Changing the Billing Paradigm – Part 2: Getting Attorneys to Enter Time

Law firms can improve cash flow and increase profitability if they improve their billing process and practices.

 The client billing process, in many firms is based on a slow, painful monthly schedule. Why … because it’s always been that way. In part 1 of this series we identified the nine (9) current painful and costly steps to client billing. In this posting we’ll discuss the attorney time tracking process.

 There are multiple issues with getting attorneys to track and enter time on a daily basis.

  1. It’s not natural. We can demand and threaten all we want, but quite frankly, detailed time entry is not natural for a professional. How would all of us non-attorneys like to track every tiny task we do all day long, and enter it into a computer down to the tenth of an hour (.10)? You have to be kidding right? Let’s see a show of hands, just as I thought, no hands are in the air.
  2. It’s a form of micro-management. I want to practice law, solve problems, compete like an athlete, and detailed time entry is the client’s form of micro-managing every little thing I do.
  3. It’s not convenient. Stop what you are doing, enter the time, start back up again and switch to work on another matter. This is a painful process, almost as painful as just working all day (week?) and then trying to parcel together all the (hundreds?) of time entries for the day. Let’s see, it’s 5PM and I need to recreate my time for today, did I talk to that client for 6 minutes, or was it closer to 12 minutes, I’ll enter .20 hours (12 minutes).
  4. Out of the office … too bad. I’m off-site doing depositions and meeting with my client, detailed time entry isn’t very easy. It’s a big case and I’ll be doing this for the next few days. I’ll just enter in 8 hours and call it “depositions and meeting with client”, nope can’t do that, the carrier won’t pay they want “micro-management detail”.

 We could of course go on and on about the “issues”, now let’s talk about how to improve the process and profitability.

 Improving Time Entry:

  1. Admit it’s a Pain. The first step to get attorneys on board with the time entry process is to admit that all of the “issues” above are true and painful. No attorney enjoys entering time. Make sure the attorneys know that you know this and are prepared to mitigate the pain as much as possible.
  2. The Real Reason for Time Entry, it’s the Job. When you want to charge clients $250 $1,000/hour with few restrictions or limits they want detail for every moment of your time. If you don’t like this level of scrutiny find a new job, many others have. Just accept this as a way of life, the life you’ve chosen.
  3. The Firm will Help. Firms are smart to individually help attorneys with time entry. Senior attorneys and partners may have secretaries help them, we assume their billing rates are high enough to easily afford the labor costs. Time entry software isn’t always easy, take extra time to train attorneys, be patient, show them short-cuts after they learn the basic program. Provide attorneys the option of using a web time entry product or a mobile app to assist when not in the office.
  4. Send it off-shore. That’s right, if time entry is just going to be a problem and expensive attorneys and staff struggle with it, take a look at off-shore time entry. Scan old-fashion paper sheets and let someone else do it.

 The bottom line is that Time Entry, must be done daily, must be accurate, and is just part of the job. The firm will do everything it can to make it as painless as possible, but it is an ABSOLUTE REQUIREMENT.

In the next post we’ll look at the month end process, why is it a problem and what can you do to improve the process and become more profitable.

Streamline your Way to Bigger Margins – #3 -“Is your Time Slipping Away?” – Time Capture Best Practices

This ongoing series will visit small (and large) overlooked ways firms can save (or gain) money that can add up to big dividends.

A few months back, I wrote a blog entry about law firm time entry. In it, I outlined the results of a survey on time entry and some best practices attorneys can use to avoid “leakage” or “slippage”. One of the points was “If you have a mobile attorney, let them try a Blackberry or iPhone time capture app; see if it will help improve productivity.” Since mobile applications are used for just about everything these days, I thought I would expound on the benefit of using mobile time capture to avoid slippage, and achieve the most accurate time capture possible.

To begin, what exactly is “slippage”? Although there are many different types of slippage (in stocks, foreign exchange, etc.), law firms experience this phenomenon when they simply don’t bill clients for the work performed. This can occur when work is forgotten, small amounts of time are not recorded that may add up to large amounts of time and/or work is underestimated. Slippage is a real issue that negatively affects revenue and may lead to longer billing cycles, and an overall poor reflection on an attorney’s time management skills.

There are many contemporaneous time capture strategies the mobile attorney can implement to avoid slippage, here are a few:

  • This seems like a no-brainer, but find a mobile time capture tool that not only allows you to create time entries at any time, but also interfaces with the firm’s billing system, saving the time spent re-keying, or keying, billable time.
  • Utilize automatic time capture applications that allow users to record time automatically based on the medium, e.g., phone call, email, etc.
  • Make sure the mobile application has an automatic reporting feature. This will allow you to quickly review time spent on specific client and matters and then simply feed it into your time and billing system.
  • Mobile applications not only help lawyers to actualize all billable hours, they also make it possible to get back to clients right away. In this day and age, stellar customer service is one of the primary keys to client retention.
  • Go beyond the “normal” PDA applications and utilize the technology to the fullest extent. For example, some BlackBerry phones offer digital dictation, document review, work product retrieval, etc. This is another great use of down time while on the road.
  • Don’t be afraid to explore the firm’s existing technology. There may be compatible features that an attorney may not know about – these features can help save time and, of course, help to increase productivity.

