Billing

As we noted in Morning Docket, there’s a new survey out about corporate America’s legal spending in 2013. As noted by Am Law Daily, the LegalView Index “is based on actual dollars paid by clients, not on surveys of law firms” — so perhaps it’s more reliable than many of the other studies.

What does the survey say? Here are some highlights:

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It’s one thing to say that you bill at $200 or $500 or $1,000 an hour; it’s another to actually collect those fees. Every time a client fails to pay a bill, you’re effectively discounting your overall rate. And while writing off $500 here or there may not seem like much, over the course of the year it can amount to several thousand dollars – which doesn’t take into account the added cost of chasing down clients to collect from them.

Of course, the best way to avoid getting stiffed is to obey Foonberg’s Rule: Get the money up front. Unfortunately, sometimes, you can’t predict the full cost upfront – and if the expected bill is mid-five figures or more, a client simply may not have that kind of money all in one place. Moreover, taking payment up front won’t guard against a client asking for a refund down the line if you haven’t vetted the client properly. So beyond upfront payment, here’s a list of tips to avoid getting stiffed:

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Andi Dorfman

* If your firm has not yet given in to the demands of corporate clients for more reasonable billing structures, please be aware that a) your firm is behind the times, and b) you better be prepared to get your white shoes scuffed. [Boston Globe]

* Mirror, mirror, on the wall, which is the fairest firm of them all? According to the 2014 Acritas Brand Index survey, Skadden is the firm on everyone’s mind — for the third year in a row. They must be doing something right. Congrats! [Am Law Daily]

* Part of this former staff attorney’s discrimination suit against Quinn Emanuel was dismissed, but as our editor, Elie Mystal, mused when he first heard of this case, it’s likely “the only color Quinn cares about is green.” [New York Law Journal]

* Trendspotting: Because fast-growing technology equals fast-growing money when it comes to the law, LeClairRyan is the first second firm in the U.S. to open up a drone practice group. [Richmond Times-Dispatch]

UPDATE (1:00 p.m.): Actually, Kramer Levin launched its Unmanned Aircraft Systems Practice Group back in December 2013, as noted by the ABA Journal and Bloomberg News.

* Bachelorette-in-waiting Andi Dorfman was granted an unpaid leave of absence from her job as an ADA to star in this summer’s edition of the reality show. We guess her boss gave her career a rose. [Daily Report]


Two weeks ago, I wrote about one of Biglaw’s most pressing issues: the failure of senior partners to pass along clients to younger partners. But that is not the only problem some of Biglaw’s senior partners are causing for their firms and the industry as a whole. Unfortunately, a measurable portion of senior partners, those of the august titles and stratospheric billing rates, are among the worst offenders of one of Biglaw’s most notorious shortcuts to extreme profitability: creative time entry and billing.

While I hate to acknowledge, even though I have seen it firsthand, that partners make up time entries wholesale for work never performed, it is not hard to realize that in this age of the multimillion-dollar partner there exists a tremendous incentive for such behavior. Or at least for partners to “round up” time entries, a tacitly accepted practice within Biglaw.

Incentives matter, and the more richly compensated a senior partner is, the more pressure there is on them to put down a solid four to five hours for “reviewing and revising” a draft brief on Tuesday, only to make a similar entry when they review a more robust version of the same brief a few days later. And because senior partners are frequently responsible for a horde of timekeepers below them, the tone set by the lawyers at the top of the pyramid has an impact on the behavior of those lower on the chain….

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I’ve got better things to do than be in the office right now.

Last week we shared with you 7 Ways To Kill Time While Working At A Law Firm. It was a slightly tongue-in-cheek post, a subtle send-up of “listicles” like 10 Reasons To Leave Biglaw.

But as it turns out, as reflected in our traffic stats and in various messages sent directly to us, people actually want to learn about methods for staying (or looking) busy while they put in their law-firm face time. Does this mean work is slow? All these unused billable hours don’t bode well for bonus expectations this year.

Anyway, here you go: 7 more ways to kill time while working at a law firm….

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Tied up in the office? You might as well make the most of it.

As the old saying goes, time is money. And in the land of law firms, where the billable hour is king, the saying is literally true. The pressure to churn that bill, baby rack up thousands and thousands of hours is one of the toughest aspects of legal practice. It drives lawyers towards drink and away from their families. (See reasons #7 and #8 of the 10 Reasons To Leave Biglaw.)

