librarians expressed
concern about attorneys' ethical obligations to itemize expenses for each
client, noting that absorbing costs as overhead likely avoids the need to
itemize search expenses for clients in situations complicated by the
flat-fee searching.
Thanks, everyone, for your assistance!
Mindy Klasky
Assistant Librarian
Arent Fox Kintner Plotkin & Kahn
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036-5339
email: klaskym@arentfox.com
phone: 202-857-8981
fax: 202-857-6395
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