    These are just a few small things the mobile attorney can implement to increase client satisfaction, make the best use of time and decrease slippage overall.

Please send me my legal bill …. quickly!

Here’s a question for law firms … how fast should you bill your clients?

 The answer …. quickly, as soon as possible.

 No client looks forward to getting their monthly bill in the mail. However, if you are going to send me a bill this month I want it as early in the month as possible. Why? Because, businesses (unlike law firms operating on cash basis) must outright “expense” or “reserve” for this bill in the month they receive it. Well run businesses are running almost daily P&L’s and forecasting both expenses and cash flow on a continual basis throughout the month, quarter and year. So, why is this a problem? Law firms are poor at getting bills to their clients. The process is just slightly better than in the days of quill pens and the Pony Express.

 Here’s the process:

  1. Billing dept. announces the deadline for time entries, maybe the 2-4thday of the following month.
  2. Print and distribute the pre-bills.
  3. Attorneys review the pre-bill, mark it up with changes.
  4. Attorney dictates to the secretary a cover letter (firms think clients want a nice polite letter with their bills).
  5. Billing enters the bill changes.
  6. Print the final bills, stuff the envelopes, apply postage … you get the idea.

 It’s now the 28th of the month, and surprise …..  in the mail today is a whopping legal bill, far more than I expected. My forecast for this month’s profits just took an unexpected turn south and I only have a few days to recover and see if I can still make my forecast.

 Message from Corporate Clients to Law Firms: Get me my bill as early in the month as possible, it will help me plan my expenses much better.  BTW, law firms benefit from “fast billing”, you’ll get paid faster.



40 Years of Time and Billing Technology – the 1970′s

Legal time and billing software has seen a great deal of change over the past four decades.  From punch cards to Web-based time entry, the industry has and continues to make impressive technological leaps. Here is a brief synopsis of some of the time and billing “rites of passage,” if you will, from 1970 to more current times.

 1970s

 The utilization of time and billing software technology within law firms began in the early 1970’s. Prior to this, manual ledger cards were the standard. The late 1960’s and early 1970’s also produced the legal service bureaus. Under the service bureau process, firms would provide a list of their master files which included client names, addresses, attorney rates and so forth. Then, on a weekly basis, firms would send in massive numbers of paper time sheets. Each time sheet would include about 10 time entries on a single page. This was thought to be a major advancement over the very first “time slips” which were tear-off slips about the size of a bank check. The first “short-hand” time-entry codes were printed on the bottom of the paper time sheets so that the attorney could just write in “TC” for “Telephone Call” instead of writing out the entry. Each attorney needed a “cheat-sheet” that listed clients and matters. The time narrative had to be carefully printed in little blocks, one character per block. It was common to only allow 250 characters per time-entry. Firms sending boxes of time sheets would also include a manual tally sheet. The service bureau had rooms full of key punch operators; one operator would enter the time sheets, and a second operator would re-enter the same entry as a validation. A control person would then check the computer to verify that all time sheets had been validated, and the computer totals matched the firm provided tally sheets.

 At month-end, the firm would send the final batch of time sheets, along with the billing and receipt entries from the prior month.  With month-end data the service bureau would print out final bills. Client bills were often printed on special paper divided into two sides; the client bill would be printed on the left-side of the page, and a duplicate copy for the firm would be printed on the right-side.  An innovative micro-perforation down the center allowed these pages to be split, without having to use valuable computer and printer resources to print separate copies. The final bills and reports were then shipped back to the law firm for mailing. Many times these were sent by air freight to firms as a premium service. Did you notice a missing step? Back in these days attorneys did not edit pre-bills! Can we please roll the clocks back?

 When billing was completed, the service bureau ran various reports including attorney productivity, A/R and a summary of client/matter and billing payment history. These were all printed on wide format “green bar” paper; there were no laser printers at the time. Modern time and billing systems today produce the same exact reports that were generated in the old service bureaus.  As a matter of fact, the DBR (Detailed Billing Report) is a common term still used today in many firms.

