Avoiding Law Firm Implosions by Mandating Firms to Undergo Annual Stress Tests

Avoiding Law Firm Implosions by Mandating Firms to Undergo Annual Stress Tests.

I Know You Hate Keeping Time Sheets, but Even in the New Era You Must Still Do So and Here’s Why

Time sheets – the bane of lawyers everywhere – you can’t live with them and you can’t live without them.

The endless debate continues as to whether in this era of AFA’s, fixed fees and the like, lawyers and law firm managers continue to debate the question of whether we still need to be bound to the ball and chain of time sheets. The answer is a resounding “Yes!”

There are numerous reasons: First, in any fee application in which a court approves fee awards, courts require detailed and contemporaneous time sheets.

Second, The Model Code of Professional Responsibility does not explicitly recite AFA’s as a permissible method by which to charge a fee. The hourly rate remains the Model Code’s gold standard.

Next, some courts have actually held that fixed fees are unethical and unenforceable and the only method to recover on a quantum meruit basis is through time based billing.

With project management becoming such a key fixture in the profession, contemporaneous recording of time is key to the success of project managers.

And recording time spent on all firm-related matters is key to management; assuring that time-keepers are on task and then, at year end, assessments of the contributions made by all members of the law firm can only be objectively made by having a full and complete record of every lawyer’s contribution at every level.

A Cost Way Too High to Pay: The New York Times on the Price of Law School Tuition

A Cost Way Too High to Pay: The New York Times on the Price of Law School Tuition.

A Cost Way Too High to Pay: The New York Times on the Price of Law School Tuition

Is there any rational basis for the outrageous cost of law school tuition? Not by any measure.

There are currently billions of dollars in defaulted law school tuition loans, much of it guaranteed by the federal government. At the same time, the number of law school graduates obtaining meaningful employment continues to plummet, while law schools continue to raise tuition and increase the number of seats for law students. Even as the number of jobs for recent law school graduates continue to plummet, starting salaries for lawyers are also on the decline to the point that recent graduates cannot afford to amortize their student loans and provide themselves with food, clothes and shelter.

In a classic game of passing the buck, the law schools blame the ABA for imposing costly requirements, law school professors disclaim any responsibility, claiming that to attribute blame to them is akin to blaming the proliferation of roaches because of the ban on DDT is akin to blaming the roaches. They also claim that the high cost of legal education is due to outmoded guild rules and that law firms need to justify high hourly rates to pay for recent graduates. Law firms blame the schools because new associates need to earn enough to pay for their student loans. Law firm clients are saying “whoa, this is none of our business; we’re not paying for training first and second year associates.”

This whole Alphone and Gaston thing is slowly crumbling, while nobody seems to be paying attention, as unregulated providers of legal services, not having even attended law schools or having been admitted to any bar, are gaining significant market share.

The entire existing eco structure is simply crumbling before our very eyes.

What are the Most Significant Legaltech Changes You Have Seen During Your Careers?

What are the Most Significant Legaltech Changes You Have Seen During Your Careers?.

What They Don’t Teach Law Students: Lawyering

What They Don’t Teach Law Students: Lawyering.

What They Don’t Teach Law Students: Lawyering

Jerome Kowalski Kowalski & Associates November, 2011   David Segal, a venerable reporter for The New York Times continues his series of feature length exposes on the serious shortcomings and often blatant fraud in modern American legal education in his piece today entitled “What They Don’t Teach Law Students: Lawyering” . I previously addressed this critical [...]

Now that Clients Won’t Pay for Training Young Associates, How are We Going to Teach Young Lawyers the Skills of Lawyering?

Now that Clients Won’t Pay for Training Young Associates, How are We Going to Teach Young Lawyers the Skills of Lawyering?.

Now that Clients Won’t Pay for Training Young Associates, How are We Going to Teach Young Lawyers the Skills of Lawyering?

We still need to train our young lawyers the practical skills of day to day to day lawyering.

The cost of recruiting and then training young lawyers is enormous. If we add the hard costs of recruiting summer and first year associates, the soft costs of recruiting, the compensation paid to summer associates and first and second year associates with the expectation of producing a productive and profitable third year associate, the cost per lawyer may well approach a staggering $1,000,000 per lawyer at some law firms. This whopping expense was made less painful when we were able to charge clients an hourly fee for teaching our own lawyers basic skills. But, those days are gone. Clients are not willing to pay for first and second year associates.

Well then, how are we going to train new lawyers? How about if we followed the rest of the world and imposed some form of clerkships?

But, let’s be clever and call them fellowships.

A NEW LAW SCHOOL MISSION (via The Belly of the Beast)

What is the Mission of Law Schools? Jerome Kowalski Kowalski & Associates May, 2011 Is the mission of a law school to create a turnkey associate for BigLaw firms? On the occasion of the retirement of Dean David E. Van Zandt from a distinguished 30 year tenure as dean of Northwestern University of Law, noted [...]

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