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The Double Billing Dilemma

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The Double Billing Dilemma (continued from previous page) Danny Cevallos is an and which to essentially give attorney and the co-founder free services—something that AttPro Snippets of Cevallos & Wong, LLP. might not sit well with partners Danny has hosted/anchored and superiors. This can be a Do you have a pile of colleagues’ and clients’ In Session on CourtTV and challenging responsibility for business cards stacked on your desk? TruTV, and is now a legal young associates. In addition, Since business cards are still one of the analyst and columnist for although most new associates are most popular means for collecting contact CNN, and a regular on Legal highly industrious and likely to View with Ashleigh Banfield, information, the data should be entered pull out work on a train instead of Erin Burnett OutFront, CNN into your new contact folder before it is Newsroom, CNN’s New Day, watch laptop movies, they are not eaten by the mysterious black hole that has provided much motivation when and AC 360 with Anderson already captured your missing socks. Apps Attorney 3, who is lounging and Cooper. He is also a regular THE DOUBLE for scanning business cards can capture all watching action movies, is, under on HLN shows Nancy Grace, the data and then upload it to your contact Dr. Drew On Call, HLN Now, the ABA Model Rules, not only database. Because each lawyer’s needs and and Jane Velez-Mitchell. BILLING DILEMMA following the rules but equally as productive in generating hourly preferences are unique, it would be difficult The scene: Three attorneys from the same large, fees as his apparently more to recommend the right software for your Philadelphia-based law firm are traveling on the train industrious associates. firm. However, CamCard and ScanBizCard from Philadelphia to New York to attend a hearing for are two reputable apps that can serve as So how do associates decide Client A. All three attorneys are billing their travel to a starting point in your research. For more whom to benefit with free Client A and have turned on their laptop computers. information please visit: labor? The best advice for new Attorney 1 is working on his oral argument for associates is the same advice • CamCard (camcard.com) Client A’s hearing. Attorney 2 is working on a that solves 90 percent of other brief for another client, Client B. Attorney 3 is • ScanBizCard first-year problems: ask someone. watching Spiderman 2 and dozing in and out of sleep (circleback.com/scanbizcards) Associates should never think with a soda and a bag of chips close by. Which of these that billing is too small an issue attorneys is the most “productive” biller? to bring to a partner’s attention. Visit us at After all, billing is the lifeblood of The answer is all three attorneys are equally productive because each firms and the issue that partners attorneyprotective.com is prohibited from “double billing.” Double billing is the act of charging more than one are constantly addressing. client for services that are rendered at the same time, i.e., generating an hour of billing Partners will be happy to guide for Client A and an hour of billing for Client B during the same single hour. According you on billing issues and will to most commentators, double billing is unethical and violates two of the American appreciate that you care about Like what you’ve read? Bar Association’s Model Rules of Professional Conduct: Rule 8.4, which prohibits them. Almost all partners dread dishonesty, and Rule 1.5, which prohibits a lawyer from charging an unreasonable fee. having to review submitted bills AttPro’s article Spring Screening: Snag Most commentators agree that if an attorney completes work for more than one client and reconstruct their associates’ ‘em or Flag ’em was recently co-branded at the same time, the attorney should bill only one client and the other clients should work before they can submit these with one of our distribution partners and benefit from the attorney’s efficiency for free. crucial bills to clients each month. republished in the Orange County Bar In the scenario above, Attorney 1 is prohibited from billing Client A twice in the same Anything new associates can do Association newsletter. The Orange County hour—once for traveling and again for working on the oral argument during that to lessen this burden on partners Bar has over 7,000 members. If you are travel time. Attorney 2 cannot bill Client B if he is already billing that hour to Client A. is likely to be appreciated and interested in co-branding opportunities, welcomed. please contact AttPro’s Risk Management These are classic examples of double billing and common dilemmas for associates Originally published in ABA Journal May 2008 Lead, Erin McCartney at: who travel frequently. Associates are charged with deciding which client to bill [email protected] (continued on next page).
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