Billable Hours

funny-pictures-cat-does-not-work-hard.jpgPresident Obama made a pretty interesting statement in yesterday’s inaugural address:

Our workers are no less productive than when this crisis began. Our minds are no less inventive, our goods and services no less needed than they were last week or last month or last year. Our capacity remains undiminished.

But based on last week’s ATL / Lateral Link survey, which asked you how many hours you billed last year, these words of inspiration might not quite fit the legal profession. As we noted last week, more than a quarter of respondents were unable to bill even 1800 hours last year.

And many commenters suggested that the situation will be more dire in 2009:

Hitting 2000 hours for 2008 was doable because the bulk of the slow-down didn’t occur until September/October. Only because I had very high hours before then was I able to just barely hit 2000 hours for the year. 2009 will be much worse. I’m worried.

 

what are these “billable hours” of which you speak? i keep hearing they’re good to have, but i can’t find them anywhere. i’ve looked under the rug and everything!

Other commenters pointed out that even 2008 was probably a worse year financially than last week’s survey suggests:

It is hard to tell how busy associates really were based on this data. One problem is that “billable hour” may mean different things at different firms. At some firms “billable hour” = client billable hours only. But many firms give billable hours credit for pro bono, recruitment and professional development work. I would be curious to see how much CLIENT BILLABLE hours associates had in 2008 and what they are expecting for 2009.

 

Also, pro bono hours are way up, which is great for our day-to-day feeling of some accomplishment, but not as great for our future viability.

In today’s survey, we’ll focus on both issues: how much of your “billable” work last year was really for “CLIENT BILLABLE” time, and what do you think 2009 will look like?

Update: This survey is now closed. Click here to see the results.

Justin Bernold is a Director at Lateral Link, the sponsor of this Associate Life Survey.

funny-pictures-hourglass-cat.jpgWe received over 2,200 responses to Monday’s ATL / Lateral Link survey, which asked you how many hours you billed last year.

In fact, we received more responses than most of you billed hours.

Although today’s Am Law Litigation Daily points out that litigation in federal courts actually rose by 9 percent last year, that doesn’t appear to have done much for your timesheets.

The table below compares your 2007 hours and predictions for 2008 (from our November survey) with the actual experience you reported on Monday.

Results: How many hours did you bill in 2007 and 2008?

 Billable Hours   2007      2008 
(predicted) 
  2008 
(actual) 
Less than 1600     3.29%   7.93%   14.32%
1600 – 1699     2.58%   6%   5.75%
1700 – 1799     3.99%   5.61%   7.36%
1800 – 1899     8.45%   7.54%   9.37%
1900 – 1999     11.5%   16.44%   13.6%
2000 – 2100     22.54%   21.08%   18.11%
2100 – 2199     12.68%   14.31%     11.11%
2200 – 2299     11.03%   6.77%   7.98%
2300 – 2399     12.44%     5.42%   4.64%
2400+     11.5%   8.9%   7.76%

Back in 2007, roughly 70% of respondents billed at least 2000 hours last year (not counting associates with stub years), with over a third billing at least 2200. And over 11% — almost one in eight associates — were in the 2400+ zone.

But by November, almost 20% of associates thought they would fall short of 1800 hours for 2008. Even so, less than 8% feared they would not make 1600. And roughly 56% of associates still expected to hit at least 2000 hours in 2008. More than a fifth of respondents thought they would even reach 2200.

Reality was a bit less kind:

  • A crushing 14% of respondents fell short of 1600 hours, almost twice the number predicted back in November.
  • More than a quarter of respondents, 27%, could not make 1800.
  • And a little less than half of associates, 49.6%, broke 2000.

But even these numbers may paint too rosy an economic picture. As one commenter pointed out:

I billed over 2000 hours, but had over 300 pro bono this year.

Another suggested that this year’s performance will be much weaker than last year’s:

Hitting 2000 hours for 2008 was doable because the bulk of the slow-down didn’t occur until September/October. Only because I had very high hours before then was I able to just barely hit 2000 hours for the year. 2009 will be much worse. I’m worried.

Feel free to share your own thoughts in the comments.

You know, as long as you’re not billing anything today.

Justin Bernold is a Director at Lateral Link, the sponsor of this Associate Life Survey.

funny-pictures-your-cat-totally-has-too-much-free-time2.jpgBack in November, we asked you to predict what your hours would look like for 2008, and we reported some worrisome results:

This year, the mighty have fallen, and so have their hours. While roughly 56% of associates still expect to hit at least 2000 hours in 2008, the number reaching 2200 is expected to fall from 35% to about 21%.

Meanwhile, the number of associates who won’t even make 1800 hours has roughly doubled, rising from 9.86% to 19.54%. Almost one in twelve associates don’t even expect to make 1600 hours, way up from 3.29% a year ago. (Remember, these numbers exclude stub years.)

