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Law Practice Management

Even If Billable Hour is Banned, Some Lawyers Still Want to Account for Time

Posted Jun 30, 2009 5:33 PM CST
By Martha Neil

Amidst the dismal economy, layoffs, pay cuts and constant pressure to work more efficiently for corporate clients is some definite good news, one might think: As law firms increasingly embrace alternatives to charging clients on a billable-hour basis, there may foreseeably come a time when lawyers no longer must submit daily timesheets itemizing the minutes they spent on client matters.

Think again. Even as some lawyers are envisioning a potential billable-hour-free practice with a breath of relief, others are arguing that practitioners should still render a detailed accounting of their work every day ... in order to be more efficient, recounts a Law21 post today summarizing a growing debate on the issue. Otherwise, the argument goes, how is a law firm to measure the value of the work its associates do?

Not everyone, of course, agrees with this view.

"Associates are overhead. Just like coffee filters," writes partner Jay Shepherd of the Shepherd Law Group in a Client Revolution post earlier this month. And, just like office rent, associate time isn't something clients want to pay for, he argues. Hence, tracking how an associate spends his or her time is—or should be—pointless.

"Profit is revenue minus expenses. The question is whether the firm is profitable, not whether an associate or a client is profitable," he writes. "The relevant question for a client is whether you’re delivering enough value to the client to justify the best price they would pay. The relevant question for an associate is whether he or she does good work for your clients."

Hat tip: Legal Blog Watch.

Comments

1.

Eric Johnson
Jun 30, 2009 6:09 PM CST

This is a really tired topic. Lawyers need to record their time for a variety of reasons.

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2.

B. McLeod
Jun 30, 2009 7:17 PM CST

I like the “coffee filters” analogy.  But of course, partners don’t crap on their coffee filters.

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3.

fed up
Jul 1, 2009 10:30 AM CST

Hourly billing creates a conflict of interest between the attorney and client, and therefore is antithetical to the attorney client relationship.  Hourly billing inevitably lead to disputes between the attorney and client, which works to the advantage of the other side.  Of course, attorneys hardly ever see it this way.  For me the turning point was when my lawyer billed me for providing the court with notice of his vacation schedule.  A close second was a bill for a $10 hamburger, following a hearing for which I was billed a couple thousand dollars.  The hearing didn’t go to well either.  He also billed his full hourly rate for driving to several hearings, two hours each way.  I’m looking forward to reviewing his cell phone records for those dates and times, now that we are likely headed toward litigation, to see what else he was doing while billing me full rate.

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4.

London Calling
Jul 1, 2009 12:36 PM CST

@2
Finally, McLeod, a funny post from you.  But I wouldn’t be suprised if your assertion is wrong.

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5.

David Winch
Jul 2, 2009 1:48 AM CST

Re #1

Reasons such as, Eric?

Jay hits the nail squarely on the head. Clients aren’t interested in your overheads, only the value of the result you deliver!

If you pay your staff a salary, why do they need to account for whose case they spent their time on? Unless their overall perfomance becomes a sacking offence, but then you’d be using different metrics!

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6.

Andrea Goldman
Jul 2, 2009 10:12 AM CST

I could not agree more. There are some additional points: in the current economy, collection is extremely difficult. Even if you bill hourly, what is your realization rate? I bet there are very few attorneys out there who actually calculate their “true” hourly rate. In fact, it might be too scary to determine how much one is actually earning. As I have moved towards value pricing, the feedback has been terrific. Clients are delighted to be able to budget for their cases and get payment resolved at the beginning. The relationship with clients is better because I do not have to harass them about payment. They do not hesitate to call me because it is “on the clock.” Billing is easier because I am not worrying about tracking hours. In fact, one doesn’t even have to send bills. I could go on, but I ultimately hope to convert all of my work to flat fees.

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