Why Don’t Lawyers Get Paid?

There are several reasons as to why this is happening, some related to what you, as a lawyer, could have done to increase the likelihood of your efforts being recognized by your clients in the most pragmatic way: getting your bills paid. Of course, there are other explanations for why lawyers have not gotten paid, but those are beyond a lawyer’s control, such as a client’s simple inability to support legal costs, or, sometimes, it is just a client mindset that is naturally averse to the concept of paying a lawyer.

The focus of this article is on what the lawyer can control, what the lawyer can do regardless of who the client is and their natural predisposition to legal fees.

At the same time, this article also addresses clients. It is way past time that attention must be given to how much clients know about the inner world of becoming and working as a lawyer, and, unfortunately, it is not much. All they pretty much know is that lawyers are racking up bills that they should not pay. The hope is that whatever reasons clients have for not paying their legal costs, the following will serve as a tool that could give them the knowledge and comfort to do so.

Going through the grinding of law school’s sleepless nights and weekend-less weeks, the state bar examination, and the actual process of getting licensed, with virtually no social life while in law school and at least for the first few years in the practice of law, are only some of the not-so-appealing facets of becoming and working as a lawyer. The only reason why someone would go through the experience of becoming and practicing as a lawyer is, in my opinion, not based solely on financial objectives – although the common belief is that lawyers are in it for the money, which is certainly true to the extent that anyone is in a job or profession to earn an income, which sometimes is higher in some industries, such as the legal profession, although far from being always the case. Yes, the saying goes that a lawyer will never starve, but, at the same time, choosing the legal profession to get wealthy is not the path to go on.

Assuming that a first-year law school student is enamored by the thought of a Gatsby-like post-law-school-graduation life, he will soon realize two primary truths: one, getting through the continuous pressure to survive law classes and schedules is only possible where the desire to become a lawyer is accompanied by more than just a desire to become rich; second, by the time they are graduating – if they get that far – they have developed a realization that the practice of law is not easy but rather quite challenging. If any of them had money on their mind, by this point, any remnant of it will be dissipated in the grueling billable hours that they now must produce in order to earn a living.

What actually happens instead is that most law school students begin to develop a strong affinity toward justice, and a belief in the use of the law to help others and truly make a change in someone’s life, one client at a time.

The twin question of why lawyers are not getting paid is why lawyers are not heralded as the best that society has to offer, as I believe they should. Unfortunately, the answer is quite simple: lawyers charge for their services, and they do this to someone that is experiencing, in most cases, a tragedy or crisis in their lives.

No matter the lawyer’s genuine intent to help the client, or the dedication to the client’s matter, it is almost impossible to change a client’s perception of you as the “bad messenger” because your client views everything through the prism of whatever caused the stress and tension in their life. The sight of an invoice will certainly amplify their angst and stress manifested in every aspect of their life.

In many cases, even the beneficial outcome of the matter will not remove the already predisposed attitude of animosity toward a lawyer. You hear too often, “I paid that lawyer $X and don’t know what he did.” It is not that your client is a person who does not recognize value and effort; it is just that he is less capable of doing so under these circumstances.

So, What Can You, Lawyer, Do About This?

No matter what law school you graduated from, no matter the experience, or even culture, nothing prepares you for some of the brutal realities of the practice of law.

Take a few steps:

First, Recognize the Client’s Perspective

First, recognize that you are walking on glass insofar as your client’s recognition of your help; he needs it but, in most cases, does not want it.

He is forced into a relationship with you, which he never particularly asked for, wanted, or expected, but for the circumstances outside of his and your control. He is also obliged to give you, the unwanted guest, his lifetime savings to deal with an unfortunate life experience; you, as the lawyer, are inextricably connected with the whole turmoil, and identified with it, in the eyes of the client.

You must also realize that your own individuality and virtues have nothing to do with your client’s perception of you or your efforts. Your client is in chaos and looking at you for order, but it does not mean he will ever associate this period in his life with a positive outlook on you, even if you achieve “post-chaos order.”

Second, Get Practical

Understanding and accepting your client’s natural adversity toward you clears the path toward implementing proactive measures meant to soften the rigidity of your client’s misperceptions.

One such measure entails bringing the client into the decision-making process so that your client feels part of the team and of what is happening on your end and how that is affecting his case.

One way* you can achieve success in building a more harmonious relationship with your client, and increasing the chance of such harmony post-representation as well, is by providing your client with constant weekly updates.

Such updates should be in writing. You use this avenue to present to the client what has occurred in his case for the past week, where you are now, and what work you and your team will undertake for the next foreseeable future.

Such updates could be short or long depending on the case development, but they are essential.

