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Grip it and rip it
Apr 28, 2020
Uhh why don't these morons have ivory inlay and gold finishing on their weapons? Saddam would be ashamed to see how far the adherent of his school of interior decor have fallen

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Discendo Vox
Mar 21, 2013
Probation
Can't post for 9 hours!
Details of how they bullied their way into getting their many million dollar estate for 600k are really remarkable.

Whitlam
Aug 2, 2014

Some goons overreact. Go figure.

Gobbeldygook posted:

https://twitter.com/annamerlan/status/1281977296224571395?s=19
Smashing a synagogues beehives and threatening to sue them if it isn't cleaned up ASAP is next level lawyering.

The Australian terminology for what they're doing is "carrying on like pork chops".

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Which one of you motherfuckers

Nice piece of fish
Jan 29, 2008

Ultra Carp
LMAO

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

This could be resized

CarForumPoster
Jun 26, 2013

⚡POWER⚡
For those that bill hourly, how do your firms issue guidance on what work/hours is billable versus non-billable? What docs do they cite for that guidance?

The state bar guidance that shows up for me in google is mostly as set of non-binding opinions stating you can't bill for overhead, can't have assistants double bill, etc. Obvious, flagrant ethical stuff. We're in the process of moving mostly to the UTBMS codes and I'm trying to figure out if there are certain codes that are red flags, certain codes that should be billed as a legal secretary, etc. (We don't do any insurance work, mostly corporate and employment litigation.)

Arcturas
Mar 30, 2011

I think it's basically whatever you can get away with convincing the client to pay, nothing super formal. So there are codes we know the insurance companies won't pay, and there are codes that some of our larger clients are unwilling to pay. Otherwise you sort of have to get a feel for each client and guesstimate stuff. For instance, some of the firms I've been at refuse to bill for filing, because that's an assistant's job. But other firms see no problem with that if it's in fact the attorney doing the filing (after hours, complicated filing, etc.).

evilweasel
Aug 24, 2002

CarForumPoster posted:

For those that bill hourly, how do your firms issue guidance on what work/hours is billable versus non-billable? What docs do they cite for that guidance?

The state bar guidance that shows up for me in google is mostly as set of non-binding opinions stating you can't bill for overhead, can't have assistants double bill, etc. Obvious, flagrant ethical stuff. We're in the process of moving mostly to the UTBMS codes and I'm trying to figure out if there are certain codes that are red flags, certain codes that should be billed as a legal secretary, etc. (We don't do any insurance work, mostly corporate and employment litigation.)

What is billable/not billable is generally a matter for your agreements with the client, not general guidance. The only real ethical issues are (a) you have to have actually done the work you list; (b) no double-billing; and (c) an appropriate effort to delegate items to the most cost-effective person (i.e. a partner should not be making binders when there's a paralegal sitting right there, but you know sometimes you're the only one in another city and you need to do what you need to do).

Beyond that, clients will have their own views on what should or shouldn't be billed. Some clients will not pay for non-working travel (i.e. you're flying somewhere for work, but you are not doing work on the flight itself); some clients will pay half rates (this is relatively standard); some will pay full price. Some clients won't pay for first-years. Some clients (insurance companies) have strict rules about what kinds of things they'll pay for (no more than two people may bill for a call! no person under fourth-year may bill for "strategizing" anything!) where you need to just pay close attention to their guidelines and get the work done in compliance with their rules (and if you can't, then well you're going to need to eat the cost). Informally people figure out what triggers the insurance company pretty quickly and just learn how to phrase things in ways that will not make insurance companies cranky.

Basically everything I've ever learned about how to bill was from being told i did it wrong.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
“Analyze” gets past the audit software where “review” does not

evilweasel
Aug 24, 2002

Phil Moscowitz posted:

“Analyze” gets past the audit software where “review” does not

there's also the insurance companies where magically their demanded writeoffs amount to almost exactly ten percent of the bill, each and every time

Vox Nihili
May 28, 2008

Phil Moscowitz posted:

“Analyze” gets past the audit software where “review” does not

Which is funny because the former sounds like bullshit and the latter sounds like actual work being done.

Yes, just let me analyze this quickly. *rubs fingers on temples* 0.5 hours

Kalman
Jan 17, 2010

Also if you’re a junior associate just loving bill it (as long as you actually did the work and aren’t double billing) and let the partners fight with the clients about whether they’ll pay or not.

evilweasel
Aug 24, 2002

Kalman posted:

Also if you’re a junior associate just loving bill it (as long as you actually did the work and aren’t double billing) and let the partners fight with the clients about whether they’ll pay or not.

yeah, this is a really key thing to remember. if you're asked to do the work, bill for it. if its a task the client will pay four hours for and it takes you eight hours, generally bill all eight hours. i might make an exception if you, like, came to work hungover and everything took you double time, perhaps you want to cut your hours then, but you're rated on your hours, and that partners told you to work on something a client won't pay for is their problem.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Jackass opposing counsel is the number one reason I’m leaving the practice of law.

GamingHyena
Jul 25, 2003

Devil's Advocate

Mr. Nice! posted:

Jackass opposing counsel is the number one reason I’m leaving the practice of law.

Depends.

Jackass counsel in the courtroom: Game on!
Jackass counsel outside the courtroom: A living nightmare to deal with.

CarForumPoster
Jun 26, 2013

⚡POWER⚡
Thanks for your feedback guys. It aligns with what I researched today.

In the spirit of sharing, I found these most helpful in order of importance when trying to figure out what work was billable versus non-billable:
ABA Rule 1.5
ABA Comm. on Ethics and Professional Responsibility, Formal Op. 93-379
Missouri v. Jenkins, 491 U.S. 274 (1989)

and then a few ethics opinions from the State Bar.


I never got beyond a few examples of clerical/secretarial work but...

evilweasel posted:

a partner should not be making binders when there's a paralegal sitting right there

...it sure seems that this would be non-billable work regardless of who does it given the above linked guidance.

Which is the issue I was having to begin with. Some lawyers would bill this and some wouldn't, but what do we need to do to bill ethically? It seems the answer to me, a non attorney needing to research this, is that we would not be able to bill for that within the ethical guidelines of Op. 93-379 or my State Bar's ethics opinions.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Lol at the idea of researching law on what I can or can’t bill

evilweasel
Aug 24, 2002

CarForumPoster posted:

I never got beyond a few examples of clerical/secretarial work but...


...it sure seems that this would be non-billable work regardless of who does it given the above linked guidance.

what part, specifically?

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

CarForumPoster posted:

a non attorney needing to research this,
lol

quote:


is that we would not be able to bill for that within the ethical guidelines of Op. 93-379 or my State Bar's ethics opinions.

Lol

terrorist ambulance
Nov 5, 2009
Alab episode on Deutsche bank is a fuckin banger, listen to it now

CarForumPoster
Jun 26, 2013

⚡POWER⚡

evilweasel posted:

what part, specifically?

The task of physically assembling binders would fall under clerical/secretarial work which is considered to be an overhead expense if you'd like to follow the ethics opinions of my state or the other sources I linked. Naturally, assembling binders while they do some other substantive legal task may be a different story, but the thing I needed to research was ethics opinions on non-billable tasks.

evilweasel
Aug 24, 2002

CarForumPoster posted:

The task of physically assembling binders would fall under clerical/secretarial work which is considered to be an overhead expense if you'd like to follow the ethics opinions of my state or the other sources I linked. Naturally, assembling binders while they do some other substantive legal task may be a different story, but the thing I needed to research was ethics opinions on non-billable tasks.

not one of those sources discusses clerical/secretarial work, doing a ctrl-f. what specific section do you think applies? like, quote it.

CarForumPoster
Jun 26, 2013

⚡POWER⚡

evilweasel posted:

not one of those sources discusses clerical/secretarial work, doing a ctrl-f. what specific section do you think applies? like, quote it.

Missouri v. Jenkins, 491 U.S. 274 (1989) Footnote 10 posted:

It has frequently been recognized in the lower courts that paralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer and billed at a higher rate. Such work might include, for example, factual investigation, including locating and interviewing witnesses; assistance with depositions, interrogatories, and document production; compilation of statistical and financial data; checking legal citations; and drafting correspondence. Much such work lies in a gray area of tasks that might appropriately be performed either by an attorney or a paralegal. To the extent that fee applicants under 1988 are not permitted to bill for the work of paralegals at market rates, it would not be surprising to see a greater amount of such work performed by attorneys themselves, thus increasing the overall cost of litigation.

Of course, purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them. What the court in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717 (CA5 1974), said in regard to the work of attorneys is applicable by analogy to paralegals: "It is appropriate to distinguish between legal work, in the strict sense, and investigation, clerical work, compilation of facts and statistics and other work which can often be accomplished by non-lawyers but which a lawyer may do because he has no other help available. Such non-legal [491 U.S. 274, 289] work may command a lesser rate. Its dollar value is not enhanced just because a lawyer does it."


ABA Formal Op. 93-379 posted:

A lawyer may not charge a client for overhead expenses generally associated with properly maintaining,
staffing and equipping an office; however, the lawyer may recoup expenses reasonably
incurred in connection with the client's matter for services performed in-house, such as
photocopying, long distance telephone calls, computer research, special deliveries, secretarial
overtime, and other similar services, so long as the charge reasonably reflects the lawyer's
actual cost for the services rendered

Additionally my states bar has ethics opinions that it currently links to on the topic that state:

Ethics Opinion 75-29 posted:

It is unprofessional and undignified for an attorney to separately charge a client for costs of secretarial work unless such work is extraordinary or unusual.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Unprofessional and undignified

El_Elegante
Jul 3, 2004

by Jeffrey of YOSPOS
Biscuit Hider
what about secretariat work

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
I just paid 3700 in tax (last year and this year's estimated tax to date) on 28k in income :smith:

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
e bitching removed

Mr. Nice! fucked around with this message at 03:33 on Jul 16, 2020

Vox Nihili
May 28, 2008

Ratatozsk
Mar 6, 2007

Had we turned left instead, we may have encountered something like this...

