October 22nd in Current Affairs, News by Editor .

Death of the billable hour?

Yes please?

Charles Tyrwhitt UK
 

This is certainly not a new debate but, with financial pressures mounting, it has recently been grabbing column inches all over the place, from the Washington Post to the Economist.

In the early days many law firms worked on a fixed fee basis. The change to time recording became commonplace in the 1970s so that clients could see how their money was being spent. In recent years this has led to criticisms that lawyers are now incentivised to spend excessive time on files and to work inefficiently. So who advocates time recording these days?

New efforts to jettison hourly billing are being driven by in-house corporate lawyers, who say they have grown frustrated seeing fees to outside firms soar even as they slash their own costs. However, in such a conservative profession, such structural changes are generally slow to be embraced…


As any practising lawyer will vouch for, time recording is one of the most tedious tasks that lawyers have undertake. Private-practice lawyers account for their time in increments of 15 minutes, or even five or six minutes at some firms.

Most British and American firms set targets for all their lawyers, from 1,300 billable hours a year to 1,800 hours and beyond and Lawyers who exceed their targets often get a bonus. Does this value quantity of hours billed over quality?

Most clients would probably sit in the yes camp here, so if the billable hour does perish, it will be at their behest, rather than the private-practice lawyers themselves. Even if they don’t like it, getting rid would require a suitable replacement.

And those finding a replacement would need to strike a compromise between clarity for the client and profits for the law firm. Good luck to them.

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    October 22, 2008
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    December 10, 2010