content hub
>
>

Understanding Billable vs. Non-Billable Work for Law Firms

By
Jessica Paxton
Published 
2024-10-01
Updated 
2024-10-01

Understanding Billable vs. Non-Billable Work for Law Firms

2024-10-01

Effectively managing billable hours is essential for any law firm's profitability and productivity. For attorneys, maximizing billable hours while maintaining high-quality client service determines the difference between a thriving practice and one that struggles financially. 

Understanding how to track, optimize, and protect billable hours from non-billable interruptions empowers law firms to improve their financial performance and operational efficiency.

In this post, we'll explore billable versus non-billable work, share strategies for maximizing attorney billable hours, and provide information on how modern solutions can help you protect your most valuable resource — your time.

What is billable legal work?

Billable work describes any activity or task a law firm can charge a client for. This typically includes time spent on practices directly related to a client's case or matter. Understanding what constitutes billable work is crucial for accurate invoicing and maximizing law firm profitability. Attorneys must track these activities meticulously to ensure proper client billing and to evaluate which types of work generate the most revenue for the practice.

Examples of billable legal work

  • Client Consultations: Initial meetings with clients to discuss their cases can be billable. This includes phone, video, and in-person consultations.
  • Preparation and Research: Time spent researching case law, developing case strategies, and preparing legal documents is also billable.
  • Court Appearances: Time spent traveling to and from the court location is also billable.
  • Reviewing and Drafting Documents: Creating and reviewing pleadings, contracts, and other legal documents for a client's case is also billable.
  • Mediations and Negotiations: Time spent participating in mediation sessions and negotiating settlements is also billable.

What is non-billable legal work?

Non-billable work includes tasks required to run a law firm that cannot be billed directly to a client. While these activities are necessary for business operations, they do not generate immediate revenue and must be funded through billable hour earnings. Understanding which activities consume time without generating revenue helps law firms identify opportunities to optimize attorney billable hours and improve overall profitability by minimizing or delegating these tasks appropriately.

Examples of non-billable legal work

  • Administrative Tasks: General office administration will be non-billable, including managing email, scheduling appointments, and office management.
  • Business Development and Marketing: Time spent on marketing activities, such as writing blog posts, maintaining a website, and attending networking events, is non-billable.
  • Professional Development: Attending continuing legal education (CLE) courses or training sessions is also non-billable work.
  • Firm Meetings: Internal meetings unrelated to a client's case are non-billable.
  • Pro Bono Work: Legal work performed for free or at a discount for public service will be non-billable.

Tracking billable vs. non-billable work

Accurate tracking of billable and non-billable work is essential for effective time management and financial planning. 

Law firms that meticulously track billable hours gain visibility into productivity patterns and can identify where valuable time gets lost to non-billable activities. Here are some best practices for tracking each type:

  • Use Time Tracking Software: Implementing reliable time-tracking software helps accurately record billable hours. Many tools allow you to categorize work as billable or non-billable, providing clear insights into how time is allocated.
  • Regular Time Audits: Regular audits of time entries ensure that all billable work is recorded correctly and help identify opportunities to minimize non-billable work.
  • Detailed Time Entries: Ensure that all time entries are detailed and specific. Include descriptions of tasks performed, the client or case associated with each task, and the duration of each task. This level of detail helps justify invoices to clients and provides transparency.
  • Segregate Non-Billable Work: Use your time-tracking software to segregate non-billable work. This will help you understand how much time is spent on administrative and other non-billable activities and can improve overall efficiency.

Managing billable work effectively

Maximizing billable hours while maintaining high-quality client service is a primary goal for any law firm. Here are some strategies to manage billable work effectively -

  • Set Clear Expectations: Communicate clearly with clients about what tasks will be billable and provide regular updates on the progress and associated costs. This helps manage client expectations and reduce billing disputes.
  • Prioritize Tasks: Focus on high-priority, billable tasks first. Use project management techniques to organize and prioritize work, ensuring that billable work is completed efficiently.
  • Automate Where Possible: Use technology to automate repetitive tasks. Automation tools can handle document generation, legal research, and other tasks, freeing up time for billable work.
  • Monitor and Improve Efficiency: Regularly review time logs and seek ways to improve efficiency. Look for patterns or tasks that take longer than expected and find ways to streamline these processes.

