Are billable hours going away? Experts differ, but all agree: How we pay for legal services is undergoing a big change
By Daria Meoli, August 14, 2015 at 9:35 AM – Last modified: August 14, 2015 at 9:36 AM
The recession hit the legal industry hard.
Corporations were forced to find ways to cut back on their spending – and weren’t afraid to ask to renegotiate payment structures for the services they used. Law firms, needing to maintain their client base, were forced to change. What they didn’t realize, industry experts say, is that they were creating a new norm. And this new norm has many firms and clients playing by a new rule: No more billable hours. Patrick C. Dunican Jr., chairman and managing director of Gibbons PC, said firms have had to learn to adjust. “We are seeing things in the private practice of law we have never seen before and all signs point to the fact that it may not go back to the way it was,” he said. “Companies are buying legal services through procurement means as if we were selling a widget.” Michael X. McBride, managing partner of Roseland-based Connell Foley, certainly feels that way. “A lot of companies are looking for innovative ways to budget legal costs,” he said. “Clients are looking at legal services in a more task-oriented way. They call with specific legal issues and want to budget on a transaction-basis. “More and more clients are looking for alternative fee structures, which may include discounts on standard billing rates or bonuses based on performance.” Dunican, who is the sitting chair of the board of visitors at Seton Hall University School of Law, said how quickly a client pays also is up for discussion, noting it’s not uncommon for clients to ask firms to accommodate alternative fee structures, including extending payment terms as far out as 120 days. The trend is everywhere. According to a recent study by Altman Weil, a national legal management consultancy, 80 percent of lawyers believe non-hourly billing is a permanent trend within the profession. That’s not surprising to Mark A. Robertson, the former chair of the American Bar Association’s Law Practice Division, a current a delegate to ABA congress and the author of “Alternative Fees for Business Lawyers and Their Clients.” He said the ability to adapt to the new pay structure will help determine winners and losers going forward. “The firms who have been having the most success are breaking litigation into bite-sized pieces and determining the costs involved,” he said. The trend is not only changing the way firms do business with clients but how they do business with their own associates, as many firms are changing the way they determine salaries and bonuses. Labor and employment firm Jackson Lewis P.C., which has two offices in the state, eliminated the billable hour metric in January.
Why bill by the hour? Perhaps the biggest reason the billable hour has lasted this long: It is an extremely profitable model for firms. According to the National Association for Law Placement, on average, firms require associates to bill a minimum of between 1,900 and 2,500 hours per year. At midsized firms, clients are charged an average of between $300 and $400 per hour. If you split the difference and charge $350 per hour for 2,200 hours of work, that’s $770,000 in annual revenue. If you use an average annual salary of $250,000, you quickly see how profitable such a setup can be for the firm.
Company officials said they will now evaluate their associates based on several factors, including the ability to work with a team, efficiency, responsiveness to clients, pro bono work and more. “Paying our people to bill more time does not align with our clients’ interest,” said Vincent A. Cino, chairman of Jackson Lewis. “We want our associates to work more effectively and work as a team, and so do our clients.” The payoff can be a healthier work environment, as tying compensation to billable hours can lead to burnout – and create temptation for fraudulent billing, especially when firms were using the number of hours an associate bills as the basis for his or her bonus. But don’t be confused: The death of the billable hour is not easy. And it is not certain. The move toward alternative fees has gained momentum, but there are corporate clients who still prefer traditional hourly billing. Cino, in fact, said that when he was considering eliminating all billable hours – whether requested or not – the idea was met with stiff resistance from some corporate clients, which still use billable hours as a means for auditing their legal services. Bill Ferreira, principal of Morristown-based Ferreira Law, wasn’t surprised. Ferreira said the success of an alternative fee or billable hour for both the firm and the client is largely dependent on the practice area or type of service being provided. With some clients, Ferreira has served as an outsourced general counsel and had success with a monthly retainer fee. “In some cases, it is so important that we are the first call our clients make that we don’t want them to hesitate because they are concerned the clock is running,” he said. But, he said, that doesn’t always work. “For certain types of cases, there is no more accurate way to assess costs related to a person’s time,” he said. He feels the billable hour will live on. “To say the billable hour is dead would be a gross overstatement,” he said.
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The scramble to adopt VoIP and cloud-based phone services means enterprises and service providers alike need to be extra vigilant when it comes to security. Thankfully, there are a number of simple measures businesses of all sizes can take to ensure proper privacy and security procedures are being followed.
