Accounting For
Time
Welcome to a profession where you are
paid for your time. Clients pay for legal services by the hour. Recording your
time accurately, comprehensively, and consistently is important to your firm,
its clients, and your career. Developing this habit takes effort but it must be
done. Record your time daily and turn it in daily. Most firms look closely at
lawyer’s time in assessing the productivity, profitability, and making
decisions about compensation and promotion. Most firms will ask that you enter
four types of information in a format like this
|
Client
|
Intel
|
|
Matter
|
Microsoft v. Intel
|
|
Detail
|
Draft outline for
Jones deposition; Meet Chris Smith re preparation to take Jones deposition;
Research privilege waiver and work product issues for V. Armstrong deposition
|
|
Time
|
6.25 hours
|
Your
advisor, recruiting coordinator, or secretary can teach you the details. But
you are setting yourself up to meet with Dr. Kevorkian if you do not get in the
habit of careful time keeping. If you do not record your time every day, you
will lose track of what you have done. This will lead to ❏ lost time ❏
inaccurate chargeable hours ❏ and incomplete descriptions of work performed.
Your time charges must be sufficiently detailed to be understood by the billing
attorney and the firm’s client. A cryptic reference such as ‘research’ is not
sufficient. Explain the nature and scope of the research —
Research and draft memorandum on Alabama standards for
summary judgment in premises liability matter
Likewise, if you meet with an attorney,
the entry “meet with John” is inadequate. Instead your time entry should read
Meeting with John Smith re: summary judgment standards in
securities fraud matters in 8th Circuit. Evaluate revisions to
compulsory counterclaims against Republic Gypsum.
The
time you record on June 2d, is shown on a computer print out generated in early
July. It is reviewed by the billing partner, finalized, and sent to the client
in later in July. Questions from the client will be received during August or
September — after you return to school. It is irritating and time-consuming to
decipher and edit superficial time records two months afterwards. Time that
cannot be explained cannot be collected.
Accuracy
means recording the time you spend. It does not mean double thinking whether
you should round up or down. Your hourly rate reflects the firm’s assessment of
your capability and efficiency. The billing partner will decide whether to
write off, write down, or write up your time. Do not lose yourself in the weeds
of second-guessing the basis of time based billing.
Don’t
become obsessed with hours — the profession attracts hard-working
professionals. In a healthy economy, meeting the firm’s chargeable hour target
will take care of itself. Most firms understand that summer associate have
substantial down time, time charged to firm or administrative matters. If you
remain obsessed by the almighty chargeable hour, please ask for a copy of my
1996 report — Worshiping False
Profits— How Hours-Based Billing and Compensation Killed The Goose That Laid
the Golden Egg.
This is a special continuing series designed for law students. The next installment will be Friday, January 22nd.