I heard from an attorney seeking advice about billing and collection during the current crisis. Essentially, he wanted to know what to say and do to accommodate his clients without jeopardizing his firm’s cash flow.

The answer is, it depends.

You know your clients and no doubt have some insight into what they might be going through and what they can handle. Likewise, you know (or can find out) what your landlord and vendors and lenders might be willing to do if you need some accommodation.

That’s why it depends. Your situation might be very different than the firm’s next door.

For most firms, one thing I wouldn’t do is announce a practice-wide abeyance (e.g., 30 or 60 days) on outstanding balances.

Why do that if you don’t have to?

On the other hand, announcing a practice-wide abeyance on late fees and interest might be a nice gesture.

One thing most firms should do is email all clients and tell them that if they have any issues regarding their bill/account during this time of crisis, to contact you to discuss it.

Acknowledge that they might have an issue. Be compassionate and flexible if they do. But don’t shoot yourself in the foot.

Some will contact you and you can work something out. Some won’t respond and you’ll need to deal with them on a case-by-case basis, if and when necessary.

Few anticipated the extent of this crisis or were prepared for it. It is truly a case of first impression.

All any of us can do is to treat our clients the way we would like to be treated if the roles were reversed.

Stress-free billing and collection for attorneys: Get the Check

In The Wizard of OZ, each of the main characters wanted something. The Scarecrow wanted brains, the Tin man wanted a heart, and the Cowardly Lion wanted courage.

To succeed as lawyers, we need all three.

Of the three, the most important trait for financial success is courage, according to a large study of wealth in America.

You can read it about the study and its conclusions in The Millionaire Next Door by Dr. Thomas Stanley.

Dr. Stanley tells us:

“Courage can be developed. But it cannot be nurtured in an environment that eliminates all risks, all difficulty, all dangers. It takes considerable courage to work in an environment in which one is compensated according to one’s performance. Most affluent people have courage. What evidence supports this statement? Most affluent people in America are either business owners or employees who are paid on an incentive basis.” [emphasis added]

So, are you paid on an incentive basis?

You can be.

Whether you bill by the hour, flat fees, or any other type of fee, look for ways to add incentives–extra fees, bonuses, stock, percentages of the deal–to be paid to you if and when you achieve certain results for the client.

You can also do this in contingency fee cases. A higher percentage or bonus that is triggered when you reach one or more specified thresholds.

You should do this because there are only so many hours in a day and if you want to earn more than the average attorney, this is a good way to do it.

Assuming the client agrees and the state Bar approves.

I know, the idea both excites you and scares you. You have a lot of “what ifs” going through your mind. It may not even be possible in your jurisdiction.

Do yourself a favor and find out.

“Most affluent people have courage,” Dr. Stanley says. How about you?

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