But as gloomy as those results were, many commenters expected a much more dire view:

These reported hours seem WAAAAAAYYY high. People here are averaging maybe 80-110 hours per month. I myself would be happy to hit 1200 or 1300 by year-end.

 

These numbers are still too high. Everyone I talk to at my firm and others is super slow in corporate. The fact that only signle digits are below 1600 for almost all class years is suspicious. People hitting 1400 are having an above average year at many firms.

 

If I hit 1100, it’ll be a miracle (and a shitty Christmas).

Oh, and my small corporate group at a satellite office is looking at a range of approximately 700 – 1200. I think the group will likely be getting smaller…

 

Um, some of us are padding our hours and are still coming in at under 1600. There was literally no work for months, though things have picked up somewhat in the past couple of months.

And, let’s face it, you know last year’s billable hours must have been awful if the presiding partner of Cravath wants to scrap the system.

So, now that 2008 has come to an end, let’s see if last year’s predictions hold true. Today’s ATL / Lateral Link survey will focus on what your billable hours actually were.

Update: This survey is now closed. Click here to see the results.

Justin Bernold is a Director at Lateral Link, the sponsor of this Associate Life Survey.

Evan Chesler Cravath.jpgEvan Chesler, presiding partner at Cravath, is the latest to raise his voice against the billable hour. In an op-ed piece he penned for Forbes magazine, Chesler says:

I’m a trial lawyer. I bill by the hour. So do the associates who work for me. I have lots of clients, so I can pretty much work, and bill, as much as I want. This needs to be fixed. Yes, you read that correctly.

Of course, partners and clients and even journalists have been calling for or predicting the death of the billable hour for years. As Chesler himself contends in his piece, nobody really likes the billable hour:

The billable hour makes no sense, not even for lawyers. If you are successful and win a case early on, you put yourself out of work. If you get bogged down in a land war in Asia, you make more money. That is frankly nuts.

Of course, there is a reason that the billable hour won’t die. More on that after the jump.

double red triangle arrows Continue reading “Killing the Billable Hour: One Op-Ed At A Time”

wall street bull backside.jpgIt’s December, and the bills are due. But many firms are finding clients reluctant to pay up. The American Lawyer reports that firms are having a tough time recovering any money from the graveyard of busted 2008 deals:

Firms that were working on one of the many deals or financings that have been postponed or terminated may never get paid for the significant hours they did log. That’s because in most instances, law firms don’t get paid until a deal closes….

When a deal fails, the law firms generally don’t have a contractual right to any money. And that can make for messy negotiations. These days most firms don’t want to drive too hard a bargain with clients they want to hold on to.

“If it’s an ongoing client we may be a bit more generous,” says one partner. “We’ll ask them to pay us a fraction of the fees, but there’s an understanding that when the market turns around they owe us.”

While the broken-deal fee will always be subject the dance between rainmakers and their clients, fees for litigation and general corporate work should be freely flowing. Right?

For matters billed on a regular basis, like standard corporate work and litigation, firms stand on firmer ground, although payment isn’t assured this year. September was particularly scary, says Jay Zimmerman, the chairman of Bingham McCutchen.

“Even the best clients were holding payment,” he says. “Everybody was sitting on cash and we had a build-up in receivables.” Since then, he says, the money has been flowing in fairly normally. “The September bills did get paid. October turned out to be very good and November is looking very good.”

The “stuff” flows downhill. Clients stiff firms, management stiffs associates, associates stiff… law school loan officers? Why not? We can’t be that far away from the “Fight Club scenario,” in which everybody gets their credit rating set back to zero.

Whoops. I’m not supposed to talk about Project Mayhem.

Collecting, but Hardly Calm and Cool [American Lawyer via Law.com]

funny-pictures-cat-did-the-math-and-you-cannot-afford-the-dog.jpgLast week, our ATL / Lateral Link survey focused on when raises happen at your firms. But we’ve also been wondering about another prong of compensation: bonuses.

In 2007, Cravath kicked off bonus season early, on October 29th, but it’s much more common for firms to announce in December. Indeed, this year the first major announcement of October came from Morgan Lewis, who announced that they won’t be announcing bonus until January. (That said, though, Orrick announced their 2008 bonus structure back in June.)

But timing isn’t everything. There’s also the quantum of solace cash. On that front, comments in last month’s associate bonus open thread suggest some pretty diminished expectations. As one reader put it:

This year’s bonus in biglaw: you’re not fired. Let’s hope most of us can get it.

But a second reader posits that firms can leave last year’s bonus structures in place . . . because billable hours are actually low enough to avoid a cash crunch:

If firms keep the same bonus structure, they will still be spending *way* less on bonuses this year. That’s because so few people will make their hours. Most associates are way down compared to last year, and November and December are only going to be worse in terms of finding work to do. It wouldn’t surprise me if many firms will save 50% or more without making any adjustments to the bonus structure. That’s what gives me some hope that bonuses will remain the same. Of course, firms would be happy to use the remaining 50% of bonus money on other things. But they won’t want to chase away the few associates who are actually competent enough to make their hours.

