better billing for lawyers

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#ClioWeb Better Billing for Law Firms Joshua Lenon – Clio Janelle Benefield - Lawpay

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Page 1: Better Billing for Lawyers

#ClioWeb

Better Billing for Law FirmsJoshua Lenon – Clio

Janelle Benefield - Lawpay

Page 2: Better Billing for Lawyers

#ClioWeb

Instructors

Joshua Lenon

• Attorney, admitted in New York• Lawyer in Residence at Clio

Janelle Benefield

• Product Development at LawPay

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1. Billing Woes (5 minutes)2. Tap into Billing Data (10 minutes)3. Bill Processes (10 minutes)4. Payment Methods (15 minutes)5. Best Billing Practices (10 minutes)6. Conclusions (5 minutes)7. Questions (5 minutes)

Agenda

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BILLING WOES

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Billing Woes

• Firms with past due bills affect 10- 39% of client accounts.

• 45.6% say collecting on invoices 90 days past due “unlikely” or “very unlikely.”

• 71.2% offer discounts prior to invoicing

Source:.“Law.Firm.Billing.Survey,”.Business.of.Law.Blog,.08/28/2014.

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43%

43%

14%

Yes,.undocumented

Yes,.undocumented

No

Source:.“Law.Firm.Billing.Survey,”.Business.of.Law.Blog,.08/28/2014.

Does Your Firm Have a Billing Process

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Source:.“Law.Firm.Billing.Survey,”.Business.of.Law.Blog,.08/28/2014.

Does Your Firm Analyze Client Billing Trends?

72%

18%

10%

No

Yes

Unsure

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TAPPING INTO BILLING DATA

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Lock-Up

Unbilled work in progress plus debtor days

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#ClioWeb

Lock-Up Data

- 1/3 UK law firms had lock-up in excess of 150 days

- Average number of lock-up days of 109 on average days

Source:.“Unlocking.lockNup.days,”.The.Law.Society.Gazette,.02/09/2012,.andNatWest.2015.Financial.Benchmarking.Report.–Law.Firms

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What Data Do Lawyers Track?

• Hours• Rates• Types of Cases• Lengths of Cases• Case Resolution Outcomes• Clients’ Legal Histories• Amounts Billed• Payments Received

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Ways to Generate Data

• Bills Sent

• Bills Paid

• Payment Methods

• Tracking Time

• Custom Fields

• Expenses

• Consistency

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What Can Lawyers Determine?

• Financial Health of Firm• Profitability of Clients Over Time• Average Earnings Per Case by Practice Area• Profitability of Practice Areas Per Effort• Productivity of Associates• Projected Workload by Case Type

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Clio.com

4,500,000 matters

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Monthly Billing Data

• ~115,000 bills generated in the first 3 months of 2015

• 36.5% of those bills were marked as paid on the SAME DAY– Trust Accounts Advanced Fee

Deposits– Flat Fees Upfront– Credit Card Payments

Unpaid63%

Same.Day.Paid37%

Q1'2015'Bills

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Bills not paid on the same day took 22 days to close

on average.

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Billing Data Conclusions

• Billing problems start months BEFORE issuing a bill.• Law firms generate lots a data around billing.–Work in Progress Reports– Accounts Receivable

• Lawyers CAN get paid quickly, but need a process.• Lack of process leads to further delays

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BILLING PROCESSES

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Traditional Billing Process

1. Hourly Billing2. Generate Invoice at Matter’s End3. Mail the Bill4. Sticker Shock5. Wait

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Modern Billing Options

Source:.Patrick.Johansen,.CLM,.CPP,.“Patrick.on.Pricing,”.http://www.patrickonpricing.com/continuum

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Alternative Fee Arrangements

• Flat Fees for entire matters– 20% of GCs require flat fees in ACC CLO 2015 Survey

• Unbundled Legal Service– 47% of solo practitioners and 43% of those in firms of 2 to 9

lawyers report providing unbundled services. 2014 ABA Legal Technology Survey Report, at IV-xii.

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Client Preferred Pricing Strategies

• Transparent pricing - 37%• Guaranteed pricing - 27%• Value-based pricing - 26%• Lowest price - 10%

Source:.Altman.Weil.2014.Chief.Legal.Officer.Survey

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Big Law Approach to Billing

• Regular time input• Digital bills and payment options• Frequent billing• Staff for accounting and collections• Discouraging write-offs

Source:.“Firms.Turn.to.Specialists.to.Boost.Collections,”.New.York.Law.Journal,.12/08/2014

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Discounting

Discounts & write-offs rewards good and bad clients alike. <10%

10N19%

20N20%

30N39%

Late'Bills&'Discounts

Often NeverSource:.“Law.Firm.Billing.Survey,”.Business.of.Law.Blog,.08/28/2014.

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Discounting

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PAYMENT METHODS

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Janelle BenefieldProduct Development

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• 170 million cardholders• 413 million credit card accounts• More than $2.28 trillion was spent on

credit cards in 2014

CURRENT TRENDS

ProQuest; US Census Bureau; Nilson Report; ID 245385, ProQuest; US Census Bureau; Nilson Report; ID 245385, New York Fed; ID 245434

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Predicted Growth of Credit Card Payments

CURRENT TRENDS

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What is the catalyst to the growth

in electronic payments?

CURRENT TRENDS

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ATM CARDS AND CHECKS

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DEBIT CARDS

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WHAT DOES THIS MEAN FOR YOUR FIRM?

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PAPER OR ELECTRONIC

How are Bills Paid in Your Firm?

vs.

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ONLINE PAYMENTS

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1. Ensure client funds are handled correctly 2. Update client agreements 3. Verify compliance and security

THREE THINGS TO CONSIDER

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Separate Earned & Unearned Fees

ENSURE CLIENT FUNDS

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UPDATE CLIENT AGREEMENTS

Sample Language

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• PCI stands for Payment Card Industry compliance

• Created in 2006 by card brands to reduce fraud

• Good business exercise to assess security

VERIFY COMPLIANCE AND SECURITY

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PAYMENTS ASSESSMENT

• Card brands do the work for you• Quick payment turnaround with card payments

Are your clients credit-worthy?

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PAYMENTS ASSESSMENT

Does your firm ever encounter past due clients?

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BILLING BEST PRACTICES

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Billing Best Practice #1

Walk clients through their first bill

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#ClioWeb

Billing Best Practice #2

Don’t wait to send a bill.

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Billing Best Practice #2

Source:.How.to.Start.and.Build.a.Law.Practice,.Jay.Foonberg

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Billing Best Practice #3

Send Detailed Bills

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Billing Best Practice #3

Re: F/UJohn.Doe the clientJ..Doe john doe

Source:.Aluvion Law.Firm

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Billing Best Practice #3

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Billing Best Practice #4

Make it easy to get paid

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Billing Best Practice #5

Get paid first

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Billing Best Practice #6

Don’t skip trust accounting & regulatory duties

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CONCLUSIONS

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Conclusions

1. Billing currently troubles many firms.2. Better billing starts before you send the bill.3. Client are seeking transparent bills; not lower bills.4. Timing matters with billing. Bill consistently &

frequently.5. Use alternative fee arrangements to avoid

collections.

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QUESTIONS

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Social Media: What Lawyers Need to KnowJuly 21, 2015 11:00 AM PT

http://gocl.io/socialmedia

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Thank You

Joshua Lenon

[email protected]

@JoshuaLenon

Linkedin.com/in/joshualenon