In an earlier installment on effective and efficient billing practices, we covered the “lay of the land” on billing successfully for both seasoned practitioners and new attorneys. This summer edition promises not to disappoint, covering such topics as billing guidelines and risk management. The art of billing is an inevitable part of any law practice, so buckle up, because the devil is in the details.

Billing Guidelines

It is an essential practice to develop a written set of billing guidelines as part of the engagement agreement with a client. Apart from the obligations set out in the RPCs (see ABA Model Rules 1.4 & 1.5), attorneys have an interest in maintaining written billing standards agreed to by the client for transparency in collecting fees and for the defense of potential claims centered on the attorney’s bills. As a matter of practice, most institutional clients require acceptance of and adherence to their own set of established billing guidelines as part of the retention. These standards serve as the blueprint for billing throughout a given representation, and set out various requirements and prohibitions for getting paid. At the outset, be sure to develop a familiarity with the billing guidelines for a given matter, which typically includes such details as timing of the client’s invoice, payment schedules, personnel rates, and task-specific guidelines. Not being cued in on a client’s billing particulars can lead to swift phone calls from the client, rejected invoices, outright nonpayment, and client dissatisfaction.

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