It finally happened...as reported in this week's Wall Street Journal (8/24/09) the legal industry is slowly breaking its tradition of hourly billing.
According to the front page article "Billable Hour Under Attack" by Nathan Koppel and Ashby Jones, clients of legal services are beginning to move away from the straight hourly models because of new scrutiny of their expenses in this tough economic environment. It seems that firms who buy legal services are renegotiating with their providers to demand flat fee billing, instead of paying fees which have risen in the last number of years to $300 - $1000 an hour, according to American Lawyer magazine.
But before I go further, why this topic on a management consulting blog? Call it a rant based on past experience when I received a $47 bill for a call to thank my attorney for her services, but I have always had a pet peeve around hourly billing in professional services industry. And the same standard applies to myself as a management consultant. I strive to consistently to bill based on the value of the services I am providing, instead of the time it takes me to complete a project. (Credit goes to Alan Weiss, PhD, and his book Million Dollar Consulting for sharpening the argument for the whole management consultant community on "value-based consulting".)
While surely many attorneys would argue the contrary (saying that I don't fully appreciate their unique challenges), the message of time-based billing from a client perspective in professional services sends the wrong fundamental message, namely:
Client interests (results, quality) is secondary to compensating every minute of my time.
Clients have no need to consider cost-benefit and should have minimal control regarding end costs.
There is no reason to fear that clients' hours are padded, even though billing by time and being efficient are diametrically opposed. Just trust us implicitly.
I could go on.
What's different for management consultants who bill on the value of our services (which not all management consultants follow) is that what means most in the agreement is a solid relationship with the client. And the billing structure reflects my concern for that client relationship! As long as the scope of the project does not change, neither does their cost. I will do the necessary to deliver the result according to our agreement. And having agreements which reflect this philosophy disallows surprising clients with $47 bills in exchange for a call to say "thank you."
I want to be clear that certainly many attorneys are client focused and go above and beyond for their clients. My point is simply to state that working within a time-based structure sends a mixed message regarding what is most important and puts clients and professional service providers at odds.
While the legal industry is responding to this new fixed fee trend by saying that this is a temporary "correction" in the marketplace (just as price corrections are happening in other industries), buyers of legal services seem to be seeing this move as potentially permanent. I can only hope that this economic situation continues to shake up the status quo on time-based billing, which has always seemed to me as entirely counter intuitive.