http://www.lawbizblog.com/articles/q-as/ en-us Copyright 2009 Tue, 26 Sep 2006 09:36:14 -0500 Tue, 21 Jul 2009 12:46:29 -0500 http://www.movabletype.org/?v=3.34 http://blogs.law.harvard.edu/tech/rss make it easy to pay for the goods and services purchased. Difficulty in accepting payment will cause the customer to look elsewhere. At a personal level, I cannot tell you how many times I’ve started to buy something and turned away in mid-stream because the payment process was too difficult.

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Thus, lawyers should certainly consider accepting credit card payments.  They make payment easy for the client, and also make it easier for the lawyer to get paid, a benefit for both parties.  Use of the credit card provides convenience for both parties and  improved cash flow for you. The few dollars (2% to 4%, depending on your volume, the card and your ability to negotiate with your bank and processing agent) that processing fees cost you to get the money faster is offset by the ease of payment, the assurance of payment and the speed of collection. Payment in this fashion is made after the billing.

If you obtain the credit card information of the client in advance of the billing (for example, at the inception of the engagement) and permission from the client to charge his or her card after you send your bill, you will be paid more quickly. This acts as a negative check-off. With advance permission, the client can change his/her mind only with an affirmative call to you not to use the card, that there is some difficulty the client has with your bill. Of course, any such call requires immediate attention and response to clear up the issue to the satisfaction of the client. Short of full understanding and satisfaction by the client, there will likely be a disciplinary or even malpractice action in t he near future.

A couple of caveats are necessary. 

First, client payments by credit card should only be for legal services rendered.  They should not be requested or accepted for unearned retainers or charge-backs of unearned fees. To accept payment by credit card for retainers requires special care.

Second, there is a distinction between credit charges that are non-refundable under the terms of a client’s engagement agreement, and the right of the client to dispute the lawyer’s charges through traditional State Bar dispute resolution procedures.  Any dispute over fees paid by credit card should be settled between the lawyer and the client, governed by the rules of professional conduct.  The credit card company should not be involved. That is why I encourage the lawyer to insert language in the engagement agreement that provides the dispute resolution mechanisms, and reversal of credit card charges is specifically mentioned with the agreement of the client that he/she will deem the credit card payment as non-refundable for purposes of dealing with the credit card provider.]]> http://www.lawbizblog.com/2006/09/articles/q-as/can-clients-pay-their-legal-bills-with-a-credit-card/ http://www.lawbizblog.com/2006/09/articles/q-as/can-clients-pay-their-legal-bills-with-a-credit-card/ Q & A's Tue, 26 Sep 2006 09:36:14 -0500 edpoll@lawbiz.com (Ed)
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Budgeting begins by getting as much information as possible from the client about goals and expectations.  Information should cover parties, claims, anticipated strategies and desired outcomes, including whether a client prefers to go to trial or settle.  Understanding the client's objectives is the prerequisite of the budgeting process. The key to preparing the budget is to  involve the client in the preparation.  The client should also formally approve the final budget. Without client buy-in, the process is meaningless.  A budget can only be an estimate of what's going to happen and must be reviewed  periodically, with the client again accepting any changes that need to be made.  In billings to clients, they need to know how much they have already invested in the litigation, negotiation or transaction. This keeps everyone “on track” and informed. With such information always at hand, realization of payment is generally enhanced and the time between billing and payment shortened.

]]> http://www.lawbizblog.com/2006/09/articles/q-as/to-ensure-satisfaction-to-the-client-and-payment-to-the-lawyer-a-lawyer-must-budget-an-engagement-before-starting-/ http://www.lawbizblog.com/2006/09/articles/q-as/to-ensure-satisfaction-to-the-client-and-payment-to-the-lawyer-a-lawyer-must-budget-an-engagement-before-starting-/ Q & A's Sun, 17 Sep 2006 09:23:44 -0500 edpoll@lawbiz.com (Ed)
Make sure clients understand that they're entering a two-way relationship. The lawyer agrees to perform to the best of his or her ability in accord with professional standards, and the client agrees to communicate and cooperate fully - which includes paying the bill.  At minimum, both lawyer and client should stipulate and agree in the engagement letter about the scope of the work to be performed, what fee will be charged, how it will be calculated, when the fee should be paid, and the consequences of non-payment - including the lawyer's right to withdraw from the matter if payment is not made.  When you get agreement on things like this up front, your chances of collecting your fee go up significantly because the client understands what to expect.  The time to make it clear is right at the start - as documented in the engagement letter.

More to come...
]]> http://www.lawbizblog.com/2006/09/articles/q-as/whats-the-best-way-to-ensure-that-i-get-paid-when-i-take-on-a-new-client/ http://www.lawbizblog.com/2006/09/articles/q-as/whats-the-best-way-to-ensure-that-i-get-paid-when-i-take-on-a-new-client/ Q & A's Sun, 10 Sep 2006 19:09:26 -0500 edpoll@lawbiz.com (Ed)