Post by Nuno B.M. Lumbrales, lawyer, partner at Lumbrales & Associados and LawRD user:

The billing method is an issue that, mishandled, will cause nasty glitches in the relationships between lawyers and clients.

There are several ways of billing lawyer services, just like in any other area of business, bearing in mind the uniqueness and proper rules that apply in each country as to the legal practice.

One of the most common, and losing preference, is the hourly rate method, for billing lawyers fees. Such method has the quality of its flexibility thus enabling a balance between the service rendered by lawyers and its due compensation, overlooking the fluctuation that will occur unavoidably throughout the diligences.
On the downside, in this instance it is troublesome for clients to preview the cost of  the lawyer’s fee when a given period of time is agreed upon.

However, by demanding a specification for each of the billing invoices (as it is supposed) as to the description and time spent in each item clients can have some control. Without being utterly rigorous this will prevent costs from soaring.

A more classic method is a fixed rate that will settled upon for a matter (flat rate) or for a determined cycle of billing (retainer). This, being a quite clear method, has the advantage of eliminating almost any grounds for litigation on fee agreements (service quality and issues alike are not thus prevented, though). Its lack of flexibility regarding fluctuation of the amount of work through the procedures, come as a negative point.

One other billing method consists on agreeing to a percentage of the results that will come from the lawyer’s services on one or more legal matters. Many countries do permit this form of fee agreement in its pure sate, invoking that this will give way for the leayer to being too much as a directly interested part on the matter at appreciation in court for it will depend on the court’s decision, thus compromising the lawyer’s objectivity, impartiality and independence. A mixed form of this agreement with others is allowed, though.

These methods in their pure forms and an arrangement of different ones will give way for more ecletic and balanced billing methods.

The underlying question to choosing a billing method is the fare quantification of lawyers’ services, considering amount, quality and results they bring to clients.

Sometimes there’s the need to go back to square one. This should have been the first post ever on LawRD’s Blog: LawRD, what is it good for?

There’s a debate going in the law milieu on whether or not hourly rates are the best way for charging  legal services. We will not go into that! It is not up to us to tell lawyers what is best for them on that concern. What we can state for sure is that LawRD meets the several models of fee convention that lawyers choose for their clients’ matters. LawRD allows you to bill hourly, flat fee, contingency fees and success fee.

Whichever way a lawyer chooses when billing fees, there is an unavoidable fact: lawyers do invest time on matters. An example: when emailing to a client during working hours, a lawyer is investing  time which has a cost that is equal to the lawyer’s hourly rate times the total time spent on that task.

An issue arises here: how can lawyers account for their cost per hour? That calculus can either be simple or complex. In a law firm the cost can be achieved by adding the lawyer’s salaries, bonuses and other costs that are to that person related, divided by the total amount of hours the lawyer worked during a certain period of time (a month, a year). A solo practice will have to bear in mind a minimum amount so it is profitable. For instance: if a lawyer needs to have a minimum of $15,000/month proceeds and is willing to put in 150 hours, the hourly cost will be $100.

Knowing the cost is just the half of it. The other half is logging the time spent on each matter. Any way… there is only one way of doing that: using a timesheet. Such a sheet can be as simple as piece of paper stapled to the folder wherein they will hand write down the time spent. That will do the job, but can it help answering swiftly to issues such as:

• How much time did I spend on a matter?
• What is the total cost of a matter?
• Is the matter profitable?

This is where LawRD - Reports on Demand comes into action! Use LawRD and the answers are just a click away. Check this example from LawRD’s Demo Account:

The Total line displays an amount of 62:30 which has a cost of $8,210.25. This is  a hourly rate matter and there is an amount of $14,370.00 billed, therefore it shows a profit of $6.159,75. There you have the answers for the previous questions. It just took a click on the Timesheet tab.

