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Chair, ABA Section of Dispute Resolution | Attorney & Mediator | AI & LegalTech Specialist | Practice Building Consultant | Keynote Speaker | Two Award-Winning Podcasts, One in the Top 1% Globally | Best Selling Author

The billable hour may not be dead (yet) but it is important to know as you start, or grow your legal/dispute resolution practice, that clients overwhelmingly prefer a flat-fee or value-based billing. In fact, the billable hour model has, I believe, greatly contributed to the negative perception of lawyers that in many ways permeates our society. Has anyone been called a shark before or heard the complaints that we are over-priced and under-performing? There's a reason why most lawyer jokes are focused on how ridiculously expensive they are. But wait you say, it's not fair to lawyers to work on any other model since we don't know at the outset of a case just how much work will be involved. While that may be true to an extent, we also need to acknowledge the fact that at least some of what we will do on a case is fairly pre-determined. We will have a certain number of meetings with the client, draft pleadings and do customary discovery. Should we at a minimum work off of a modified flat fee basis? Set a reasonable flat fee for the pre-determined work we will do, and either build in an additional amount to cover an estimated hourly for the remainder of the matter, or bill hourly beyond the flat fee? Those are just two ways to be more mindful and accommodating of the client's preferences, a mainstay of good marketing, while also continuing to protect the value of our time. Food for thought . . . (share yours in the comments) Tune in for next week's The Make Money Mediating Podcast when I will dive deeper into this topic and share more insights and tips on how you can harness the value of a more predictive fee model to increase your client base! #mediation #law #practicebuilding #practicedevelopment #makemoneymediating #podcast #susanguthrie #fees #flatfees #billablehours

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Susan Guthrie

Chair, ABA Section of Dispute Resolution | Attorney & Mediator | AI & LegalTech Specialist | Practice Building Consultant | Keynote Speaker | Two Award-Winning Podcasts, One in the Top 1% Globally | Best Selling Author

1 年

Jeff Kichaven - I was just reading your wonderful email newsletter on #civility in practice and noticed the banner at the bottom of the email: "Zero Nickel and Dime Billing" Zero Case Management Fee (CMF) Zero Administrative Fee (AF) Zero Standard Preparation Fee Zero Standard Follow Up Fee YES! This is exactly what I am talking about in this post - BRAVO for being a leader in the field once again!

Cary C. Jacobson

Keeping the drama out of divorce ~~ Mediator, Family Law Attorney, Best-Selling Author, and Speaker

1 年

We offer all of our divorce mediation and Marital Settlement Agreement services as flat fee packages. Clients love knowing what to expect and not receiving surprise invoices for every phone call/email.

Michael Cohen

Divorce Mediator ◆ Children-Centric ◆ Family-Focused ◆ Financial-Fairness

1 年

I love this idea, and know I should pivot, but I still bill hourly and I put a cap on my services so my clients have comfort that they will not pay more than the cap. So many couples are paycheck to paycheck, and I believe this gives them some level of comfort. Thanks for sharing this article, good food for thought!

Victoria Kirilloff, CDFA?, NCPM?, CDS?

I help families make data driven financial decisions during life crises like divorce and death. | Founder of Wealth Analytics and Divorce Analytics. ??

1 年

I offer a flat fee model for straightforward Divorce Impact Analysis Reports, and I got to say it has made my life so much easier! The clients really do like knowing what they’re getting into upfront.

Larry Bridgesmith

"The world has never moved this fast and will never move this slow again." Bill McDermott, CEO, ServiceNow

1 年

The time is long past due.

Really grateful to see this. I'd been wrestling with flat fee. I'm going that way. Thank you Susan, for your steadfast support of mediators.

Amanda Singer, Esq, MDR,CDFA

Founder and Professional Family Mediator at West Coast Family Mediation - working with clients getting married and divorced

1 年

100% agree with you Susan! We have always done flat fees and I am a big proponent of them for both the clients benefit and ours. No billable hours here and our clients really like knowing what that cost is upfront. I hope to see more of this in the future.

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