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.

Alternative Fee Arrangements and Value Billing: Lesson IV – Drafting the Alternative Fee Arrangement Agreement

With the increasing proliferation of Alternative Fee Arrangements and clients’ demands for value billing, rather than hourly billing, we turn to some of the important issues in drafting an AFA agreement. Recent surveys show that 45% of corporate law departments require AFA’s; 90% of law firms routinely offer Alternative Fee Arrangements. Recent litigations between law firms and disaffected clients too often resulted in the law firm getting the short end of the straw and losing lawsuits, I believe because insufficient care and attention was devoted to the drafting of the AFA agreement. Having spent a substantial amount of time recently with law firms in preparing AFA agreement templates and having been consulted as an expert witness in some pending cases, I share with the reader some of the lessons learned.

Great lawyers and grand law firms, while exerting every effort on behalf of their clients, assuring that no stone is left unturned and no contingency affecting their clients is not addressed, have not always done the same for themselves in protecting the law firm in drafting an AFA agreement. Here are some important basics.

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