LAW FIRMS SEE ALTERNATIVE FEE ARRANGEMENTS AS HERE TO STAY

“I don’t think the billable hour is dead, but I think it has company”

According to an article by Kim Lyons of the Pittsburgh Post-Gazette, “the billable hour has long been the mainstay of law firms and their pay structure. But in recent years, firms have had to become more creative in how they get paid, as they compete for business with ever more cost-conscious companies.

Enter the “alternative fee arrangement.” Whether it’s a flat fee, a capped fee, a blended rate or some other variety, alternative fee arrangements are giving the billable hour a run for its money.”

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09
Jan 2014
CATEGORY

Legal

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ADVOCATEN EN DECLARABELE UREN

Wat is daar eigenlijk mis mee?

Overal lees je dat advocatenkantoren moeten veranderen. Ze zijn te conservatief. Ze houden vast aan het verleden en zijn alles behalve innovatief. Naarmate het economisch slechter gaat wordt de roep om verandering steeds sterker.

Met name het systeem van ‘uurtje factuurtje’ moet het ontgelden. Advocaten wordt verweten dat zij tijdschrijven met een vork. Dat zij niet efficiënt werken. Dat zij te duur zijn. Het syteem zou verkeerde prikkels meebrengen, mede omdat de controle op het daadwerkelijke aantal nuttig besteedde uren niet goed mogelijk is.

Wie deze kritiek tot zich laat doordringen kan niet anders …
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22
Dec 2013
CATEGORY

Various

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US LAW GOVERNED AGREEMENTS

Curaçao and St. Maarten Courts will accept the choice of laws

One of the questions frequently asked is whether the Courts in Curaçao or St. Maarten, if an action is brought before them, will pay deference to a “choice of governing law” and/or venue provision in an agreement, in particular when the parties have chosen US Law, and a US Court to resolve their disputes.

The choice of the laws of (a particular State of) the United States of America as the laws governing an agreement is valid and binding under the laws of Curaçao/St. Maarten, and will therefore be …
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21
Nov 2013
CATEGORY

Legal

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THIS BLOG IS ARCHIVED BY THE LIBRARY OF CONGRESS

Blogs of today can be studied for years to come

I’m thrilled to learn from Robert Ambrogi’s blog that “Karel’s Legal Blog” has been archived in the Library of Congress:

On the Internet there is no rule against perpetuities. To the contrary our perpetuation seems assured. Latest case in point: the new Legal Blawgs Web Archive from the Library of Congress. Yes, just as the LOC is archiving all of our tweets, turns out it is also archiving a selection of legal blog posts, and has been doing so since March 1, 2007. (…)

The LOC describes …
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17
Jul 2013
CATEGORY

Various

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LITIGATION IS A SKILLED PROFESSION (part 8)

New legislation

Finally, note that rather simple examples have been taken here. However, many suits are complicated with regard to their subject matter. In this connection disputes about complicated take-over issues, disputes between investors and an investment fund, disputes with a contractor or architect about a building or disputes about intellectual property come to mind. All these types of dispute require from advocates much more knowledge of and experience with litigation. It is not that each advocate must be an expert in all those areas but he should at least have experts in his team.

Only a few aspects of …
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14
Jun 2013
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Legal

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LITIGATION IS A SKILLED PROFESSION (part 7)

Injunctive relief

Apart from seizures it is also possible to consider an application for interim injunctive relief (voorlopige voorziening). The Judge for Interim Relief can render so-called provisional relief, for instance order a building freeze or order the counterparty to pay an advance on the compensation. Such a provision is called provisional because it is a measure in the interests of maintaining order to which the court dealing with the principal case is not bound. So it may well be the case that the provisional judgment of the Judge for Interim Relief differs fundamentally from the judgment of the court …
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07
Jun 2013
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Legal

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LITIGATION IS A SKILLED PROFESSION (part 6)

Proceedings in various jurisdictions

Sometimes cases which are strongly interrelated to each other are brought before different courts. For instance you instigate proceedings with the court in Curacao and your counterparty instigates proceedings at the same time against you before the court in Aruba or in Sint Maarten. If the merits of the case involve the same dispute it would hardly be efficient if litigation would take place before two different courts. In that case there would also be a risk that contradictory judgments would be delivered. The Code of Civil Procedure provides for an arrangement with regard to referral …
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31
May 2013
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Legal

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LITIGATION IS A SKILLED PROFESSION (part 5)

Duty to submit exhibits

It can of course happen that it is not a plaintiff but the defendant or a third party who has the documents by which the plaintiff can prove the existence and extent of his claim. There is a separate procedure by which such documents can be demanded. This procedure, better known as the duty to submit exhibits of Section 843a of the Code of Civil Procedure requires several conditions which must be satisfied before the court can allow that claim (exhibitieplicht).

Many other issues can play a role. I will mention a few. Say that you …
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24
May 2013
CATEGORY

Legal

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LITIGATION IS A SKILLED PROFESSION (part 4)

Statement of Defense

As the defending party you have to put up a defense (Statement of Defense) and in this regard this statement should not only be clear and complete but you should also know for instance what formal defenses you should advance. With regard to the latter for instance the plea of limitation of action comes to mind. In many cases the period of limitation of action (verjaring) is five years but sometimes it is a much shorter period. The short period of limitation of six months applies to the annulment of a resolution of a legal entity registered …
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17
May 2013
CATEGORY

Legal

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LITIGATION IS A SKILLED PROFESSION (part 3)

Foreign law

It often happens that for instance the court in Curacao has jurisdiction to hear a case but the claim is governed by the law of another country. In that case the court must be informed of the contents of that foreign law by the parties. Obviously, before you institute these proceedings you must have examined whether your claim has any chance of success. And you have to consider the question of what you will do if the claim is awarded by the court in Curacao but you have to go abroad for enforcement of that judgment. Sometimes you …
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10
May 2013
CATEGORY

Legal

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LITIGATION IS A SKILLED PROFESSION (part 2)

Which court is competent to hear the case?

In order to answer the question of which court you should bring your action before, the type of claim can also be important. In Curacao you must bring your claim for collection of a sum of money or a dispute involving a take-over contract before the Court of First Instance. But if you start inquiry proceedings you should go to the Joint Court of Appeal. And if as a civilian you want inquiry proceedings to be brought against a State-owned company, the petition to this end must be submitted to the Public …
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03
May 2013
CATEGORY

Legal

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