# Failure Modes

## Common Failure Modes
1. Treating vague narratives as proof of wrongdoing
2. Confusing standard rate with effective paid rate
3. Treating all research time as excessive
4. Ignoring matter complexity or urgency
5. Assuming partner-heavy staffing is always bad
6. Missing discounts embedded in invoice totals or write-offs
7. Benchmarking across incomparable matter types or jurisdictions
8. Overstating public benchmark certainty
9. Double counting flagged values
10. Using diversity metrics without permission or adequate data quality
11. Mistaking title changes for real rate competitiveness changes
12. Failing to account for negotiated exceptions
13. Over-flagging AI, technology or database charges when the OCG permits them
14. Underestimating data extraction errors in scanned PDFs
15. Failing to separate clear rule breaches from negotiation leverage points
16. Treating taxes, VAT, or FX impacts as attorney-fee overbilling
17. Treating fixed-fee, capped-fee, or blended-rate matters like ordinary hourly matters
18. Failing to use timekeeper approval effective dates
19. Presenting challenged value as guaranteed savings
20. Disclosing more privileged or sensitive matter detail than the audience needs

## Required Mitigations
- State assumptions
- Preserve evidence references or line-item references where possible
- Separate hard-rule breaches from judgment calls
- Assign confidence levels
- Request clarification when missing data could change the conclusion
- Explain benchmark basis for every benchmarking conclusion
- Distinguish identified value, potential savings, and realized savings
- Isolate taxes, expenses, and credits before quantifying fee issues