Now, if I can just find a way to stay busy through November and December. . .

Sort of a “glass half full, so you don’t really have to tip” approach.

Do you agree? Are your billables really so low that you won’t get any bonus this year?

For that matter, would you actually give up your bonus this year if it would reduce the risk of layoffs?

Let’s find out.

Update: This survey is now closed. You can see results here, here, here, and here.

Justin Bernold is a Director at Lateral Link, the sponsor of this Associate Life Survey.

sky-is-falling.jpgWe received roughly 1,527 responses to last week’s ATL / Lateral Link survey on whether you’re busy, which is up from the roughly 1,350 responses we received in June.

Overall, things are looking slower than they did in December or June, with 32% of associates afraid that they won’t make their hours this year, in contrast to 28% of associates in June and 18% in December. Worse yet, 3% of respondents said that they had already been laid off, an answer that wasn’t available in the earlier surveys.

Meanwhile, the number of respondents who still think their firms actually need to hire more people has dropped precipitously, from 25% in June to only 15% today.

Is business slow? December 2007 vs. June 2008 vs. September 2008

December 2007   June 2008   September 2008
Yes, I’ve been laid off. n/a n/a 3%
Yes. I won’t make my hours. 18% 28% 32%
Yes, but I’ll make my hours. 15% 12% 16%
It’s slow for others, but not me. 16% 14% 11%
No. 25% 21% 23%
No. We need more people. 26% 25% 15%

Find out what’s hot and what’s not, after the jump.

double red triangle arrows Continue reading “Associate Life Survey: Yikes”

funny-pictures-kitten-wants-to-go-to-work-with-you.jpgBack in December, one of our ATL / Lateral Link surveys found that about 18% of associates were afraid they wouldn’t make their hours. By June, that number had risen to 28%.

In today’s survey, we’ll see if anything has changed now that a horde of new associates have started and a horde of financial institutions have, well, ended.

Many of you have sounded pretty worried lately. After Lehman Brothers and Merrill Lynch collapsed, transactional associates said they had a few simple concerns:

It’s the end of the world.

Litigators, however, had a slightly different reaction:

I’m in litigation!!

So, does the reality match the predictions? Are transactional associates even slower? Are litigators really getting busy?

Let’s find out.

Update: This survey is now closed. Click here for the results.

Justin Bernold is a Director at Lateral Link, the sponsor of this Associate Life Survey.

bored no work law firm Above the Law blog.jpgBack in December, we conducted a survey focusing on how busy those of you who work for large law firms were. The results were somewhat comforting. A majority of you said work at your firms was not slow, and 78 percent of you said you weren’t afraid of losing your job.
That was about seven months ago. Have times changed? In addition to all the recent law-firm layoffs, here is some anecdotal evidence that they have:

Given the hard economic times, you guys should do a story about associates that have no work. And I’m not talking about light billable hours, but NO WORK.

I work for [a large firm] and I’m currently relegated to surfing the internet, reading ATL, and looking for new incarnations of ceiling cat. I’ve begged and pleaded with partners to give me work, but to no avail.

I’d be curious what other associates around the country who are slow are doing to drum up work or, better yet, kill time.

Have any suggestions for this frustrated reader? This person already knows about legal blogs as a procrastination aid. Given the uncertain economy, online shopping binges probably aren’t smart. IM’ing with friends at other firms is fun, but not everyone has that option.
If you know of other ways to pass the non-billable time — and please, safe-for-work proposals only — feel free to share them in the comments. Thanks.

Posner.jpgProcrastination is a terrible habit, and the internet is truly the great enabler. How many hours of productivity are lost to YouTube each year?
Judging from Law Firm March Madness traffic, lawyers are definitely among the office workers looking for distraction. Slate has gathered “procrastination rituals” from various professionals. One of the contributors is Judge Richard Posner of the Seventh Circuit. His ritual is not to procrastinate:

Procrastination is very unhealthy. It causes problems for the people who are counting on you to complete things in a timely fashion and it makes your own life more difficult…. It helps to be a little compulsive. Then you feel uncomfortable if something is hanging over you — that’s the opposite of procrastination, a compulsion to complete things and get rid of the albatross hanging over you…. I have that compulsion.

And that’s why he’s Richard Posner: circuit judge, law professor, author of almost forty (40) books, prolific blogger, and one of the world’s top 100 public intellectuals. And he even manages to sleep, about six hours a night on average.
“Don’t procrastinate.” Like so much good advice, it’s hard to follow. But we’ll try. Just after we’re done reading this article about a scientific formula for procrastinating, searching the videos that come up on YouTube when you search “procrastinate”, listening to the Posner-Lat podcast, and playing our turn in Scrabulous…
Procrasti-Nation [Slate.com]

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