Best practices for maximizing attorney billable hours

Law firms that systematically protect and optimize billable hours achieve higher profitability without requiring attorneys to work longer days. These best practices help maximize the time available for revenue-generating client work.

Set clear client expectations and billing parameters

Communicate clearly with clients about what tasks will be billable from the initial engagement. Provide regular updates on billable hours accrued and associated costs throughout the matter. This transparency helps manage client expectations, reduces billing disputes, and ensures clients understand the value they receive. Detailed engagement letters that specify billing rates, minimum increments, and which activities generate charges prevent misunderstandings and reduce billable time spent resolving conflicts.

Prioritize high-value billable tasks

Focus on high-priority, client-facing work that generates revenue before addressing administrative or internal matters. Use project management techniques to organize and prioritize work, ensuring that billable tasks are completed efficiently. When scheduling your day, block time for substantive legal work and protect these periods from interruptions. Junior associates should handle lower-value billable tasks while senior attorneys focus on work that commands higher rates and requires their specific expertise.

Leverage time-tracking technology

Modern time-tracking software captures billable hours with minimal effort, reducing the administrative burden that itself consumes non-billable time. Tools that integrate with practice management systems enable automatic time entry when working on client matters, eliminating the need for manual reconstruction at the end of the day. Mobile time-tracking capabilities allow attorneys to record billable hours immediately, whether in court, at client sites, or working remotely, ensuring no billable time goes unrecorded.

Minimize interruptions and context switching

Constant interruptions from phone calls, emails, and administrative questions fragment the attorney's attention and reduce billable hour productivity. Research shows that context switching — moving between tasks or matters — significantly reduces efficiency and increases the time required to complete billable work. Create focused work periods where attorneys can concentrate on complex legal tasks without disruption. Establish protocols to route non-urgent inquiries away from attorneys during designated billable work hours.

Delegate and automate non-billable work

Systematically identify which activities consume attorney time but cannot be billed to clients. Delegate these tasks to paralegals, legal assistants, or administrative staff whose time costs less than attorney billable rates. Automate repetitive tasks through technology — document generation systems, legal research platforms with saved searches, and automated client communication for routine updates, all free attorney time for billable activities.

AI Receptionist and Virtual Receptionist services offer another effective way to protect billable hours. AI Receptionist handles routine call screening, appointment scheduling, and frequently asked questions 24/7 without attorney involvement. Virtual Receptionist services provide professional legal receptionists who perform conflict checks, qualify leads, and manage intake conversations requiring human judgment. Both services integrate with practice management systems to log client information and automatically schedule appointments, eliminating non-billable administrative work that would otherwise divert an attorney's focus from client matters.

The goal is to ensure attorneys spend their time on work that only attorneys can perform and that clients will pay for.

Optimize your billable hours with Smith.ai

Understanding and optimizing billable hours for attorneys is essential for law firms that want to increase profitability and productivity. By effectively tracking billable time, implementing best practices to protect attorney focus, and utilizing AI Receptionist and Virtual Receptionist services to eliminate interruptions, law firms can maximize the time attorneys spend on substantive client work that generates revenue.

When you need additional help protecting your firm's billable hours, consider a law firm answering service like Smith.ai to handle client communications professionally. We also offer services like conflict checks, lead vetting and intake, and appointment setting that free your attorneys to focus on billable legal work.

To learn more, schedule a consultation or reach out to hello@smith.ai.

Written by Jessica Paxton

Jessica Paxton is the Product Marketing Manager at Smith.ai.

Take the faster path to growth.
Get Smith.ai today.

Affordable plans for every budget.

Take the faster path to growth.
Get Smith.ai today.

Affordable plans for every budget.