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By: Julian Summerhayes

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Mark

I now find this debate almost entirely sterile (sorry – no I am sorry to be putting it so bluntly). I joined my first law firm in 1996 and the then senior partners were just being exposed to the notion of time recording, billable time and utilization. They hated it. And it wasn’t just because of the need to do it, it was the fact that it made the job so less enjoyable when the focus was entirely, and in a self-serving way, on the partners/partnership. Previously they had spoken to the client about costs, but they were much more interested in doing the best job possible. And that’s the point. Where it does it say: “That client was so delighted with our service when we billed them X (and made Y profit)?” Or “The client never asked about the cost because they thought we cared.” This is not me looking at things through Rose Coloured Specs – heaven no – but in all the discussion about ‘money’ it obscures the fundamental aspect that is so missing these days: you are in business to serve. Period. The process needs to be informed by the client. You will be familiar with Valorem Law – the firm that says pay us what you think we are worth. Even if this is a stretch too far, what about offering a 100% rebate if the client is not entirely satisfied or a no quibble guarantee? How many firms have service standards for returning a phone call in 10 minutes or offering money off of the bill. I could go on. As to the money issue, I worked in 5 law firms from £3M to £40 t/o. I didn’t come across many poor lawyers. Poorly paid support staff, or huge differentials with the bottom and the highest paid. Yep, there is a lot of that. Pricing is just one issue but unfortunately takes up a disproportionate amount of discussion time because it is linked to the partners profit. How about linking things more to performance? And you also have to bear in mind that legal aid work and other streams of work that are vital in some communities cannot be driven purely by profit. Enough for now I think. You probably get the point.

Best wishes
Julian

PS I look forward to seeing what the New Year brings.


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