1.9 Billing Practices and Procedures

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2022 Ed.)

1.9 BILLING PRACTICES AND PROCEDURES

1.901 Timekeeping.

Accurate timekeeping is essential. Time entries should be detailed and attorneys should remember that timekeeping provides a "disguised marketing" opportunity to remind the client of the work performed and its value. While no time entries should be falsely enhanced, an entry such as "researched applicable standard of review for inclusion in appellate brief" is more enlightening to a client and, thus, more likely to generate payment than a generic "research" entry. Many corporate or insurance carrier clients have guidelines for time entries. Many forbid "block billing," consisting of aggregate entries in which various tasks are calculated in one block of time, and require itemized entries instead.

Attorneys typically keep track of time entries in increments ranging from tenths of hours to quarters of hours. Smaller increments are more desirable, as larger increments are more likely to be challenged both by clients and courts. ¹²⁵

Attorneys use different methods for timekeeping, ranging from jotting down time over the course of a day to using software programs that integrate timekeeping and billing. Computer programs for timekeeping often use a stopwatch that can automatically calculate the amount of time spent on each task.

1.902 Billing and Collecting Fees.

Clients should be advised about billing procedures, payment expectations, and payment terms at the outset of the engagement. Monthly billing is preferable because it prevents surprises and permits the client to monitor the costs and benefits of proceeding. Lawyers should review bills before issuing them to correct any errors and to make any needed adjustments.

If an account is overdue, prompt...