Ask the Mentor

Dear Mentor:  
I’m having trouble with billing and meeting my billable hour requirement. Why am I at the office for 12 hours but only have 7 hours written down? I’m a second-year attorney and it still takes me a much longer than I think it should to finish projects. I feel like I can’t record all my time because it takes too long, but then I can’t meet my minimum hours. Help!

Signed, 
Catch 22

Dear Catch:

I hear you. For newer attorneys, billable hour requirements can be tough. Expectations typically range from 1,700 (manageable) to 2,300 hours per year (you’re working on weekends, for sure).

Let’s say your billable hour requirement is 1,900 annually. If you plan to take three weeks of vacation and other paid time off, you’ll need to bill 38.75 hours per week, or 7.75 billable hours per day, Monday through Friday. That generally means being at the office — or working remotely, if you have that luxury — for 9-10 hours a day, unless you want to work on weekends. It’s impossible to bill every single minute you’re at the office; no one is that efficient.

Two common hurdles tend to prevent attorneys from hitting their targets:

1. You don’t write down all your time because you think the project is taking too long. 

2. The partner in charge writes off some of your time because you took too long and she can’t justify billing it to the client. 

Some firms will count these written-off hours toward your billable hour requirement, but many will not. You have to find a way to be more efficient.

How to Solve This Problem?

1.        Become More Efficient

Efficiency is a skill that can be learned. It takes discipline, practice and real commitment, but it can be done. 

In your first five years of practice, it will take longer to complete projects. You don’t know what you’re doing yet, and you don’t want to make a mistake, so you spend a lot of time making sure you’re getting it right. Totally understandable. But the sooner you can increase your efficiency, the better positioned you’ll be.

Here are a few strategies to implement right now:

• Disable digital distractions.
  • Turn OFF audible notifications. Put your phone in a drawer! Distraction is the enemy of efficiency. You must control your phone; do not let it control you. 
• Control your environment. Shut your door to minimize interruptions.      
• “Zoom out” and “Zoom in.”  
  • Zoom out to see the big picture: After you’ve done your research and analysis, imagine that you have only five minutes left to write the brief or declaration or whatever. Ask yourself: What’s the big picture? What are the key points I must make?  
  • Zoom in: Now zoom back in and add facts to support those key points, but keep zooming back out. When you don’t zoom out often, you get lost in the weeds — and you can spend lots of unproductive time there.
• Create a “Samples” File. Start a folder – physical or digital – to store strong work product (briefs, declarations, motions, etc). After lawyering for a while, you won’t remember the name of that case where you filed a complaint for tortious interference or that summary judgment motion on libel. When you finish a brief or motion, either save a hard copy in a samples file in your desk drawer or online in a samples folder. Reinventing the wheel takes time = less efficiency. 

And yes, I realize most document management programs let you search for sample documents in their system, but you can waste a lot of time searching (“What did I name that thing again?”). Why not just quickly turn to the sample you saved in one convenient folder?

2.        Clarify Time Expectation with the Partner

Often, partners won’t say how long a project should take. Sometimes they don’t know. The law could be complex, the facts dense, or the end goal undefined.

After some preliminary research, check in. Tell the partner:

• What you’ve found,
• How much time you’ve spent, and
• What you plan to do next.

Maybe you’re going down the wrong road because you didn’t know some facts the partner knew. Maybe you’ve learned the area of law is complex and it’s going to take a long time to figure things out. Maybe the client is not cooperating and it’s taking a lot of time to get documents you need.  

All of these scenarios have one thing in common: a respectful focus on time and efficiency. Checking in with the partner shows you understand something fundamental about the business of practicing law –- you can’t spend all the time in the world on a project and expect the client will pay for it.  

It will also show the partner you understand the need to be as efficient as possible so you can avoid written-off hours. 

Maybe the partner has a way to get the client’s cooperation right away. Maybe the partner can focus your attention on certain facts or share one of her own samples. These things save time, and an early check-in helps you do that.

3.        Don’t Let Perfection Become the Enemy of Good

Have you edited that declaration so many times you can’t remember how many drafts you’ve gone through? I thought so. If your work is clear, accurate, and well-supported, move on. Aim for quality, but don’t stall productivity.

4.        Invest in Professional Billing Skills: Coaching, Classes & Resources

Improving your efficiency and billing practices is not just about working harder – it’s about working smarter and proactively seeking out resources to accelerate your growth. There are several effective ways to develop this essential skill set:

• Hire a Professional Coach: If your firm isn’t offering time management or productivity training – or you want confidential support – consider hiring a professional coach. Over four to six weeks, a good coach will help identify habits that slow you down and suggest proven improvements. Top professionals, from  CEOs and athletes, regularly work with coaches to improve performance. Attorneys can benefit, too. Learning from someone with decades of law firm experience can fast-track your growth. 
• Take MCLE Classes Focused on Billing & Efficiency. Bar associations routinely offer MCLE courses on:
  • Billing practices
  • Time management
  • Legal ethics in client billing

You can find these as live seminars, interactive webinars, or on-demand recordings that fit any schedule. 

• Practice Management Software Training. As most firms now use specialized time-tracking and billing software, seek out tutorials on leveraging these systems efficiently. Mastering the tools your firm uses can significantly reduce unproductive time and error.

You’re not alone in facing these challenges. Practicing law is both demanding and learnable. With deliberate improvements in efficiency, communication, and mindset, you’ll get there.

Lesa Christenson, CFLS, has been an attorney since 1985 and practices family law and mediation at ABC Family Law & Mediation, APC and Moore, Schulman & Moore, APC. She also teaches young attorneys the practice skills they need to excel in law firms through her training and coaching company, New Attorney Secrets.