Vol. 32, No. 6, 5. Ethical Billing Tips to Get Paid.

• Author: By Lynda C. Shely

Wyoming Bar Journal

2009.

Vol. 32, No. 6, 5.

Ethical Billing Tips to Get Paid

Wyoming LawyerIssue: December, 2009Ethical Billing Tips to Get PaidBy Lynda C. Shely The following ten billing tips were first presented at the Wyoming State Bar Annual Meeting and Judicial Conference in September. This article summarizes the ethics considerations and practical client relations issues in billing matters.

1. Have a Written Fee Agreement - Even Though it Might Not Be Required

   Although the Wyoming Rules of Professional Conduct, ER 1.5(b) do not require a written fee agreement, it is a really, really good idea. Particularly in this economy, the goal is to avoid any misunderstanding with clients about how and when they need to pay your legal fees. In the written fee agreement include the following topics:

   a. Who is (and IS NOT) the Client?If someone other than the client is going to pay the legal fees, include an Ethical Rule 1.8(f) clause indicating the client is the only person who controls the representation, the client must consent to the disclosure of confidential information to the third party, and if a refund is due, it goes to the payor. b. What is the Scope of the Representation? c. Fee and Cost CalculationWhether it is hourly, flat or contingent - explain how the client will be billed and how a refund, if any, might be calculated. d. Client Responsibilities e. Termination Provisions for YouRemind clients that if they do not pay (assuming there is no trial date), do not cooperate or engage in conduct that would require that you violate the Ethical Rules, you will withdraw. f. File Retention PolicyTell clients up front that you will send them copies of all documents during the course of the representation and they need to KEEP those courtesy copies as their file - and you will keep your copy of the file for whatever number of years you must according to statutes and your malpractice carrier (usually five years).

2. Bill Regularly - Even When There is Nothing to Bill

   Most of what lawyers do clients never see or hear. They don't see research, they don't see drafting, and frequently clients do not even see negotiations with other parties. One way to keep clients informed about what is going on in their legal matter is to tell them in invoices - regularly. Plus, clients are more likely to pay a modest monthly...