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Advice on Flat Fee Billing from Two Lawyers Who Do It


This
article
summarizes
key
takeaways
from
the
#ABATECHSHOW
presentation
“Flat
Fees:
the
F
Word
You’ll
Learn
to
Love”
by
flat
fee
pros



Regina
Edwards


and



Ashley
Pepitone

Summary
based
on
my
notes,
compiled
by
Chat
GPT
with
additional
editorial
review.


The
Benefits
of
Flat
Fees
for
Lawyers

This
presentation
on
flat
fees
for
lawyers
opened
by
highlighting
the
benefits
of
flat
fees.
First,
the
speakers
explained
the
problems
with
hourly
fees
including
unpredictability,
inefficiency,
and
client
dissatisfaction
with
surprise
bills
and
fee
disputes.
In
contrast,
flat
fees
provide
predictability
for
both
clients
and
lawyers
in
terms
of
revenue
and
workload.
Flat
fees
also
incentivize
attorneys
to
work
efficiently
and
develop
effective
systems
for
addressing
tasks.

Next,
lawyers
don’t
need
to
adopt
flat
fees
all
at
once. 
Instead,
they
can
structure
their
practice
areas
to
implement
flat
fees
selectively,
such
as
for
business/transactional
matters,
individual/personal
matters,
family
law,
estate
planning,
criminal
law,
and
immigration.
Lawyers
can
also
try
flat
fees
for
a
limited
period
or
specific
types
of
matters.

Another
benefit
of
flat
fees
is
that
they
incentivize
efficient
communication
by
lawyers. 
Lawyers
can
use
technology
to
communicate
efficiently,
frequently,
and
involve
clients
in
their
cases.
Lawyers
should
also
take
steps
to
develop
robust
communications
policies
for
clients
Various
communication
technology
resources
are
available
at
TechShow.com
to
help
lawyers
stay
efficient
and
keep
clients
informed.


Frequently
Asked
Questions
About
Flat
Fees

The
speakers
then
addressed
common
FAQs
on
flat
fees:


FAQ
1: 
What
happens
if
a
case
drags
out? 

A-
Consider
options
such
as
charging
flat
fees
per
month
or
per
trial
day
in
court,
or
creating
a
phase-based
fee
schedule
with
a
menu
of
services
outlining
fees
for
“extras.” 


FAQ
2-
How
can
lawyers
make
more
with
flat
fees
compared
to
hourly
billing
when,
for
example,
a
divorce
billed
by
the
hour
can
be
upwards
of
$50,000?

A-
The
speakers
noted
that
hourly
billing
can
be
far
more
limiting
than
flat
fees. 
Under
a
flat
fee
schedule,
a
lawyer
can
charge
a
modest
$5k
for
an
uncontested
divorce
and
handle
them
all
the
same
day
(for
a
total
of
$20k)
whereas,
on
an
hourly
schedule,
the
fee
would
be
much
less.
Flat
fees
also
don’t
depend
on
others
to
bill
and
collect
so

solo
practitioner
with
no
associates,
small
staff
and
systems
can
do
very
well. 
The
key
is
for
lawyers
to
figure
out
how
much
they
want
to
earn
each
month,
and
reverse
engineering
billing
to
design
a
practice,
figure
out
what
to
charge


FAQ
3

Are
flat
fees
ethical? 

A-
They
are
allowed
under
the
bar
rules
of
every
state,
but
must
be
done
correctly
and
in
accordance
with
state
requirements.
[Editor’s
Note

additional
ethics
of
flat
fee
billing
can
be
found
at

MyShingle

and

Attorney
at
Work
]   


FAQ
4

Will
clients
call
and
email
more
with
flat
fees? 

A-
It
can
happen
but
managing
client
expectations
is
key. 
To
minimize
calls,
lawyers
can
use
secure
client
portals
or
carefully
worded
case
updates
to
keep
clients
informed
without
using
up
lawyer
time. 
Lawyers
can
also
use
a
tight
engagement
agreement
for
flat
fees
with
options
such
as
a
monthly
subscription
model,
a
fee
schedule
per
event,
or
charging
in
stages.