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How do you assess how you are really doing? The key
is cash flow management: You must understand what monies
are coming into your practice, and where money is flowing
out.
Each month, you should review the following ten reports
from your accounting system:
- Overall and projected monthly billings: What are
your overall monthly billings, measured against your
projected billings? This tells you if your gross income
is meeting projections. Related to this figure is
the percentage of collected monthly billings that
should be a lawyer’s income. According to Cotterman,
this amount should be 55 to 60 percent (Cotterman,
James D., Capitalization, Debt and Taxes, Report to
Legal Management, June 2000)
- Projected billings versus cash flow: Review collected
billings measured against your budgeted cash flow
needs for the month. This tells you if you are in
a projected positive or negative cash balance for
the month. Studies have indicated that you will have
approximately a 105 day ‘lag’ between the
date you incur an expense and the day you collect
that expense from your client (Cotterman, Ibid). Accordingly,
it is important to keep a handle on your potential
cash deficit.
- Actual versus budgeted costs: What are your actual
costs as compared to your budget? This tells you if
you are managing to run your office within the financial
constraints that you anticipated. If your costs are
high as compared to your budgeted amounts, you will
be required to cut other costs to compensate, or increase
your collected billings. To be on the safe side, look
at cutting your costs first before trying to increase
your income, as cost cuts take effect immediately,
but income is subject to the collection ‘lag’.
- What is your WIP? Is your work in progress increasing
or decreasing? If it is increasing, is it due to time
being put into contingency files that have the potential
of paying off at some point in the future? Or is it
building, as you have not been billing as regularly
as you should? On files that can be billed monthly,
you are doing yourself a disservice (and potentially
digging yourself into a financial hole) if you fail
to bill for the work done. WIP over 180 days/ Total
WIP = 20 to 40 percent (Cotterman, Ibid).
- What are your unbilled disbursements? They represent
credit that you have extended to your clients, and
therefore capital that is unavailable for you to operate
your practice. If at all possible, bill these out
to recapture the necessary operating cash for your
office. Disbursements can be one of the biggest components
of total firm debt. Total debt/net fixed assets =
50 to 80 percent (Cotterman, Ibid).
- What are your receivables? Are they increasing or
decreasing? What percentage are they of your annual
billings? Fifteen percent is highfive percent
is within the range of acceptability. Uncollectable
accounts represent holes in the bottom of the financial
boatthat will sink the ship if not plugged.
If you do have an unpaid accountdo something
about itquickly. Make early attempts at collection
and determine whether or not further time and energy
are warranted. Recall that attempting to collect an
unpaid account against an unhappy client oftentimes
leads to professional conduct complaints and malpractice
claimsboth of which can be emotionally and financially
draining as well as PR nightmares. By acting quickly
and decisively and staying within your written client
credit policy you can minimize your exposure to bad
debts.
- What is your realization rate? The realization rate
is the percentage of actual income paid to the firm
from the billable hours of each timekeeper. For example,
Partner X bills 200 hours per month at $200 per hour
for a total amount billed of $40,000. Of that amount,
10 hours are written down (taken off the books) for
various reasons, and clients pay a total of $30,000.
Partner X’s realization rate is 75%. Partner
Z bills 150 hours at $200 per month, but she has no
“write downs”, and her clients pay 95%
of that for a total of $28,500. Although Partner X
bills more hours, because of the low realization rate,
Partner Z with far fewer hours billed is generating
almost as much income for the firm. Your computer-based
time and billing program should be able to create
this report for you. Examine the results and use it
to help guide any discussion of compensation for partners
and associates. A low realization rate indicates that
a lawyer is using resources of the firm inefficientlywhich
is usually a sign of poor client or file selection.
Realization rates should be no lower than approximately
90 to 95 percent (Cotterman, Ibid).
- What are your unbilled fees and disbursements by
lawyer, client and area of law? Although some may
not like it, firms should look at unbilled fees and
disbursements aggregated separately by lawyer, client
and area of law. Look for trouble-spots in these categories,
and take steps to correct them as soon as possible.
- What are your daily lawyer time summaries? Daily
time summaries by lawyer are also important. To make
this analysis accurate, all lawyers should be accounting
for all their timebillable, firm administration
or management, education, pro bono, vacation etc.
Look for aberrations or time summaries that don’t
make sense or indicate poor time management or failure
to meet minimum billable time requirements. A quick
way to determine how many hours you should be billing
is as follows: Take your desired annual income, say
$150,000. Collected billings should be approximately
twice this figure$300,000. Factor in bad debt
at 10 percent. That indicates that you should be billing
approximately $330,000 per year. There are approximately
231 working days/year (365 minus: 21 days vacation,
104 weekend days, 9 statutory holidays). This indicates
that you must bill approximately $1,400/day ($330,000/231).
If you bill at $250/hour, this indicates that you
must log 5.6 billable hours/dayevery day.
- What are your client trust account balances? Review
the trust account balances for every client. Are there
funds in trust that can be applied against unbilled
time or disbursements? Are there clients/files that
are approaching the exhaustion of their retainers
or funds in trust? Do you need to write to these clients
and warn them that they need to bring in further funds?
These are just a sample of the financial reports that
can be generated by most computerized accounting systems.
It is important to understand the role that each one
can play in the running of your practice and how they
can indicate small problem areas before they get to
be big problems.
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* Excerpt from the booklet: "Managing the Finances
of Your Practice", by Dan Pinnington and Dave
Bilinsky, published by the Lawyers’ Professional
Indemnity Company (LAWPRO®), 2003.
Copyright © 2003 by the Lawyers’ Professional
Indemnity Company (LAWPRO®).
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