Mediocrity takes charge
Thanks for the great President's column in the April Bar Journal (“Escaping
the billable hours trap”). To my knowledge, this is the first time a
big-firm lawyer has been willing to openly discuss the many ways in which the
billable hour system has degraded our profession. It’s also driving the
more brilliant minds to switch to other fields, leaving the practice to be
dominated by mediocre drudges.
Even if the column doesn’t make an immediate difference in the workplace,
it’s a good start.
Paige Gold
Los Angeles
Brains for rent
From an old guy, great article. We are no longer training lawyers, just billable
technicians.
Hon. Duke D. Rouse
San Bernardino
Change needed fast
I always look forward to reading Jeff Bleich’s monthly column but, until
this one, have never found myself shouting “Yes!” at the end. I
couldn’t agree more with everything you said — except, perhaps,
your statement that this is a challenge for “the next generation of lawyers.” The
optimist in me sure hopes that change comes a lot sooner than that!
Beong-Soo Kim
Los Angeles
Why wait?
I agree that billable hours create an uneasy conflict between lawyers and
clients, and share Mr. Bleich’s view that sometimes it appears as if there
is a “perverse incentive” to keep litigating at all costs.
But if measuring work in six-minute increments means less time with family,
less time for pro bono work and less service to the community, then why do
we have to wait for the next generation to bring about change? I challenge
Mr. Bleich to be the leader of that change, now.
How? What can a one-term bar president do? Consider this: every time a national
firm increases its salary for first-year lawyers, the other big firms
quickly say “me too.” Why? Because they want to stay “competitive” and
don’t want to be seen as not offering the type of compensation that would
attract top legal talent.
Changing the billable hours trap works in the same fashion. What if Mr. Bleich’s
firm, ranked third in the nation in The American Lawyer’s 2007 “A-List” survey,
said we are abandoning billable hours and intend to bill clients not on
the total number of hours worked, but based on other objective and subjective
factors such as the type of case and result achieved. What if the firm that
has been recognized as having the “Litigation Department of the Year” by
The American Lawyer decided to have a paradigm shift in the way they measure
compensation (not based on billable hours).
Wouldn’t the rest of the legal community sit up and take notice? Wouldn’t
other large firms (competing for the same top legal talent) want to emulate
that philosophy in order to “stay competitive?”
Indeed, what if? Then, Mr. Bleich would be a catalyst for a change that he
claims if unchanged is threatening the capacity of lawyers to serve the public
effectively and may even be seen as a visionary leader that the State Bar has
not seen in many generations.
Leonid M. Zilberman
San Diego
Fairness yardstick
I wonder just what Mr. Bleich can suggest to replace hourly billing in matters
that simply do not lend themselves to flat rate or contingency billing. I have
used a hybrid arrangement on some occasions but that generally is not any more
accurate than hourly billing.
A contingency arrangement would be conducive to efforts to spend as little
time as possible on a matter, particularly in a matter that may not progress
as anticipated, even if it might harm the client. A flat rate could be
a disaster if problems arose that were not anticipated or a disaster for the
client if we start to bill, for example, like hospitals. The bottom line
is that whatever fee arrangement is used, the fairness will be decided by the
integrity of the particular firm or attorney.
Finally, I note that Mr. Bleich is a member of one of the most expensive firms
in the U.S. I do not begrudge his success but would like to see him offer a
suggested solution that works for the vast majority of us less fortunate attorneys
who bill at rates of mere mortals and nevertheless try to do the right thing.
Lee A. Garry
Sherman Oaks
Work/life out of balance
The comments on billable hours perfectly sets forth the ethical dilemma encountered
by many attorneys. More importantly, Mr. Bleich accurately described the
impact of billables upon the younger generation of lawyers. Having known many
new associates eagerly starting their high-paying jobs only to have them call
a few months later miserable and disillusioned, I see the toll billable hours
has had upon them. As one young lawyer recently told me when he left his high-paying
firm position for a government job paying substantially less, “Now I
get my life back!”
