This article discusses
- client perceptions based on billing.
- client expectations of billing.
- the importance of a billing protocol for each client based on client engagement documents.
- checklist for attorney and staff bill preparation.
An attorney's client seemed to be particularly distrustful of the quality of legal service he was receiving. The attorney had the feeling that the client was constantly checking to see if he was doing the work correctly and providing appropriate counsel. The attorney did not think he was being unduly paranoid. The client often asked about a point of law or cited a similar circumstance that he had "heard about."
Finally, the attorney decided to ask the client outright why he did not seem to be comfortable relying on him. The attorney was in for a surprise! The client was more candid than he expected and more than the attorney felt he would have been if their roles had been reversed.
Specifically, the client thought the billing was not as he understood it would be. It was often sloppy with frequent typing errors and printed on sometimes wrinkled or smudged paper. Even though the attorney had discussed several options with the client in terms of billing periods and amounts of detail, their consensus on an option was not what the client received. Each bill seemed to the client to be vague. When time expenditure was listed, several different rates were evident with only initials for reference. The description of the activity made little sense to the client. Further, the client had no idea what had determined the varying hourly rate.
The attorney learned a great deal from this experience. He immediately explained to the client the nature and function of billing amounts, initials, and descriptions. He promised to produce bills which could be easily understood by the client and which would be more acceptable in terms of appearance.
In a multi-attorney situation, the lead attorney is ultimately responsible for checking and approving the billing to each client. This attorney's job is to examine each invoice carefully to ensure the manner; frequency and form are exactly as decided upon in the initial engagement agreement.
The appearance of the billing is as important as the amount. Lack of attention to that detail can result in a considerable amount of client upset and distrust. If the billing is not closely watched by the attorney, the client may doubt the competency of the legal work itself, particularly the work performed by the attorney's staff.
After a new client is engaged and the first bill has been sent, the attorney should telephone or visit the client to sound out possible concerns or confusion. In this way all future bills can meet client expectations and any billing problems can be eliminated before they really begin.
Administrative staff should understand the importance of the billing procedure as well as its delicate nature with regard to its role in client satisfaction. A checklist can be developed to help staff understand exactly what is expected of them:
- Was the engagement promise regarding billing followed exactly?
- Had the bill been recorded in the attorney's records?
- Is the work description adequate and appropriate for the lay client?
- Is the relevant personnel description appropriate for this client?
- Is the work for period billed or matter involved submitted on a form clearly labeled "Invoice" that is distinctly different from correspondence?
- Is the monthly statement of account which indicates the history of payments and charges for trust account and services clearly marked as such?
- Does the physical appearance conform to standards?
- Is typing legible?
- Is the bill error free?
- Is the paper perfect, flat, and clean?
- Has the "lead" or "billing" attorney reviewed the bill?
- If this is the first bill to a new client or a large sum to be paid in full, has the attorney signed a thank you note to be sent when the client pays the bill?
