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Merriam-Webster's interpretation of 'savvy'
is 'practical know-how'. To have practical know-how
in financial management is a crucial component of responsible
leadership. In today's competitive environment being
a responsible leader in a law firm takes even more than
practical know-how in financial management. The profession,
and how the delivery of legal services is managed, is
changing rapidly. One of the biggest changes I have
observed over the last five to ten years is the shift
from a lawyer-centered law office to a client-centered
law office. With all the technology tools available
to the attorney and his/her staff any shift or major
change within the practice can be accommodated more
easily than ever. One thing that has not changed however,
is the need for financial stability in any law office
in order to serve the client without having to worry
about keeping the doors open from one day to the next.
That is where practical know-how in financial management
comes in. A leader in today's law practice must be able
to combine the old familiar financial strategies with
the need to succeed in a client-centered practice.
Let us look at what was then and what is now.
1. Does the old formula of hours worked / dollars
billed / dollars collected still work?
In years past when budget time came around, the needed
revenue was divided by lawyers in the firm, then by
the individual lawyers' billing rate - to come up with
the number of hours at the standard billing rate needing
to be collected in order to bring in the required revenue.
It was understood that a) not everything that was billed
would be collected, b) not every hour that was worked
could be billed. Thus came the creation of varying versions
of this formula:
lawyers could be billed out at X billing rate,
therefore they needed to work Y number of hours
in order to bill Z number of dollars. Collection
was another matter.The resulting focus was on hours
and dollars, with service sometimes being compromised.
In today's practice the client comes first. Due to
media exposure, the client is more knowledgeable, the
client is more sophisticated, the client is more demanding,
and there are more attorneys than ever for the client
to choose from. The attorney responsible for leading
his/her practice or firm into the future must realize
that the clients' needs must be first and foremost before
the firm's financial well-being. But - as pointed out
earlier - financial stability is a must for the firm
to continue to serve its clients.
Where lies the balance?
Pushing the attorneys to work more hours and increasing
the hourly rates may not be the way to do it anymore.
The responsible leader will evaluate the practice with
the client in mind. In order to reach a certain level
of revenue, he/she will listen to the client's needs,
and strive to meet those needs. The clients want to
know that they are being listened to, that they are
being cared about.
So, to combine this needed element of nurturing the
client relationship with the sometimes seemingly cold
and calculating methods of financial management necessitates
a change in mind set. The leader in today's law practice
may do well in looking at the structure of the practice
overall to achieve a win/win outcome for both the firm
and the client.
1. Looking at the client service team approach.
Establish client service teams whereby the attorney,
the paralegal, the secretary and whoever else performs
work for the client become a team. Everyone on the team
understands the objectives of the case, and is familiar
with the client's needs. It will help them take ownership
in their work, their tasks, as a contributing member
to the firm's responsibility of service to the client.
This is different from the approach of years past, when
support staff was hired to work for the attorney. Their
tasks were individual assignments with no connection
to the overall objectives - much like an assembly line.
Remember, the focus was on hours worked and dollars
billed. With the client service team approach you not
only raise the interest level of each team member in
becoming more productive, you also gain a new perspective
from the client's point of view: the client is not just
hiring the attorney, but an entire team behind him /
her, all working in the best interest of the client.
It is a major change in the way legal services are delivered,
and can be a win/win situation from the client's standpoint
as well as from the firm's financial management standpoint.
2. Have you evaluated your billing format lately?
Just the format of the bill for legal services
has undergone some tremendous changes in the last few
years. It is no longer sufficient to send a one-liner:
For Legal Services Rendered $1,000. The client
wants more. But what does the client want? Suggestion:
ASK! Remember, a client-centered law practice
is driven by the clients' needs. You may have a standard
format for your bills, i.e. date of service, description
of service, who performed the service and the dollar
amount. Show it to the client and see if it meets with
his/her needs. Some corporate clients may want you to
bill in a task-based format, insurance companies may
need to see every detail of the work performed, an individual
client may have less rigid requirements, but whatever
the client needs to see on the bill, needs to be complied
with by the law office in order to get the bill paid!
Take the initiative to communicate with the client about
your billing practices and your responsibility as a
financial manager will become much easier.
3. Are the write-offs of accounts receivable too
high? If they are, it does not matter how many hours
were worked or how many dollars were billed, the effective
billing rate ($ collected divided by hours billed) will
suffer tremendously. In years past, this would have
resulted in more pressure to work and bill more hours.
Today, the responsible leader will look at the reasons
for having to write off any accounts receivable. In
many cases such an analysis will show that a lack of
communication between the attorney and client, as well
as between the attorney and the rest of the team members
resulted in an unpaid account. It is not sufficient
to let the client know up front what the cost of the
representation will be, the client needs to be kept
informed on an ongoing basis if the projected cost changes.
In other cases, the client may have just run out of
money. From a financial management standpoint, was that
a foreseeable fact? Are the intake procedures including
a screening process to detect such possibilities? If
so, the firm made an informed decision to accept the
case - then write off the account. For practical know-how
in financial management it is important to have systems
in place to allow the firm to keep a healthy balance
between uncollectible accounts and an economically beneficial
workload. Review your intake procedures, evaluate your
billing procedures, and take corrective action
when needed.
4. Do you perform an overall 'reasonableness' test
on bills before they are mailed out? The final step
before mailing out your bills should be to compare the
description of services with the amount billed, and
ask yourself - did this client receive value for the
amount he/she is being billed? Put yourself in your
client's shoes and ask 'would I pay this for what I
received'?
These are some of the questions a responsible leader
with financial management savvy asks of himself and
of his firm in order to balance the need for client
satisfaction and the firm's financial stability.
Top
Gisela B. Bradley is the director of the Law
Office Management Program of the State Bar of Texas.
She has authored numerous articles relating to practice
management and is a frequent speaker and presenter
at CLE seminars. The Texas Law Office Management Program
was implemented in 1995 under her direction to establish
processes and procedures to assist solo and small
firm practitioners in the delivery of legal services,
by developing and promoting competent, professional,
efficient, effective, economical and innovative law
office management practices. Ms. Bradley can be reached
at (512)463-1463, Ext. 1301 or www.texasbar.com/lomp
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