There is no shortage of talk about the importance of lawyers delegating legal work to other lawyers and paralegals. Despite that, I have always believed that lawyers should not delegate work that they do not know how to do themselves. I questioned how anyone can check the quality of work done by their law clerks or associates if they do not know what a good job looks like.
An important element of a law firm’s culture is the manner in which it designates ‘client lawyer’ status, or ‘client origination credits’ (“OCs”).
By way of background, there are three ways to earn money in a law firm.
Let me tell you about two different law firms.
Big Law Group One is a well-respected Canadian firm with many hundreds of lawyers, some of whom appear to be happier than others. Some of their dearly departed professionals have told me distressing stories about their lives at that firm, and the effect that the work demands had on their mental health. They also shared with me their feeling that the firm let them down when they required accommodation to recover from their mental health problems. They painted a picture of a firm which did not care much about its people, especially after those people became unable or unwilling to continue to sacrifice their health on the altar of billable hours.
Those of my era may remember the comic book character known as “Richie Rich.” Nice little kid, but being brought up by wealthy parents, he was not on the same wavelength as some of his friends.
My friend Stan had a law partner who was kind of like a wannabe Richie Rich. He wasn’t rich yet, but by God he planned to be!
I was the managing partner of a law firm for a while. At that time I saw myself as being something like Cassandra, who the Gods punished by giving her the ability to foresee the future while dooming her to never be believed. I used to try my best to convince my partners to see things my way. After all, I knew how things were going to turn out if they did not listen to me. Not only did some of them not listen, but they actively tried to subvert the things that I was doing for their benefit.
Sometimes I meet a young lawyer whose career goal is to work in Big Law. That path might not be my first choice, but as long as they know what they are getting into, they should go for it. This article is not about those folks.
A friend of mine, who I will call Bill, was named as a Best Lawyer. Bill is a sole practitioner in a narrow specialty, and I am inclined to believe that having his peers vote him that award is meaningful. Unlike some of the multitude of lawyers in large firms who won similar awards, Bill did not have hundreds of colleagues to vote for him.
Unfortunately, you will not find Bill’s name in the online directory of Best Lawyers because he declined to pay the minimum fee of $1,595 per year (supposedly reduced from $1,850).
“Work hard, earn a great living, get whatever you want out of life, have all the stuff you want. But there should be a ceiling on it-enough is enough!”
~ Sandy Duncan
I used to think that I was a fairly sophisticated guy. I got me an education. I was a partner in a law firm. I advised some successful clients. But since I retired, moved to the country, and bought a pick-up truck, I have been rethinking some things and I realize that perhaps I am, and have always been, more of an Okie from Muskogee, or in Canadian terms, a hick from Temiskaming. And I am happy to be one.
A young lawyer named Eve called me today about a fee dispute. She had quoted an hourly rate without providing an estimate and had issued an interim bill for the time that she spent. The client did not think that it should have cost that much but was willing to pay it. However, the client wanted the rest of the work done within her budget.
“Estimating is what you do when you don’t know.”
~ Sherman Kent
A young lawyer named Eve called me today. She had made the same mistake that I made numerous times in my first few years of practice. She had quoted an hourly rate for reviewing and reporting on a draft agreement without providing an estimate, and then issued a bill for her time.
The client said that the bill was too high. Never in his wildest imagination had he contemplated that the job would take that much time. He did not want to pay.