But what if you have the opposite problem? In some ways, not having enough in terms of billable hours is worse than having too much. If you’re billing, say, 75 hours a month as an associate, you could find yourself in the breadline before too long. (Partners have more leeway, but even they are hungry for hours nowadays.)

If you’re stuck in the office with nothing to do — and this applies not just to lawyers but to support staff, who are getting laid off partly because there’s not enough for them to do — how should you pass the hours? Here are seven suggestions….

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There’s no doubt about it: Weil Gotshal & Manges is the reigning drama queen of Biglaw. In June, the firm laid off 60 lawyers and 110 staffers. Last week, the firm lost eight partners to the Dallas office of Sidley Austin, including some pretty heavy hitters (and basically all of Weil’s women partners in Dallas).

Today we bring you (1) additional information about the Dallas moves and (2) a report from Weil’s Boston outpost, where some people are not happy….

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I wrote several weeks ago about why I should waste time — why I should attend some meetings at which I’m not really necessary. I should do this to learn what folks on my team are doing on a daily basis, to have a chance to work one-on-one with more people who ultimately report up to me, and to improve employee job satisfaction by having a manager show interest in employees’ work.

To my in-house eye, that’s not “wasted” time; it’s “invested” time — time that improves our collective well-being, even though it doesn’t result in my having completed a specific task that the organization needs accomplished.

As I think about it, I see an awful lot of these things in-house that I would never have seen at a law firm. For example, several weeks ago, we decided to invite a junior in-house lawyer to attend meetings of our “Corporate Ethics Committee,” at which a fairly senior group addresses, among other things, important issues that arise through our corporation’s anonymous ethics hotline. We didn’t invite the junior lawyer because his or her attendance was important to the committee’s deliberations; rather, we thought that attending the committee meetings would provide helpful training and give the junior lawyer more exposure to senior people in the department.

At a law firm, everyone would spit in your eye if you suggested that a junior person should unnecessarily attend a meeting simply for the sake of training and exposure: This would constitute either over-billing the client or wasting potentially billable hours. . . .

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Partners versus associates in Biglaw. I am not referring to the annual end-of-summer softball game. This is more serious. Many groups are flat or slow. Even though associates leave firms and get replaced very slowly, or not at all, and even though incoming associate classes have shrunk, Biglaw firms make every effort to keep associates as busy as possible. For one, associates are expensive, with their high salaries and real benefits packages. Plus, it is always easy to generate some make-work for them, particularly when there are not as many around as there used to be.

These efforts are surely welcomed by associates, but at what cost to the firm’s other timekeeping employees — the partners? Does the fact that a partner “got elected,” has the title, signed a partnership agreement, and has money (either their own or a friendly bank’s) in the firm’s capital account mean that he or she should have first dibs on all available work? Put another way, do I have the right to insist that a fellow partner assign me work rather than an associate? Do I need to make sure my fellow partners are all fully busy before I assign some of my hard-earned client matters to them? Assuming that the clients do not care about who services a particular matter (e.g., it is a new client who only cares about the price and not who is providing the service), these are very difficult questions. Unfortunately for many in Biglaw today, they are also timely….

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Ed. note: This is the latest installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Jeffrey E. Stone is Co-Chair of McDermott Will & Emery LLP and Chair of the Firm’s Management Committee. In addition to his management roles, Jeffrey is a nationally recognized trial lawyer and a Fellow of the American College of Trial Lawyers. He concentrates his practice in the areas of white-collar criminal defense, complex commercial litigation, internal investigations and RICO. He represents corporations, boards of directors, senior executives and other individuals in a variety of complex civil litigation and criminal prosecutions, involving a broad range of industries, including health care, manufacturing and financial services. He has tried more than 40 cases to verdict before juries in federal and state court.

Jeffrey has served as National Chairman of the Stanford Fund (responsible for all annual giving to Stanford University), as a National Trustee for the Lawyers’ Committee for Civil Rights Under Law, as outside counsel to the Illinois Judicial Inquiry Board, as a board member of the Jewish Federation of Metropolitan Chicago, and as president of the Jewish Family and Community Services agency. He currently serves as a member of the national Board of Governors for the American Jewish Committee.

1. What is the greatest challenge to the legal industry over the next 5 years?

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