The Ten Commandments (of Billing)

As an exercise for my ethics class, I had each student write down their top ten commandments of billing in the hope that they would both learn and have these rules in a nice, easy place to find and print once they start practice. As the Ten Commandments was on this past weekend, it seems appropriate to post the top Ten Commandments from the class.

1.  Thou Shall Keep Track of One’s Time, Whilst Not Waiting Until the End of the Month to Write Them Down.

2.  Thou Shall Scribble Thy Fees on Papyrus and Present Them to Thy Client

3.  Thou Shall Not Overbill, Nor Double Bill, Nor any Multiples Thereof

4.  Thou Shall Not Bill Your Client for an Hour of Work Because You Thought About the Case for Two Minutes in the Shower

5.  Thou Shall Not Runneth The Meter for Additional Billing Hours

6.  Thou Shall Not Wing It; Thou Shall Have and Hold to Thy Billing Guidelines

7.  Thou Shall Not Recycle Thy Work as if It Had Been Born Anew

8.  Thou Shall Return Thy Clients’ Phone Calls

9.  Thou Shall Not Sue Thy Clients for Unpaid Bills (Unless You Want to be Countersued for Malpractice)

10.  Thou Shall Not Sell Thy Soul to a Firm with Billing Requirements that Do Not Meet Thy Personal Expectations for a Work and Family Balance

Are we missing any of your favorite commandments?  What else should we make sure our students think about in order to avoid the messiest of conflicts–those with clients?

2 thoughts on “The Ten Commandments (of Billing)”

  1. Thou shalt never describe different episodes of work on the same task for the same client with the same wording; thou shalt initiallly review; begin, continue with specific subparts; complete a preliminary version of; analyze; review and revise; finalize; dispatch; and follow up regarding a task.

    Thou shalt state what every communication is regarding;

    Thous shalt charge a flat fee work for which you have good form and efficient staff;

    Thou shalt not commerce work for an out of state client without a large retainer;

    Thou shalt not enter an appearance without a retainer;

    Thou shalt not work for a client with an unpaid prior lawyer no matter how sympatheic the client’s plight;

    Thou shalt not bill a client for social conversations;

    Thou shalt resist the temptation to assert an attorneys’ lien in a client’s file materials;

    Thou shalt insist that corporate officers personally guarantee their company’s invoice;

    Thou shalt always analyze issues rather than having office conferences with other lawyers of the same firm;

    Thou shalt not make the same time entry as another attorney in the same case at the same firm on the same day;

    Thou shalt not bill a client to discuss the client’s bill;

    Thou shalt not bill a client for a parking ticket;

    Thou shalt write down unpaid fees in matters that end with epic fails;

    Thou shalt always bill time and costs to the correct client matter;

    Thou shalt always proof read thy bill before delivering it;

    Thou shalt strenuously avoid advancing costs;

    Thou shalt bill for the entire time spent handling a telephone call, not merely for the moment actually spent on the telephone;

    Thou shalt bill for the time spent in the court house lobby, but not for time spent in the law firm lobby;

    Thou shalt tell a client in advance when an initial consultation is not free;

    Thou shalt not bill a client for one’s own ineptitude with technology;

    Thou shalt carry out one’s threats to withdraw for non-payment as soon as practicable;

    Thou shalt identify by name or title every person with whom one communicates;

    Thou shalt note on one’s bill every telephone conference, e-mail, and in person conversation, even if the time is written off;

    Thou shalt not spell a client’s name incorrectly;

    Thou shalt keep billable hour records even if thoust is charging the client a contingent or flat fee;

    Thou shalt not underestimate thy fees;

    Thou shalt ask for retainers and payment when a client hast not yet run out of money;

    Thou shalt understand the case before accepting a pro bono client;

    Thou shalt not bill for time spent on the beach in a case that is not an admiralty case;

    Thou shalt alway note the parties to a business meal on the receipt and save the receipt;

    Thou shalt not bill a client for office coffee, pens, unadored paper products or pencils;

    Thou shalt raise thy rates rather than padding thine hours;

    Thou shalt file all documentation of a matter’s costs in a single file folder;

    Thou shalt bill a client for time spent preparing for anything;

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