You are here: Home » General » Innovation in billing: the lawyers are eating our lunch

Innovation in billing: the lawyers are eating our lunch

by Dennis Howlett on January 8, 2009

First up in the ABA Journal, Morgan Lewis announces it is ditching the billable hour. Well sort of. It’s de-emphasizing the billable hour as a component driving bonuses for its staff. I’m sure its associates will be delighted, especially when you note that the bar starts at 2,000 hours pa. Given that US lawyers are used to billing in 6 minute increments, that’s a heck of a lot of time on the job just to get to 2,000 hours. When I was in practice, we reckoned to be lucky to get 1,400. It was a good reason for dropping that measure because you were always clock watching instead of concentrating on what needed to get done.

Then comes the Wall Street Journal Law Blog where:

Evan Chesler, a Cravath lifer and the firm’s presiding partner, has become the most recent high-profile lawyer to call for the end of the billable hour. In the upcoming issue of Forbes, in an article called “Kill the Billable Hour,” he writes: “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.”

That’s fighting talk and in the following interview, Evan provides plenty of solid reasons why he thinks this way and the challenges that face his firm. Rather than spoil the fun, just hop over and check it out.

I’m thinking that Ron Baker and the folks down at Verasage will be hopping with delight. As always, with these things, there is a tinge of sadness for me. When am I going to hear about the professional accountants getting with the program? C’mon guys and gals – the lawyers are eating our lunch on a bunch of issues. It’s embarrassing.

Reblog this post [with Zemanta]
GD Star Rating
loading...
GD Star Rating
loading...
  • Share/Bookmark
  • Dennis -

    Don't get fooled into thinking lawyers are leading the way. It's a lot of puffery. Morgan Lewis is trying to alleviate associate concerns and help with recruiting. (I would guess that many associates failed to hit the 2000 hr mark and probably will also next year.)

    Clients and lawyers have been complaining about the billable for decades. They have also been predicting its demise for decades. As mark Twain said: "the reports of my death have been greatly exaggerated."
  • Dennis, don't you worry, there are still dinosaurs our there. Witness this exchange with David Giacalone --> http://blogs.law.harvard.edu/ethicalesq/2008/11...

    Die Billable Hour DIE!!!
  • That's really encouraging Michael. I'll post this on ICAEW site as well - hopefully tomorrow.
  • We're a 100+ person, three office local CPA firm in South Florida. We have been moving into, and now primarily using, fixed fee engagement letters with fluid change orders for most, if not all, in our Tax/Wealth and Small Business Services groups. Audit typically has a fixed fee engagement, as does Business Valuation. My group, Litigation, never has fixed fees. It is too hard to guess in this type of work.

    We have found increasing acceptance of these new engagement terms, particularly in this economy. We've also found that it is much easier to get a client to pay for an agreed upon change order than bill them higher amounts later, especially as we are moving more and more into COD deliverables.

    My partners are very happy with the results, though as a traditional practitioner for 35 years, I still have a hard time getting the term "change order" out of my mouth without thinking about the last house I purchased.
blog comments powered by Disqus

Previous post:

Next post: