The Billable Hour: An Examination of Compensation

Friday, November 14, 2008
8:30 a.m. - 4:30 p.m.

Seattle University School of Law

CLE Credits: to be determined

Most practitioners today probably are unaware that hourly billing is a relatively recent practice. As the ABA's Ad Hoc Committee on Billable Hours states, "For generations, lawyers had billed for the value of their legal services with a variety of different methods, all of which were based on some variation of the factors set forth in the Rules of Professional Conduct. Straight hourly billing became the predominant billing method only within the last 50 years." Since then, however, "there has been a growing concern that the demands of increased billable hours [are] having unintended consequences and compromising the health and well-being of lawyers and the communities they service. At the same time, time-based billing practices can raise ethical questions and create perverse disincentives."
Following a brief review of the history of hourly billing, this program will examine the non-economic and economic impact of time billing and its alternatives, as well as discuss how billing practices might be examined to assess their impact.

Speakers

David Boerner Associate Professor Seattle University School of Law		Kathleen J. Hopkins Real Property Law Group, PLLC Seattle, WA
Robert E. Hirshon Chief Operating Officer Stoel Rives LLP Portland, OR		John Strait Associate Professor Seattle University School of Law

Program Agenda

8:30 - 9 a.m.	Registration and Continental Breakfast
9 - 9:15 a.m.	Welcome/Overview: Purpose of this Program
9:15 - 10 a.m.	History of Legal/Hourly Billing
10 - 10:45 a.m.	Non-Economic Impact of Hourly Billing Quality of life; the effects of billable hour expectations and firm culture on associates and partners; ethics and malpractice issues; impact on pro bono
10:45 - 11 a.m.	Break
11 a.m. - noon	Economic Impact of Hourly Billing
Noon - 1:30 p.m.	Lunch/Keynote Address: Why the Billable Hour Must Die
1:30 - 1:45 p.m.	Break
1:45 - 3 p.m.	Panel: Alternatives to Hourly Billing Alternatives/pros and cons to hourly billing; how law departments view law firm billing and what they would like to see; competitive bidding and proposals; inside-outside counsel relations; and outsourcing. [Fixed/flat fee; contingent fee; hourly rate; blended hourly rate; fixed or flat fee plus hourly rate; hourly rate plus a contingency; percentage fee; task based fee; retrospective fee based on value; unit fee; relative-value method; lodestar method; statutory or other scheduled fee system; retainer - availability only; retainer as a deposit against future services]
3 - 3:15 p.m.	Break
3:15 - 4:30 p.m.	Auditing Your Billing Practices

For additional information about this, or any Seattle University School of Law CLE, please contact the Office of Continuing Legal Education at mennesr@seattleu.edu or by phone at 206.398.4282.