Killing Time: A Limited Defence of Time-Cost Billing

Legal Ethics 13 (1):39-64 (2010)
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Abstract

This article considers what features ought to be looked for in an effective billing and charging system. It then looks at different approaches to billing that are adopted and tests them against the features of an ideal system. The author acknowledges that a billing framework which is effective, economically defensible and ethical is in fact impossible and the issue becomes what trade-offs are appropriate in any given situation. The author suggests that there is no one-size-fits-all panacea and what is worse, there are some situations in which no billing framework, however designed, will meet all of the challenges in fair and effective billing. It is suggested that the best approach is to make a principled choice between approaches that are each unsatisfactory to varying degrees. Discussions about billing frequently are either business strategies which develop techniques to maximise income. Others perhaps take a "ethics" approach and focus on what is fair to the client. This article seeks to avoid this conflict by recognising the conflicting tensions and to look for solutions that serve the interests of both lawyers and clients where possible

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