A recent article from My Business Voice, an Australian VoIP solutions provider, published on WhaTech highlights what businesses can do to ensure proper security as they migrate to VoIP and cloud-based telecom solutions. One of the best things a company can do is to be aware of the risks associated with IP-based services as well as implementing well known and trusted security measures. This is a must, and service providers should also be part of this process to ensure the highest levels of security possible are achieved. The first part of this undertaking is ensuring service providers have several layers of security on their end. The customer premise requires a firewall, of course, but it must be configured properly to ensure only the necessary ports are left open. Additionally, IP addresses should be monitored and blocked after a certain number of unsuccessful access attempts. Service providers should also be providing call encryption and providing a VPN for remote users when possible. Securing devices themselves is obviously necessary and multi-layer passwords are advisable across the board. Ensuring service providers stay on top of regular software updates and security patches is also extremely important to security as well as reliability of services. Finally, VoIP and hosted PBX (News – Alert) solutions require proper monitoring and management to ensure solutions run smoothly and securely and without service interruptions. It’s important for customers to determine what types of monitoring options are available to them and ensure they are being properly implemented and used.
Have you ever ever wondered where some words and phrases come from? Here are a few we can finally stop wondering about…
Booze – A combination of the Middle English (c.1300) verb “bouse”, meaning to drink heavily, AND the name of a famous Philadelphia distiller named E.G. Booze. Ben Franklin published a book of synonyms in 1722 and used the word “boozy” as a synonym for “drunk”.
Three sheets to the wind – was originally used to describe a drunk person in 1812 to describe the image of a sloop-rigged sailboat whose three “sheets” or sails had slipped through their blocks and were thus lost to the wind, and “out of control”.
Hammered – originally meant to be “heavily defeated”, and became officially recognized in 1986 as meaning drunk.
Dashboard – the original dashboard was a board in the front of wagons and carriages to stop mud from horses hooves from splashed into the vehicle.
Limousine – comes from the name of the Limousin region in France, where the chief city is Limoge. Apparently, the people of that region traditionally wore a hood that was similar to the hood, or profile of early luxury cars.
Chauffeur – another word with French origins meaning the “stoker” or operator of the steam engine (chaud, meaning “hot”, thus “chauffer” meaning “to heat”, from the Old French verb “chaufer” –“ to heat”.
Enough drinking and driving slang – Why are we buried in a…
Coffin – early 14th C. for a place to store valuables, taken from the Old French “coffin” meaning “sarcophagus”.
Dead as a doornail – meant “insensible” in the 1300’s, and by the 1500’s meant “inactive and dull”.
Dead man’s hand – in poker comes from the pair of aces and pair of eights that Wild Bill Hickock was holding when Jack McCall shot him in 1876.
Back to drinkin…
Dead Drunk – was first used in the 1590’s, and in a “dead soldier” became an empty bottle of liquor in 1913.
Thank you to the television show – “American Slang”, and to the web-site “Online Etymology” If you ever want to grow a braincell back after all of that drinking… Check out Paul’s Pick of the week: “Online Etymology”
And a final thought…
“What the caterpillar calls the end of the world, the master calls a butterfly. – Richard Bach
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Technologists love to grouse about how “the bean counters” stand in the way of awesomeness. But guess what? That street goes both ways.
I recently had the opportunity to ask four finance executives from a range of industries — pharma, academia, consulting and retail — what irks them about IT. If you assume their complaints were industry-specific, you’re wrong. In fact, there are remarkable similarities, and the grievances flowed freely.
This might come as a surprise, as more than 80% of the IT executives responding to our 2013 InformationWeek Global CIO Survey rated their relationships with finance as good (48%) or excellent (33%). Unfortunately, your CFO may not feel quite as simpatico. Top gripes include: 1. The stickiness of the status quo: “We end up with very large budgets that keep us parked in yesterday,” says Keith Perry, VP of finance for Rexanto, which works with pharma companies to add efficiency to the supply chain. It’s the classic 80/20 conundrum, where huge investments in legacy technologies keep IT glued to the past. Most CIOs don’t like that situation any better than CFOs, but they’re often too busy keeping legacy systems running to figure out how to make the break. At least, that’s the charitable assumption. The more jaded tend to conclude that change takes effort, and automation and cloud have an inverse effect on IT job security. Thus we cling to expensive, aging data centers and manual processes. 2. The whiz-bang factor: Even as they resist some advances, CIOs are on the lookout for that next groundbreaking advance that will finally move the business to the next level — without, of course, cutting their budget or head count. And let’s face it, many IT pros are suckers for shiny demos. The problem is, hot and flashy often equals expensive and not fully baked. “IT inadequately researches the benefits and ROI prior to rushing in and spending money on new technology,” says one CFO. From another in the retail industry: “If it works, do not mess with it. There is no need to consistently update hardware to the most current versions.” A related gripe is that IT does not have a firm handle on all of the costs it generates. A new unified communications system might facilitate collaboration, but it comes with training costs and may require adding bandwidth or quality of service to a WAN. Why not just have people use Skype? If these strike you as contradictory — our CIOs won’t change with the times; our CIOs want to try too many new things — check the underlying theme: CIOs want to spend money and upgrade systems as long as they can still protect their turf. We saw this theme in our last IT Perception Survey, where only 43% of non-IT respondents said they consider their IT teams integral to the business; 54% see IT as a support or maintenance organization and not an innovator. Responses from technologists, of course, were strikingly different.
