Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

11 Factors to Collecting Attorney Fees on a Timely Basis

By Peter Oliva
April 01, 2018

One of the biggest headaches in most businesses around the world comes down to collecting fees for services performed. No hard-working attorney likes to work for free or have that terrible feeling of anxiety wondering if their clients will ever pay.

Cash flow is the lifeblood of running the firm. Positive cash flow allows you to:

  • Have psychological peace of mind;
  • Focus on practicing law and operating efficiently;
  • Obtain discounts from vendors and gain purchasing power;
  • Be in a position of strength when settling outstanding invoices due;
  • Earn excellent credit ratings from financial institutions to establish lines of credit; and
  • Create flexibility in making business decisions.

Most of the time, delayed payments are a result of actions by the law firms themselves. Let's take a look at 11 factors impacting the collection of attorney fees on a timely basis and how to avoid these mistakes.

  1. Poor billing practices. Significant accumulation of time before a client is invoiced.
  2. Poor internal structure. Lack of discipline for accumulating time and getting invoices out in a timely fashion.
  3. Mailing invoices. Set a time deadline for mailing the bills. Consider electronic mailing of bills (this saves time and postage). Some clients today require e-billing. Please make sure your billing system meets the e-billing requirements.
  4. No policy or enforcement for retainers and replenishment of retainers.
  5. Not taking action once payments are past due. Some law firms don't take action right away or even ignore the issue that these payments are past due. Clients feel like they are safe if they don't receive any notification from the law firm that provided services. So rather than wait, contact the client as soon as possible.
  6. Worrying about losing clients. You may not want to have the conversation about past due fees, but what good is a client if they don't pay? Try to create a relationship with you client that is beyond fees. Make them feel comfortable before you ask about the past due fees.
  7. Weak forms of communication. Law firms should consider sending emails or calling clients directly rather than send them thru U.S. Postal services. This will speed up the clients' awareness of past due bills that have not been paid yet.
  8. You cannot expect every single client to pay on time. Sometimes clients simply forget. Setup Outlook Calendar reminders to make calls to past due clients who need a reminder themselves.
  9. Cutting deals for Past Due Bills. If you start giving out discounts for past due clients, you are running the risk that other clients may hear about this and also start to delay their payments. Be strict on collecting the total amount of the fees but also be flexible on the timing process of payment if necessary.
  10. Try to run a report on past due clients either weekly or monthly. This will help you keep track of which clients are past due.
  11. Assign the task of collections to an employee outside of just running reports (create a policy). The reports are great and will help make firms aware of past due clients, but what good are reports if nobody is following up? Assign someone in the firm to make sure they are making calls/emails to these clients that are past due. Any unsuccessful collections should be reported to the owners of the firm to see if further action is necessary.

If you are constantly running into issues with collecting past due attorney fees, try to follow the corrective actions to the problems listed above and hopefully all your client collection nightmares will go away. The key to success is too simply stay on top of it and don't delay the issues. Time is money, so lay down the law when clients are delaying their payments.

 

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.