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Regardless of what type of business you have, good
management is good management and the same principles
apply to law firms. It isn't enough to build a better
mousetrap or be a great lawyer to build a successful
and efficient business or practice. Although being a
good lawyer is the foundation of your firm's success,
it takes much more. There are many aspects of an efficient
practice—personnel and supervision issues, client
issues, office systems and procedures, and technology.
That is way too much to tackle here and this article
will discuss those related to financial matters.
As you read this and other office management articles,
there are two items to keep in mind 1) No firm is too
small (even if it is just you and a computer ) to consider
most of these items and 2) these are procedures and
documents that should be used every day. Everyone in
your office should know the procedures. Remember success
is not an accident. It is a planned event.
Budgets and Cash Flow
- All firms, no matter how small or how new, should
have a written annual and monthly budget. This budget
should be reviewed regularly. Ideally, you should
work with an accountant familiar with law firms of
your size. Your budget should include all fixed expenses
for the coming year on a month to month basis.
- You should know when all of your accounts payables
are due. This will help with cash flow. At a minimum,
you should have a spreadsheet listing all of your
fixed expenses, amounts due, and dates due.
- You should have a projected budget for non-fixed
expenses such as education, publications, marketing/client
development, and supplies. If you have been in practice
for a few years you should be able to know what you
spent each year on these expenses to make an estimate
for the coming year. You should be able to compare
months and years to determine differences, or when
there may be a greater need for cash.
- You should have a technology budget for at least
the next year. If you have others in the office, get
their input on what problems they may be currently
having and what types of purchases may be needed within
the next year. Make certain to put the cost of training
into the budget.
- Do you know how much you will need to generate
in fees in order to pay your expenses and your salary?
You should have a budget for projected income. Your
budget for your expenses helps you know how much you
need to just cover expenses. Remember to add in your
own salary.
- Do you know your projected cash flow for the next
six months? You should know what will be coming in
and what needs to be paid. If you have "collection
agreements with clients, you should have a list of
when all money is due and how much is due.
NOTE: The budgets are documents that you should
have at your fingertips and should be updated continuously.
You be able to know at any given time where you stand
financially both on a short-term and long-term basis.
You should be reviewing these documents regularly.
Billing and Collection
- All clients should have signed written fee agreements.
At a minimum, all new clients should receive a fee
agreement. They should understand that little or no
work will begin on a matter until the fee agreement
is signed. There should be a mechanism for knowing
whether or not a fee agreement has been signed before
putting too much time into a matter.
- You should have a written billing and collection
policy. These policies should be given to the client
at the initial interview and explained. (for samples
of billing and collection procedures, please go to
the MSBA Web site at http://www.msba.org.
Click on Member Benefits, Law Office Management Assistance,
and then Articles.)
- There should be written policies for billing and
collection . The policies should state the procedures
for out of pocket expenses, replenishing the trust
account for time and expenses, and payment from fees
for outstanding expenses.
- You should be using a software program for your
time and billing and ideally, you should be entering
time as you work on a client. At a minimum, you should
be recording your time daily. If you spend eight to
ten hours at the office or on work related matters,
you should be able to account for all of those hours.
If you lose just one hour a day at $100.00 per hour,
you have lost $25,000 in a year (assuming you take
a vacation for two weeks) . These are fees that are
simply lost.
- You should bill all your clients monthly and immediately
at the conclusion of a matter. If you work on a client
during a given month, that client should receive a
bill.
- Accounts receivable should be monitored monthly
or weekly if necessary. Someone should have the responsibility
of knowing which clients owe money and when payment
is expected.
- If you are waiting for payments from clients have
the person in your office who is responsible for the
bank deposit, give you a list of all payments each
day. The list should be attached to a sheet that lists
from whom you may be expecting payment
- You should get a retainer from almost all clients.
All retainer accounts should be monitored monthly
to make certain that account is not being depleted.
Let the client know if you plan to ask for an additional
retainer if the account gets too low.
- Consider using the retainer to apply to last invoice.
If you plan to do that, make certain that you have
it in your fee agreement and that you return any money
that is not used as soon as the matter is completed.
Trust Accounts
- Make certain that anyone in your office (including
you) has access to the Rules of Professional Conduct
and that everyone knows the rules for proper handling
of trust accounts.
- Without fail, make certain that you reconcile your
office and trust accounts monthly. Most of the software
programs used by solo and small firm practitioners
such as Quicken or Quickbooks make this a fairly easy
process. If this task is assigned to someone else
in the office, make certain that you review it or
have your accountant review it regularly. You are
responsible for all errors.
- Make certain that you have separate client ledgers
for your trust account. This does not mean that you
need separate accounts, just separate records. Make
certain that they reconcile each month.
- Deposit checks every day without fail.
- If you have not done so, consider having operating
and trust account checks in different colors.
- When paying expenses from your trust account either
to an outside vendor or for work, you have performed,
send the client a statement indicating what is being
paid and the account balance.
- Consider keeping trust account and operating account
checks in a locked cabinet with only a limited number
of people having access to the key.
- Develop a relationship with the bank manager at
the local branch where you do your banking. This is
especially helpful for solo practitioners. Most bank
managers in local branches are excellent sources of
information and referral sources.
- Although most solo and small firm practitioners
do not need monthly accounting services from a CPA,
you should have relationship with an accountant or
accounting firm. Your accountant should be able to
assist you with budgeting, cash flow, and supervision
of your trust accounts.
- Some resources:
" How to Improve Your Cash Flow" ABA's Law
Practice Management, January/February 2001. Visit
the archives at http://www.abanet.org/lpm.
You can then view articles from past issues.
The American Bar Association has some excellent publications
on budgeting, cash flow and billing. Those publications
can be found at http://www.abanet.org/lpm/catalog/topiclist.html.
If you are not an ABA member, you may also purchase
some of these publications for a discount from the
MSBA via the Web site at www.msba.org
and click on Member Benefits, and then Vendor Discounts.
If you wish to review any of these publications, they
are available at Bar Headquarters.
The Federal Consumer Information Center in Colorado
has excellent resources to assist with budgeting including
worksheets. It is a consumer's almanac and can be
printed (it is 32 pages) from the Web site at http://www.pueblo.gsa.gov/cic_text/money/almanac/calmanac.htm
Quicken.com
has a site that gives information on starting, running,
and growing a business. It also has a Web site on
how to write a mini-business plan.
Pat Yevics is the Director of Law
Office Management Assistance at the Maryland State Bar
Association, Inc. and provides assistance to lawyers
on technology, law office management and starting a
solo practice.
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