Career Clinic: I don't agree with how I'm being asked to record my time

If you dont like it then quit. But bear in mind, it's a tough world out there. A huge number of redundant lawyers are looking voraciously for an associate role. Best advice is to shut up and get on with it.

Fresh Lawyer -02 Mar 2009 | 11:03

I think your concern is valid - there is nothing wrong with making a decision to bill the client less than the number of hours actually spent but that should be an informed decision made by the partner supervising the matter. If associates don't record all their time honestly, how on earth can the management form a true picture of how efficiently the business is working and how effectively they are allocating resources - for example, how will they be able to form of view of which type of work is profitable and which is not. I think it is a fair point to raise but if partners are deaf to it there is probably not a lot you can do except look for a firm with transparent working practices and a bit of basic business sense!

In-house Lawyer -02 Mar 2009 | 15:09

I would record all the time I spend provided I can justify it. If I spent a day on something and it was unproductive (for whatever reason) I would reduce the hours I record. I doubt a partner will tell you off for recording on this basis. If he wants to write off some of your time, that's always his prerogative anyway. If some associate asks me to shave my time so he can rack up more of his own time on a file at my expense, I'd refer him to the file partner.

May -02 Mar 2009 | 16:14

Well there is a point here about whether you are doing the job that the client wants. If someone tellls you to record 3 hours, the client gets a Ford Fiesta. Left to your own devices, would you deliver a Rolls Royce, only for the partner to discover the firm could still only charge for the Fiesta? Sometimes it can be very efficient/cost effective for the assistant to have first crack at a document or piece of research, and for someone with more experience to polish it after that. I've never found a client who's ready to pay for my assistants to learn how to do their job.

partner -02 Mar 2009 | 16:18

This has happened at every law firm I've worked at so it's by no means specific to your office. On the one hand you are told that you have to record everything, but on the other hand subtle (or not so subtle) pressure is employed by partners to get you not to record all your time on a file.I don't think there's much you can do about this really. As you get more senior it will be less of an issue (probably because you will be doing the same thing!)

Anon -02 Mar 2009 | 16:20

This is called "Moral Time Keeping" it has been in existence since time immemorial and it is wrong, inexcusable and should not and cannot be sanctionedor instructed by your superiors. You MUST record your time honestly. It is part of the covenant under which you became a solicitor FULL STOP. If your seniors decide not to charge for your time, they must justify a write-off (which is what they are attempting to avoid). Any such write-offs may reflect badly on you but, in the same sense, so will failing to attain your chargeable hours target.You really don't have a choice in this matter as you are bound by a code of conduct establshed many years ago.If you are pressurised further, you MUST bring this to the attention of the managing or senior partner without hesitation.I know you are in a cleft stick but, unfortunately, you are on the right side and, sometimes, that's the difficult side.

Consultant -02 Mar 2009 | 16:30

Are you sure you're interpreting the partners' comments correctly? It may be that they really think the task will only take the time they have told you to record. (It was probably a while since they did that particular task, after all). If I were you I would interpret the comments as "don't spend more than 3 hours" rather than "spend as long as it takes, but don't record more than 3 hours". If you find it takes longer than 3 hours, go back to them and tell them so. Make them say explicitly that they want you to under-record - if that is indeed what they are saying.

Anon -02 Mar 2009 | 16:52

i dont think partner would be reluctant to admit to writing off ppl's times. You get it fundamentally wrong when you thought the "firm" standard applies - when it comes to time recording each partner has his/her way of doing it. The firm concept is for marketing purposes.

anon -03 Mar 2009 | 01:47

Partners are reluctant to write off time; their profit allocations are based in part on the proportion of time they write off. Inevitably, it's in their interests to limit the time associates and trainees spend on matters to ensure that their matters record a higher realisation rate.

Anonymous -03 Mar 2009 | 09:55

Consultant is absolutely right. However, there are some firms out there who still regard write-offs as evidence of an assistant's weakness and will penalise them accordingly. They may also penalise the assistant's department as a whole. As most people know who've been put in this position, it's generally the fault of the supervisor who's not quoted enough time for the job in hand. If you can, record all the time you've spent on each matter. If you come under pressure be careful how you deal with it - it can have serious consequences. And to all the partners and supervisors who put your teams through this, don't you think you need to be more realistic about the metrics you deploy to demonstrate the health of your business?

City woman -03 Mar 2009 | 10:49

Dear junior lawyer, I have recently been given the cull by a magic circle firm. One of the measures used to assess our performance was our utilisation levels. Since joining the firm I have given accurate records of time spent but it seems that most of my colleagues bill more than they actually spend on the work (hey, those departmental retreats and the partners dining room won't pay for themselves). Consequently, when it came to crunch time, I was shown the door and they weren't. I suggest you do yourself a favour and put down what you bill. Remember, the partners are not obliged to invoice everything on the clock.

Anonymous -03 Mar 2009 | 11:32

Being the cynical sort that I am, I might suggest that some firms/partners deliberately quote low to win work (no doubt a practice that is likely to increase in the current market - thinking being that doing some work (even if deeply discounted/partially written off) must be better than doing no work...) no doubt knowing they're underquoting (but again, some work must be better than no work...) win the work on this basis but are then faced with (1) approaching the client (i.e. "please sir, can I have some more..."); (2) writing off large amounts of time (so as to hit the quoted fee), or (3) pressuring (either explicitly or implicitly) associates to limit the amount of time they spend on the work (to avoid having to write off time which will negatively impact their recovery rates - which in some cases, I understand must be justified/explained to more senior partners in the firm.) Zero points for guessing which option partners of this sort are likely to pick....

Dorothy Gale -03 Mar 2009 | 14:16

I think a nuanced approach is what's called for here. There will be cases where the time limit quoted by the partner is a sensible indication of how long something should take. Personally, I am often horrified by how long people in other departments spend on relatively simple tasks; as a professional, you need to learn to calibrate the work you do to the client's requirements. However, if the estimates are completely unrealistic, I suggest you record the time correctly and raise the matter with your supervising partner (or another partner who is responsible for your career development).

Associate -03 Mar 2009 | 18:40

If you can and are prepared to stand your corner and explain how the time is justifiable, record it all. otherwise, only you will loose out with poor hours etc. that said, maybe you are doing too much? another option is if someone (more senior) tells you to spend 3 hours on something, do a 3 hour effort, then go and see them and say is this adequate / detailed enough. it maybe the client only wants a general view e.g. if the dd is only bothered with major issues say, over £1m and you are spending hours on potential employment claims for post room navvies, then you are missing the point of the work

Anonymous -06 Mar 2009 | 12:48

Wake up, the amount of time you are "supposed" to record is a subtle indication from your superior within how much time the work should be done, if you need more time it means you are too slow and underperforming. In this market, it means you will soon join the 30% of A&O on the dole. And as for the whole utilisation issue, the fact that you cannot do the work within the guideline billable hours clearly means you are not "utilising" the time spent efficiently, you could start by spending less time whining on legalweek Career Clinic. I want the draft SPA by tomorrow.

Investment Banker -06 Mar 2009 | 23:41