 By the mid 1970s, in-house systems were being implemented at most large firms. Software that was similar to the service bureau type was now being provided with minicomputers and terminals to handle both data and word-processing. An early dilemma was that the manufacturers of word-processing systems could not handle “data-processing,”. These early systems could only understand words on a screen, not numbers. As great as they were, word-processing systems like IBM® Display Writers, NBI and “Centrex” couldn’t perform math calculations necessary for billing. The Wang systems, followed by similar systems from Barrister, quickly changed all of this. They were able to run both word-processing and data-processing applications such as billing, A/P, G/L, conflicts and early litigation support applications. Major hardware providers like IBM®, DEC and HP were right on their heels. In those days the “iron” (hardware) was very expensive, and decisions to purchase were based primarily on hardware technology and field service. Software was secondary, and implementation and training services were usually bundled in for “free” with a system.  If you decided to buy HP hardware, you would choose between CompuTrac and Harris-Paulson software. If you wanted DEC, Quorum was the software of choice. These computers were so “advanced” that they had 300MB disk packs that fit into hard drives the size of today’s washing machines. The disk packs looked like 78 RPM records sealed in a large round clear plastic housing. The IT person would remove and store these disk packs as a way of loading application software and data into the systems. For example, month-end billing necessitated a complete set of dedicated disk packs. Vendors benefited from this as they could control the environment by having a terminal on every desktop. At $3,000/piece, it could get costly for every secretary and staff person to have a terminal, but that’s what was required. Typically, these systems would cost an average of $500,000 to a few million dollars. In addition, firms had to order countless other hardware components just to get a system installed. For example, for every 12-16 terminals a “terminal server” was required, which was essentially a minicomputer dedicated to feeding information from the main minicomputer to the terminals. In addition, many firms installed elaborate glass-walled rooms with raised flooring for massive wiring. These rooms were not in the basement; on the contrary, they were strategically built right near the main reception area so that visitors and customers could see their impressive technology investment. For the first time, vendors were able to support clients remotely with “high-speed” 1200 baud modems. Dozens of modems could be installed with dedicated phone lines for remote office access.

 The early time and billing systems were “command-driven.” These systems typically would provide a single line on the screen, with a blinking cursor. The trained operator would then enter highly cryptic entries in order to perform tasks. For example, “$opertime” might produce an equally cryptic screen that allowed for time- entry from paper time sheets. The screens were easy to read since they were either green with light green text or white with black text. The more “commands” the operator knew, the more tasks could be accomplished. Law firms had finally moved into the information age. For the first time a firm had technology that moved beyond a telephone system or a copier. There was no turning back. One of the nice things about this technology was that the IT staff, by and large, had to keep just one computer working, the mini-computer(s) in the computer room. The desktop terminals were just a little bit more than a picture tube, and they were easy to swap out with replacements. The time and billing systems of this period were some of the best ever. Although they lacked advanced looking screens, these systems were loaded with capabilities. If you were running Wang Informatics, Quorum MP1500, CompuTrac HP3000 or Barrister CFMS, you had a powerful tool. Many systems today are still lacking the features that were present in these old stalwarts. These systems were also very batch and process-oriented. Even with the large 300 MB drives and memory measured in megabytes, most system-wide activities required overnight processing. Historic data was usually saved in summary format only; month-end reports had to be run and saved as hard-copy since they couldn’t be recreated at a later date. Month-end closing procedures were sensitive to specific batch updates and in larger firms required an entire weekend to run. Furthermore, many times month-end reports were run from duplicate copies of the database on a back-up server, since it was too taxing to run reports and also do daily processing on the same system.

 

Survey on Law Firm Time Entry

The survey on law firm time entry caught my eye this morning.

The survey was sponsored by Adam Smith, Esq., and Smart WebParts.  Of the 155 respondents, 86 were partners, 72 were associates, and 51 were senior staff at firms with titles such as CFO, CIO, Executive Director, etc.

Here are some statistics cited:

  • The average “leakage,” that is, lawyers and other timekeepers failing to report all billable time, ranges from $20,000 to nearly $40,000 annually, per individual.
  • The “overhead” costs of keeping time are very heavy, with a mean 3.1 hours/month per individual devoted to filling out timesheets. The mean billing rate of respondents was $438/hour, indicating an imputed cost of $16,294 per person per year.
  • Clearly, significant efficiencies could be gained if streamlined time entry systems were available.

So how efficient are timekeepers in this survey, let’s see.

How long it takes to actually do TE’s at 3.1 Hours/mo. (186min/mo.):

Example #1   12 TE’s per day x 22 days/mo. = 42 seconds/TE

Example #2 (TE requiring task codes) 24 TE’s per day x 22 days/mo. = 21 sec/TE

Sure seems to me that this might be pretty efficient, especially for an attorney who has to try and remember in some level of detail what he or she did a few days or weeks ago .

So how can firms make attorneys even more efficient?

  1. Insist on daily time entries, it must be easier to recall details if you are entering your time as the work is performed.
  2. Provide attorneys with the proper tools and train them how to use the tools. For example, some vendors allow time entry right from within Outlook, where attorneys are spending a good bit of time already.
  3. Provide attorneys with short-hand codes unique to their practice. They just enter a code and the narrative explodes out into an entire description that they helped create.
  4. If you have a mobile attorney, let them try a Blackberry or iPhone time capture app, see if it will help improve productivity.
  5. Have the partnership set strict rules requiring attorneys to have their time in “on time” with some sore of penalty for non-compliance. Set an example at the partner level by adhering to the policy.

The better the time entry, the better chance the bill will go out sooner, the better the chance the client will pay it sooner.

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