Finding a way for young lawyers to have work/life balance before they become
frustrated is critical to the health of our profession. Work/life balance
is not only an important issue for this generation, but a quality of life issue
that all of us should strive for. Partners need to step back and ask themselves:
Was it worth the sacrifice in their life to work as many hours as they did
to get to where they are now?
Rod Fong
San Francisco
Audacity of change
I think Jeff Bleich is spot on, and, at the risk of being audacious, it is
certainly worth hoping for some incremental change away from this model.
Eric MacMichael
San Francisco
Never looked back
I started my own firm in 2000 due to the high demand for billable hours in
my field, which is workers’ compensation defense. The average billing
requirement is 3,000 hours per year in the workers’ compensation defense
firms. When I would bill 250 hours per month, one of the partners asked me
if I was playing golf.
That is when I walked away and never went back. Since I run my own shop, my
quality of life is better since I am not chained to the requirements of the
big firms. I have a young associate who has a family life and does not work
every weekend, unheard of in our field. Mr. Bleich barely touched on the damage
that billable hours actually does to the young lawyers with families and children,
who are the ones who really suffer from what our profession requires.
Sharon Renzi
Anaheim
Better than the alternative
The article displays a lack of being in touch, or an understanding of how
law is actually practiced in California. Mr. Bleich should be made aware that
a large share of attorney representation provided to people “needing
access to legal help” is done by contingency fee lawyers, whether that
be in personal injury, workers’ compensation, social security disability,
etc. — so billable hours is not even a consideration. The remainder of
the legal needs of this category of client is typically provided by solo attorneys
or a small law office.
Such attorneys are for the most part keenly aware and sensitive to the financial
ability of their clients to pay legal fees in order to avoid time-consuming
collection problems, and to best preserve positive client relations. Toward
this end, attorney fees are frequently adjusted downward; or it has become
almost standard practice for routine cases to be accepted on an agreed flat
fee basis from the outset.
So what is the problem? Unless Mr. Bleich can come up with a better way, billable
hours are a convenient management and information tool with which to organize,
monitor and control an office. This is above and beyond its utility for the
billing of attorney fees. In any event, it is certainly better than Mr. Bleich’s
implicit suggestion of sending a bill to a client with an undocumented and
unexplained dollar amount “picked out of the air,” followed by
the solitary statement “for services rendered.” Let me assure you,
no client I have ever had would find that acceptable.
Jim Murphy
Wilkes-Barre, Penn.
The good old days
Wishful thinking is for today’s billable hour system returning to the
good old days — honest pay for an honest day’s work.
Mel Lee
San Francisco
Let them resign
Re: “Board tightens disciplinary resignation rules” (April). I
believe refusing to accept a “resignation with charges pending” from
lawyers is not a wise policy. The purpose of the State Bar discipline system
is (or should be) to improve the quality of legal services provided to society.
A lawyer who is resigning will, by definition, not be providing legal services
to society. Prosecuting that individual will simply waste resources.
If these individuals have embezzled client funds, committed any other crime,
or if they illegally begin practicing law after resignation, then they will
be prosecuted in the criminal system. There is simply no good policy reason
for the State Bar to “beat a dead horse.”
Our bar dues are high enough. I don’t think we should be paying more
dues to pay for prosecution of individuals who are leaving law practice.
Saman Taherian
Saratoga
A no vote
The April Bar Journal mentions that the bar is considering making mandatory
electronic dues payment. No details are given. While I support the use of the
Internet for routine bar functions, I cannot support a bar rule that mandates
electronic payments to the bar.
Bar members should have the choice if they wish to use electronic means to
make payments. Some of us choose not to make electronic payments in other areas
of our lives, and the bar should not force us to do so just to maintain bar
membership.
Terrance Mahurin
Ojai
No health benefits
Having just read “New member benefits at CalBar Connect” (April),
I was struck by the omission of the single most important benefit of all: Group
Health Insurance. The value of this benefit would easily outweigh all the other
benefits combined.
As a sole practitioner, I, like so many others, have no access to the affordable
rates that a group our size could negotiate, and consequently pay through the
nose to provide myself and my family with health insurance. If the State Bar
is truly interested in providing our members with “benefits,” why
has Group Health Insurance been forgotten?
John Brantley
Playa del Rey
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