THE TRUTH ABOUT THE BILLABLE HOUR

Let's set the record straight from the beginning: You are not alone if the billable hour is causing you misery. In fact, you are in the majority. Welcome to the club.

According to a 1992 poll conducted by California Lawyer magazine, 70 percent of lawyers surveyed said they would start a new career if they could. A 1990 American Bar Association survey found that 23% of lawyers were dissatisfied with their law careers. However, digging a little deeper into the report reveals some interesting findings. For example, in large firms, 80.7 percent of the attorneys stated that they might consider or were strongly considering changes in their employment! The percentage that would definitely not consider a change, you ask? Good question. The answer is 4 percent.

The degree to which discontent plagues our legal careers is stunning. So, why are so many lawyers dissatisfied, miserable, angry, and unhappy? Well, according to the American Bar Association's 1990 survey, one of the top reasons for lawyer dissatisfaction was a lack of time for self and family due to billable hour requirements. To help the uninitiated understand the effect of billable hour requirements we have amended the chart presented below from one presented by the Yale Law School Career Development Office, in order to more closely resemble our actual experience with billable hour requirements. The Yale chart begins with an examination of what work would look like with an 1800 billable hour target. In our experiences, 1800 billable hours would not only have guaranteed that we would never make partner, we probably would have been fired. So, let's start with 2100 hours, and then look at 2400 hours. We can assure you that there are many firms that, in reality, "require" a great deal more.

A. Objective: 2100 Billable Hours

	Assume you "work" from 8:00 am - 6:00 pm each day	10.0
	Assume you take one hour for lunch	- 1.0
	Assume you take two 15 minute bathroom/coffee breaks	- .5
	Assume you spend a half-hour reading legal updates and reviewing general correspondence	- .5
	Assume you will need to attend department meetings, occasional conferences, and do CLE	- .5
	This means that you work 10 hours a day but may bill 7.5 hours	=7.5
	If you work a 5 day week	x 5
	You have been at work 50 hours and billed 37.5	=37.5

	If you do this all year long, and we assume: 3 weeks vacation 2 weeks holiday No sick days or personal days
	You will work 47 weeks	x 47
	And have billed an annual average of	1762.5
	Not there yet!
	You need to gain another 338 billable hours.
	O.K. Forget any vacation. + 3 more weeks x 37.5 billable hours:	112.5
	For a total of...	1875

	If you work 10-5 two Saturdays per month with 1 nonbillable hour you will have 6 billabIes per day x 2 = 12 x 12 months	= 144
	For a new total of...	2019
	Need another 46. Shorten lunch to 3/4 hour...	62.5
	New total...	2081.5
	Getting close! Work 3 holidays partially . . . with short lunch...	18.5
	Congratulations, you did it! You billed...	2100
	But. . . You have been "at work"	2689
	The Commute With a one hour commute (from the time that you leave your home until you are at your desk and billing hours) you are "working" from 7:00 am to 7:00 pm, Monday - Friday, and 24 Saturdays per year. Oh, yeah, you also have no vacation, and it was a good thing you didn't have any sick days. At least you have some holidays left.

 

B. Objective: 2400 Billable Hours

	Assume you "work" from 8:00 am - 8:00 pm each day	12.0
	Assume you take an hour for lunch and an hour for dinner	-2.0
	Assume you take four 15 minute bathroom/coffee breaks	-1.0
	Assume you will need the same time for department meetings, conferences and CLE	- .5
	This means you "work" 12 hours a day but bill only	=8.5
	You do this 5 days a week	x 5
	You have "worked" 60 hours but have billed only	=42.5

	If you do this all year long, and we assume: 3 weeks vacation 2 weeks holiday No sick days or personal days
	You will work 47 weeks	x 47
	And have billed an annual average of	1997.5
	To gain the needed 400+ hours you could add two Saturdays a month
	If you work 10-5 two Saturdays per month with 1 nonbillable hour you will have 6 billables per day x 2 = 12 x 12 months	= 144
	For a new total of...	2141.5

	Still Short!
	So add another Saturday a month for 12 months	+72
	And have billed...	2213.5
	O.K. Kill the vacation 3 x 42.5	127.5
	Gives us a new total of...	2341
	Getting closer, but still 60 short. Shorten lunch to 3/4 hour...	62.5
	You made it!  You have billed...	2403.5
	However, you have been "at work"	3252
	The Commute With a one hour commute (from the time that you leave your home until you are at your desk and billing hours) you are "working" from 7:00 am to 9:00 pm Monday - Friday, and 10:00 am to 5:00 pm three Saturdays a month. You will have no vacation time, no sick time, and no personal time. Oh yeah, you will have no life either. And, by the way, These schedules do not account for any personal calls at work, training/observing, talking with coworkers, a longer lunch (to exercise? Christmas shop?), a family funeral, any pro bono work (if not treated as billable hours), serving on a Bar committee, writing an article for the bar journal interviewing an applicant, etc.