The “Fixed Fee” Future of Law
From 1987-2003, Mr. Heineman was the Senior Vice President-General Counsel for General Electric. He then served as Senior Vice President for Law and Public Affairs until his retirement at the end of 2005. Mr. Heineman was responsible for managing a team of 1,100 in-house lawyers in over 100 countries around the world. Under his guidance, GE's legal department became world-renowned for its excellence, not only in legal service, but also for the major role that its attorneys play in business and management.
Prior to joining General Electric, Mr. Heineman was a managing partner at Sidley & Austin, focusing on Supreme Court and test case litigation. Previously, he served as Assistant Secretary for Planning and Evaluation with the US Department of Health, Education, and Welfare under President Carter. Mr. Heineman began his career as a staff attorney for the Center for Law & Social Policy in Washington, D.C., and moved on to become a litigator at Williams & Connolly.
Question: What’s the future of the legal profession?
Ben Heineman: I am a Senior Fellow at Harvard in the Program on the Legal Profession. I write about this a lot. I was very involved in changing the way inside lawyers do their job. I believe that there is a major change because of the economic conditions where corporations are putting tighter budgets on law firms, which is why law firms are being forced to either lay off partners, senior associates, and they are not hiring as many young people.
I think for people who are going to law school, I think this is a good thing to be perfectly honest. They need to think of other kinds of careers and there are many opportunities in the public sector and the non-profit sector that they can take advantage of. I do think we are going to see a decline in the legal business because corporations are just going to be tighter on their budgets and that's going to last for a long time and that will mean less business for law firms.
I also think, and I've written about this, that we are going to move away from the hourly billing rate toward something called the "fixed fee" where basically you pay a price for a legal service, even if it's a complex one. We don't bill fee for service on an hourly basis. It's a problem in the medical profession; it's why healthcare costs are running away. It's a problem in the legal profession; that's why legal costs are running way, so we've got to solve the problem in both law and medicine.
Question: Is this something that’s soon to come?
Ben Heineman: I think it's happening. The fixed fee arrangements, what are called alternative fee arrangements are definitely happening in a number of firms and in a number of major corporations are pushing very hard to change the economic relationship.
When I came to GE, we changed the paradigm for inside lawyers. We got great lawyers to come inside and that meant that there could be more cooperation between the inside lawyers who are the equal of the outside lawyers on matters, but there was always a dispute about money. What the fixed fee will do, hopefully, will create a partnership on the money as well as on the matters and that will be beneficial both for the companies, for the law firms, and I think, for the public interests.
Recorded on November 3, 2009
As costs run away in the legal and medical industries, pay practices are going to change, explains Ben Heineman, a senior fellow at Harvard Law School.
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Whether or not women think beards are sexy has to do with "moral disgust"
- A new study found that women perceive men with facial hair to be more attractive as well as physically and socially dominant.
- Women tend to associate more masculine faces with physical strength, social assertiveness, and formidability.
- Women who display higher levels of "moral disgust," or feelings of repugnance toward taboo behaviors, are more likely to prefer hairy faces.
Beards and perceptions of masculinity<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMjU5OTg0MC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY0NzkxMjM3N30.cH-GqNwP5GVqvstgJWAhBPn1B_lYpVEAI0I7iax7EQw/img.jpg?width=1245&coordinates=0%2C1900%2C0%2C849&height=700" id="caae6" class="rm-shortcode" data-rm-shortcode-id="cb0a355a4e8e1899789bc45f3f7aef56" data-rm-shortcode-name="rebelmouse-image" />
Photo Credit: Wikimedia<p>The study used 919 American (mostly white) women ages 18-70 who rated 30 pictures of men they were shown with various stages of facial hair growth. The photographs depicted men with faces that had been digitally altered to look more feminine or more masculine, with a beard and without a beard. The women rated the men according to perceived attractiveness for long-term and short-term relationships. The study found that the more facial hair the men had, the higher the men were rated on their attractiveness, particularly for their suitability for a long-term relationship.</p><p>Part of this might be attributed to facial masculinity — i.e. protruding brow ridge, wide cheekbones, thick jawline, and deeply set narrow eyes — which conveys information to a woman about a man's underlying health and formidability. Women tend to associate more masculine faces with physical strength and social assertiveness. It can also indicate a man with a superior immune response. The researchers suggested that their findings favoring bearded men could be due to the fact that facial hair enhances the masculine facial features on a man's face, like creating the illusion of a thicker jaw line. This could communicate direct benefits to women like resources and protection that would enhance survival among mothers and their infants. In other words, while a beard doesn't mean superior genetics in and of itself, it might be a primitive, ornamental way of saying, "Hey girl, I'm a testosterone-fueled lean, mean, pathogen fighting machine." <br></p><p>It could also be that a beard becomes its own destiny. The researchers in this study cite prior research that found that by growing a beard, men felt more masculine and had higher levels of serum testosterone, which was linked to a higher level of social dominance. They also tended to subscribe to more old-school beliefs about gender roles in their relationships with women as compared to men with clean-shaven faces.<span></span><br></p>
What does disgust have to do with beard preference?<p>Obviously, not all women dig beards. The researchers were particularly interested in what traits make a women prefer bearded men over clean-shaven faces. They looked into several factors including a woman's disgust levels on various concepts, her desire to become pregnant, and her exposure to facial hair in her personal life. </p><p>According to the study, women who were not into facial hair were turned-off by potential parasites or other critters they imagined could be in the hair or skin. Women ranking high on this "ectoparasite disgust" scale might have viewed beards as a sign of poor grooming habits. However, women who ranked higher in levels of "pathogen" did find the bearded men to be desirable, possibly because they perceived beards as a signal of good health and immune function. An intriguing discovery in the study was links to morality. Women who displayed higher levels of "moral disgust," or feelings of repugnance toward taboo behaviors, were more likely to prefer hairy faces. The authors opined that this could reflect a link between beardedness, politically conservative outlooks, and traditional views regarding performances of masculinity in heterosexual relationships.</p>
Additional findings<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMjU5OTg1My9vcmlnaW4uZ2lmIiwiZXhwaXJlc19hdCI6MTYyNDI1NjUyOX0.P9B8WbmJR0q4nfzYZKbuNSA-2SAigVWJgrQE-_Gxlds/img.gif?width=980" id="49143" class="rm-shortcode" data-rm-shortcode-id="2ed3b1d6f20fc170bf2974646e565e8d" data-rm-shortcode-name="rebelmouse-image" />Giphy<p>The correlations that existed between married and single women's rating on the attractiveness of beards were not particularly clear, although the researchers noted that single and married women who wanted children tended to find beards more attractive than the women who didn't want children. They also found that women with bearded husbands found beards to be more attractive, which might indicate that social exposure to beards influences how desirable they are perceived of as being. Or it could be that men with wives who like beards grow beards.</p><p>It's important to note that culture plays a huge role in how attractive women perceive certain male characteristics as being. This study looked at a small, culturally specific group of American women, so no big, universal claims should be made about masculinity, facial hair, and male desirability to women. However, research like this is important in highlighting how human grooming decisions are driven by much more than fashion trends. Sociobiological, economic, and ecological factors all play a part in the way we choose to present ourselves.</p>
Yet 80 percent of respondents want to reduce their risk of dementia.
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