Your client may be less enthusiastic about them, and not because of billable time. Many clients and lawyers make the argument against them based on the pragmatic worry that such additional billing expense will create tension in the attorney-client relationship. You can simply eliminate that worry by not billing your time for creating such updates.

What I believe to be the truth is that lawyers are busy and have other urgent work to take care of, considering such undertaking trivial; further, some clients feel more comfortable burying their head in the sand and letting their lawyer take care of what is above the ground.

Clients who are not open to such updates believe in the fallacy that the attorney is a miracle worker instead of a strategic legal adviser. Whether intentional or not, this willful blindness is not bound to open your client’s understanding of what happens in their case, and is even less likely to help them understand their invoice.

That lack of understanding is likely to morph into true resentment, if not more, expressed against you at some point.

Most clients do appreciate transparency and the lawyer’s effort to ensure their involvement, even at this passive level, in their case.

Additionally, such updates provide an immediate written record of the case, which will also serve the important purpose of an effective recollection tool, whether it is needed by the client or lawyer, as sometimes it could be remembered differently by each.

Example

Mary hires a lawyer in relation to a lawsuit that she is seeking to file and pays a $3,000 deposit.

The lawyer reviews the facts of the case, has one 1½-hour phone call with the client to discuss the facts, conducts the necessary legal research to properly apply the law to the facts, identifies pertinent claims and corresponding damages, and has another 1½-hour phone call with the client to discuss his findings and proposed claims to be subsequently filed in a complaint, and drafts the complaint.

This work occurs over a period of three (3) weeks. At the end of these three weeks, the lawyer’s billed time at $500 per hour rose to $9,000 in charges.

The lawyer’s office sends the client the invoice at $9,000. It would be an understatement to say that the client is unhappy at the sight of this amount, erroneously assuming that her $3,000 deposit is covering the entire work over the three-week time.

Had the lawyer sent an update each week summarizing what the lawyer is working on and what he will work on next, identifying any concerns that he may have regarding the client’s set of facts in view of the legal grounds available to assert pertinent claims, and identifying how he will try to get around such obstacles, it would have provided Mary with an opportunity to be informed of the level of work that is occurring.

This would make it easier to align the billing with visible progress, and Mary would have realized that her lawyer is actively protecting her interests and recognizing the value being delivered.

When the invoice arrives, Mary would have paid it readily because the expense is tied to an understood objective and work volume.

Constant Updates Are Beneficial in Many Ways

• Clients appreciate the work you do when sharing it with them.
• Clients align billing with the progress on their matters.
• Clients get to understand more about the strengths or weaknesses of their case as the lawyer shares with them any legal obstacles in asserting a claim or defense.
• Clients feel respected – taking the time to identify what you have been working on and what you will undertake next will immediately make your client feel that you respect his time and his financial expense.
• Clients will not face the “sticker shock” invoice as the client is a team participant in his own matter.
• Clients appreciate transparency, which will solidify the trust they have in you.

Summary

• Prepare case updates to clients – if there was little work done, the updates should be significantly shorter; if there was no work done, the updates should state as such and why there is no work done. If the reason for not having work done is because the client asked you to hold off work, then your updates should confirm expectations.
• The updates should concisely state what was done and what you are going to do next, as well as upcoming deadlines. If possible, include estimated hours for the next week/period.
• The updates should be prepared on a weekly basis.
• They should be prepared by the lawyer – not the paralegal – so as to ensure that the updates contain legal advice, if needed, and simply out of respect for the client.
• Invite the client to provide feedback or ask questions regarding the same.

For more discussions about lawyers, clients, legal practice, and the realities of the legal profession, visit AskSimina.

Cheers,

AskSimina

*In subsequent articles, I will discuss other methods that you could implement.

P.S. The reference to the client as “he” is purely for writing ease and can be read as “she,” as it is not meant to refer to clients as only men.

Further Reading

The American Bar Association has also addressed the connection between effective client communication, billing, and payment. Its guidance notes that clients are more likely to pay promptly when they understand what they are being billed for and receive regular information about the status of their matter. How to Get Clients to Pay Their Bills — American Bar Association

The ABA also discusses how clear and consistent communication can reduce confusion surrounding legal bills and improve client relationships. Communicate Better with Clients on Your Bills — American Bar Association

For additional information regarding attorney fees and the factors that can affect them, see the Cornell Legal Information Institute’s overview of attorney’s fees. Attorney’s Fees — Cornell Legal Information Institute

The content above is simply an opinion that could be faulty and not thoroughly researched and should not be taken as an evidentiary fact, advice, or rule to follow. This is not legal advice. Please consult an attorney for your legal question or matter.