3. Failure to do risk analysis: CFOs worry not just about straight dollar costs, but risk-based costs, both total potential and average. Risk analysis is needed for basic financial decisions, like insuring against business loss or selecting between self-insuring and buying insurance, with the latter being appropriate for high-volatility situations. Risk analysis is also critical in making purchasing decisions. “I recall an example where [risk analysis] was done well,” says Perry, and as result his company invested in Connected Backup (now Autonomy), an automated endpoint data protection system that worked wherever users happened to be. “Expensive, but worth every penny given that your average laptop seems to have a half-life of 18 months but a waterfall life of twice that, and assuming that a large fraction of your laptops will fail, resulting in significant downtime.” If employees are heavily dependent on PCs and you haven’t bought new systems in a few years, it doesn’t take a high failure rate to make $100 per seat for automatic backup a good deal, but figuring that out requires analysis. 4. Delusions of, if not grandeur, then at least adequacy: Many CFOs believe that IT simply does not deliver the technology innovation they need to effectively run the business. If that again seems counterintuitive to point No. 2, you’re right. But the fact remains that every CFO I spoke with said that IT service levels do not always meet expectations given the cost. One recalled an instance in which IT made a huge investment in a set of software, hardware and processes designed — and effective — for a specific purpose. Things went off the rails to the tune of a multimillion-dollar failure when they tried to reuse the same build to address materially different problems. It was very much a “if you have a hammer, everything looks like a nail” situation. CFOs wish IT teams would know when they’re in over their heads and stop digging. Again, our IT Perception Survey backs this up: Just 18% of non-IT respondents say business users are very or completely satisfied with the quality, timeliness and cost of IT projects. Among IT, it was 29%. 5. Dismissing the “why do we need you?” question: Like line-of-business managers, CFOs are starting to look at doing more with cloud-based providers and spending less on internal IT resources. No one better understands the capex versus opex trade-off, and they’d be lying if they said the idea of gaining leverage to force IT to be more accommodating isn’t attractive. In fact, a controller from a major U.S. university says IT routinely makes projects more difficult than they need to be and blames compliance for roadblocks clearly intended to keep out cloud providers and other service providers and make IT indispensable. “I’m currently fighting to get an advisee company to move off of tape backup to something both cheaper and more effective,” says Perry — without success. “Whether this failure is because IT is treated as a cost center, so isn’t given budget for saving money, or has a cost-center mindset and simply doesn’t try, is not for me to judge.” One CFO cited an instance in which project managers overrode the CIO’s budget priorities, forcing through a major change that increased costs but ameliorated risk and added flexibility. In some shops, all of this adds up to CFOs not viewing the CIO as a key player in determining business strategy. That may be the biggest fail of all. So what to do? In our 2013 Budget Outlook Survey, Jonathan Feldman boils it down: Adopt a relentless drive to create business productivity, cut costs and create revenue with IT innovation. Get out of resourcing survival mode. Delight those who have provided sufficient resources to run a truly great operation. The CFO might add, stop thinking, and spending, like you’re the only game in town.
NEWTON — Local law firm Hollander, Strelzik, Pasculli, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz is celebrating its 50th year of service to northern New Jersey residents.
The law firm was founded in 1964 by current partner Sanford Hollander, along with Albert Trapasso, and Frank Dolan. It originally employed five other staff members in addition to the three partners.
The firm was originally housed within the Sussex & Merchants National Bank Building on Spring Street. A short time later, the business moved across the Newton Town Square to 40 Park Place, the site it has occupied ever since.
According to Hollander, the keys to the firm’s success have been its ability to evolve as the law has evolved, and by taking advantage of the opportunity to hire attorneys who are specialists in their fields. “In the beginning, we were generalists, as were most lawyers,” Hollander said. “Although Frank Dolan was a superior trial lawyer. When I came back to Sussex County there must have been 35 lawyers in the entire county. There were more cows than people.”
Hollander says law has changed with the expanding role of government creating rules and regulations.
“It’s incomprehensible how much they have proliferated over the past 50 years,” Hollander said.
He specializes in real estate transactions, estate planning and administration. The firm has continued to expand and now numbers 10 attorneys, along with 10 support staff. Each attorney is able to focus on an area of specialty, such as family law, elder law, workman’s compensation, personal injury, land use, bankruptcy, and other issues.
“There is a unique family spirit in this law firm,” Hollander said. “Everybody likes each other. We strive to serve the best interests of our clients and the public.” He is quick to add, “But that doesn’t mean that we’re not fierce advocates! We work very well with each other and with our clients. We’re always looking for lawyers who will be compatible with us and fit into our culture and philosophy.”