 |
|
||
| |
MEDIA REVIEWS Law Firm Fees & Compensation:Value & Growth Dynamics By Edward Poll Reviewed by Don D. Ford III It seems that many lawyers routinely miss one inescapable truth: practicing law is not only about knowing the law; it is also about knowing how to be good in business. Although most lawyers either do not understand or do not want to understand the business of practicing law, nothing is more fundamental to a lawyer’s success than paying attention to the business aspects of a law practice. In his book Law Firm Fees & Compensation: Value & Growth Dynamics, Edward Poll discusses many of the issues that a law firm must consider when trying to ensure that the firm remains a strong business entity as well as a collection of good lawyers. Most notably, Poll spends a considerable amount of the book discussing different methods for billing time and different methods for collecting the fees that you have billed. While most lawyers think of billing time on an hourly method, Poll discusses alternatives that he believes help overcome the objections that clients have in paying for lawyers by the hour. Specifically, Poll lays out a detailed process for a lawyer or law firm to sit down and establish an anticipated budget for each type of case on which they usually work. From that budget, the lawyer can either provide a fairly accurate estimate for the client as to the number of hours that will be involved in the case, or the lawyer can use that information to establish a flat-fee structure for charging the client. In a simple example, a lawyer drafting a will for a husband and wife might determine that it takes about an hour to draft the wills. When that lawyer adds the time for meeting with the client initially, making revisions to the Wills, and meeting with the client to execute the wills, the one hour to draft the documents has become a 5-hour process. Knowing this rough estimate of time, the lawyer can then establish a flat-fee to charge the clients that will accurately compensate the lawyer for all of the time involved. Poll also discusses adopting an alternative “block” type billing approach in litigation matters. Under this approach, an attorney develops different stages of the litigation (i.e. the “discovery” phase), and the attorney would fix a flat fee for that stage of the litigation. The flat fee for that stage of the litigation is paid up front and prior to the lawyer beginning work on that phase, but once paid, the client would not be required to pay anything else for that phase of the litigation. This approach has a dual benefit to lawyer and client alike – the lawyer does not do any work without having been paid up front, and the client has assurances that they know exactly what they are paying and what services they are receiving. This eliminates much of the frustration typically felt on both sides of the table when clients feel like they are paying too much and lawyers feel like they are not being adequately compensated. In addition to this book, Poll has authored several other books related to various topics in running a successful law firm. Whether you operate a solo practice or you are part of a small to mid-sized firm, this book and others that Poll has written have helpful ideas for you to consider as every lawyer struggles with the issues of collecting the fees that they have earned while managing the client’s expectations of receiving good value for the money they have spent. David V. Wilson II is a partner at Hays, McConn, Rice & Pickering and former editor in chief of The Houston Lawyer.
No Higher Calling, No Greater Responsibility: A Prosecutor Makes His Case By John W. Suthers Reviewed by Keri D. Brown In No Higher Calling, John Suthers, Colorado’s Attorney General, discusses the role of prosecutors in our system of government. As a former district attorney and United States attorney, and as a current attorney general, Suthers is well qualified to be a part of Fulcrum Publishing’s “Speaker’s Corner” series, books “designed to stimulate, educate, and foster discussion on significant public policy topics.” Unsurprisingly, Suthers believes that “our system cannot be effective unless the prosecutor competently evaluates the evidence, makes principled charging decisions, and zealously but fairly pursues prosecution and punishment of serious offenders”; his pro-prosecution book reflects this sentiment. His book provides a brief history of the prosecutorial system at every level, while also detailing his thoughts on issues faced by prosecutors. One chapter of No Higher Calling focuses on the relationship between crime and the seven deadly sins; here, Suthers opines that greed is the significant motivator of criminal acts, followed by pride. In another chapter, he discusses common justifications for punishment and argues that: (1) retribution is the most common reason; (2) restitution should be ordered whenever a crime involves an economic loss; (3) rehabilitation should focus more on the effects of family dysfunction on the offender; (4) isolation is a good solution until the offender has reached the point at which he is no longer likely to re-offend; and (5) deterrence works best for white-collar offenders. No Higher Callingis a book that prosecutors should read; the rest of us should read it to become better-versed in the issues faced by our prosecutors at every level. Suthers’ experience at the local, state, and federal prosecution levels qualify him to dispense advice that can help prosecutors (particularly a relatively-inexperienced prosecutor) understand what the job should really be about. Suthers is determined to do justice, and explains the difficult decisions that can be involved in determining what justice means in a particular case. Suthers’ recommendations for every subject are logical and grounded in reasonableness. His is not a pie-in-the-sky book, but instead provides practical suggestions for how to make our system of justice more just. Suthers details traits found in good prosecutors; the list, seemingly reflective of Suthers as much as it is reflective of a good prosecutor, is a good place to leave the reader: They have to be intelligent. You don’t have to be brilliant to be a good prosecutor, but you have to be smart enough to conquer the intellectual challenges of the law and to write and argue your points clearly and effectively. . . . In addition, all prosecutors have to be excellent verbal communicators. Only such people will be successful in front of judges and juries. You must have the kind of personality that the trier of fact will find appealing, believable, and convincing. That typically also requires a genuinely cordial and professional demeanor. . . . But finally, and of very high importance, I look for people who have a sense of righteousness, who have a very well-developed and largely uncompromising sense of right and wrong. Keri D. Brown is an associate in the Private Clients Section at Baker Botts L.L.P. and a member of The Houston Lawyer editorial board.
|