The Timesheet tab still remains relevant for matters that are not billed by the hour. The reason why is very simple: there is the need to match the fee agreed with the client with the actual costs of that matter. Recurring again to the Demo Account, you can notice that the amount of €1.500,00 was agreed with the client:

By clicking on Timesheet you can answer to:

• How many hours were spent on the matter? A: 9:35
• What is the total cost of the matter? A: $1,012.25
• Is this matter profitable? A: yes, it shows a $987.75 profit, at the moment.

Now we can answer to what is LawRD good for? In a sentence: LawRD allows for a swift answer on any matter’s results.

With this entry the Quick Guide is updated once the matters feature had a big improvement, as referred in New Features- Summer 2009 Collection.

One of the new features matter type categorization aims at two goals: sorting matters by type and allowing Flat Fee billing.

One acesses to the matter’s  type configuration by clicking Configuration when the Matters tab is selected:

Within the Types of Matters option an array of types is defined to which a matter can be assigned to, when it is added later. Such types have to be sorted before adding a new matter:

Types of Matters can also be used to set the flat fee value which is a new way of defining fees. For instance, if the firm has a standard pricing or has a specific one for a client, these are to be inserted in the Amount field and it should mention wether or not in that amount are included expenses, checking the Expenses Included box.

The second big update deals with billing methods. Now it is possilbe to:

• Bill matters by the hourly rates of each intervening lawyer or by the value specified to that particular matter. Billing by the standard pricing of the firm or by a client’s specific amount, still remains. It is also possible to bill a success-fee which will be settled when a new matter is added, being it adjusted by the time of issuing the billing sheet:
  
• Flat-fee. This option has a pre-defined by the lawyer database with services which relates to a payment plan, as said before:
  
  Configuring payment plans happens in the Configuration menu, when the Matters tab is selected and whithin Payment Plans a calendar for issuing the billing sheets is set:
  
  With this billing method, the matter’s manager is able to check its profitability and keeping up with issuing of billing sheets. In the following example, an installment is overdue and this matter’s networth is negative - the light green column on the chart on the left - the total time spent times the hourly rate of the employee assigned to the matter is superior to the amount already billed:
  
• Contingency fee. A percentage of the recovery amount can now be charged (it can be adjusted when issuing the billing sheet):
  
  Profitability check keeps on being available to the matter’s manager and the contingency is a quick glance away:
  

Finally, there is a new help  Wizard when adding new matters.  These can be added by the following modes: Quick Add and Advanced.

In Quick Add mode the new matter is billed by the hour (be it the standard firm pricing or a specific one for that client) wherein the employee assigned is its manager.

The Advanced mode enables all the possible options for a matter (team assignement and other contacts related to the matter) and is also the way to change or complete the settings of a matter added in Quick Mode:

A handy feature is the name suggestion that can be selected when the client´s name is being inserted in (it works on both modes):

Summer 2009 brings great new features to LawRD:

• New wizard when adding a new matter: now adding a new matter can be done in Quick mode or in Advanced mode. This improvement makes the different steps when adding a new matter, much simpler. For instance, selecting which team will work on that matter is now more intuitive.
  

• Matter types: this feature has a double goal: to categorize matters- a simple typification- and to allow flat-fee matters, payment plans included.
  

• New ways of billing type: adding to hourly rate and retainers, LawRD now enables matters to be billed on a flat fee or contingency fee basis. In matters billed by the hour, it is now possible to set a success fee.
  

• More ways of billing matters by the hour: when billing matters by the hour, the hourly rate can be differenciated accordingly to the employee that acted on it. Distinct hourly rates to different matters from the same client, can now be defined, too.
  

• Billing wizard: due to the broadening of the billing choices, a 3 step wizard is now available when issuing billing sheets.
  

• Time logging delegating option: it is now possible to delegate the logging of time to anyone else with clearence.
  

This development aims to answer the needs of our users, conveying a wider flexibility concerning fees and payment plans.

A much more detailed presentation will be available on this blog under Quick Guide.