The attorney that also starred in Battlefield Earth.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Phil Moscowitz posted:

Unprofessional and undignified

Sounds ridiculous. Obviously you bill for the cost of secretarial work, otherwise lawyers are uniquely prohibited from including real business costs in their final product.

I mean, you don't bill it as attorney time/price but that can't be what they mean cause that's pretty obvious.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Mr. Nice! posted:

I just paid 3700 in tax (last year and this year's estimated tax to date) on 28k in income :smith:

You'd make way more running a taco truck in Norway. Just saying. Park it outside of campus you'd have to start hiring people to cope with the onslaught.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!


Dead I am the sky, watching first years cry
Files they slowly churn, conquering the worm

evilweasel
Aug 24, 2002

CarForumPoster posted:

Additionally my states bar has ethics opinions that it currently links to on the topic that state:

so of those, only the first one actually applies. secretarial work is different than paralegal work - it is stuff like "take diction" or "process expense reimbursements" or, well, i don't know, i'm not 60 so i don't use my secretary. secretarial work is not billable, unless you ask them to essentially do paralegal work (because all the paralegals are busy). paralegal work is billable, and making deposition binders/hearing binders/etc is basically the definition of paralegal work.

the supreme court case is dealing with what is a "reasonable fee" in the context of a fee-shifting statute where the requirement is a "reasonable" fee, not an ethical one. i can charge a client ten thousand dollars an hour if i feel like it, and that's not unethical provided it's conspicuously disclosed. it is unreasonable, however, so i won't get ten thousand dollars an hour if i sue to desegregate a school and win a fee award.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
I made an OC mad as gently caress today. I got a major angry email reply. I was completely in the right, but I do not get paid enough to be in the middle of this dispute any longer. I just emailed my boss and his two cohorts that one of them can take this poo poo over. I'm done besides drafting. $22.50/hr is not enough for me to feel jumpy and irritable all day because I'm stressed.

Eminent Domain
Sep 23, 2007



California bar exam news.

http://www.calbar.ca.gov/Admissions

quote:

The California Supreme Court on July 16 announced it will permanently lower the passing score for the California Bar Exam to 1390 and released plans for an October test administered online. The court’s letter to the State Bar directed that:

The exam will be administered online on October 5−6. Registration will be extended for the October exam through July 24.

The State Bar will expedite creation of a provisional licensure program under supervision for 2020 law school graduates—effective at least until June 1, 2022, or until they can take and pass a California bar exam.

edit:

Mr. Nice! posted:

I made an OC mad as gently caress today. I got a major angry email reply. I was completely in the right, but I do not get paid enough to be in the middle of this dispute any longer. I just emailed my boss and his two cohorts that one of them can take this poo poo over. I'm done besides drafting. $22.50/hr is not enough for me to feel jumpy and irritable all day because I'm stressed.

That sucks, get out of there and let them fight it out.

Beefeater1980
Sep 12, 2008

My God, it's full of Horatios!






Sab0921 posted:

If you are an auto admit poster, you should probably delete your poo poo.

https://www.cnn.com/2020/07/10/media/tucker-carlson-writer-blake-neff/index.html

Auto admit...now that’s a name I’ve not heard in a long time.

Kalman posted:

Also if you’re a junior associate just loving bill it (as long as you actually did the work and aren’t double billing) and let the partners fight with the clients about whether they’ll pay or not.

The billable hour is a bit of a fiction. You will undoubtedly work a lot of hours you don’t bill, and the purpose of the exercise is usually to get to a total price for work done that strikes the right balance between opportunity cost, effort, deal size, value to the client, how much leeway the partner has to take a writedown and, often, how much of an rear end in a top hat the client is allowed to be.

That’s the billing partner’s job to figure out. If you’re a junior associate, record everything until you can make those judgments for yourself.

Beefeater1980 fucked around with this message at 05:28 on Jul 17, 2020

Nonexistence
Jan 6, 2014

Beefeater1980 posted:


The billable hour is a bit of a fiction. You will undoubtedly work a lot of hours you don’t bill, and the purpose of the exercise is usually to get to a total price for work done that strikes the right balance between opportunity cost, effort, deal size, value to the client, how much leeway the partner has to take a writedown and, often, how much of an rear end in a top hat the client is allowed to be.

That’s the billing partner’s job to figure out. If you’re a junior associate, record everything until you can make those judgments for yourself.

When do you think that point usually is? I've been at my current firm a month and partners would like me to have that discretion in the next 1-2 months, but I have little direct contact with clients I haven't brought in and my last firm was pure contingency cases, so I feel like I'm not on track to get there at all.

Arcturas
Mar 30, 2011

How far out are you? Two or three years out? Probably getting to that point in 1-2 months is crazy. If you're 6-10 years out, you should be starting to get a sense of things. A lot also depends on practice area and case type.

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Nonexistence
Jan 6, 2014
Almost 3 years out, one year clerking, almost two personal injury, now just over a month in construction.

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