Fixed Fees and A Long Cold Winter

We’ve been using fixed fees for many years. We don’t employ hourly billing at all. It works out pretty well for us and for our clients.

I’m not saying it’s perfect. But, most of our clients find it appealing and we’ve adjusted to the issues it creates.

One of those issues is coming up soon, in December.

December isn’t great for a family law practice built on fixed fees. The majority of our revenues are generated by new clients (a smaller portion comes from ongoing fixed fees for litigation matters). December is usually our slowest month of the year for generating new clients.

Why?

Well,  we close for several days in December for the holidays. Additionally, most folks are hesitant to start their divorce in the midst of the holidays. They want to wait until the new year starts so they don’t disrupt family gatherings or ruin the holidays for the children. You know the drill. Our revenues are usually about 20% lower than than in a typical month.

Unfortunately, our bills don’t take a break in December. Payroll is about the same, as are rents, phone bills and all the rest.

How do we cope? It’s challenging. We generally work to set aside cash throughout the year in anticipation of the change. We also have a credit line with a local lender that we can turn to if necessary.

Additionally, we become very conscious of the impact of the holidays. We watch our expenses very carefully and we stay on top of the collection of ongoing payments.

The key to managing December is awareness. We’ve got to plan for the shortfall and be prepared. Fixed fees bring a lot of good things – increased cash flow – happier clients – easier forecasting – but they also brings some challenges.

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Post written by Lee Rosen on November 4, 2009 in Finance

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{ 6 comments… read them below or add one }

Michael Roe November 4, 2009 at 8:14 am

Lee:

I have through the years been interested in offering fixed fees for my divorce clients. The only concern has been the calculation of the proper fee. Is there a resource that your firm employed to determine the appropriate fixed fee per case? Do you assess the case, determine the likely hours/costs, and then set a fee, such as a general contractor for a building might? Do you reserve for trial costs, ie exclude a trial , if required, from the fixed fee?

Thanks. I enjoy greatly your blog. If you could bottle your practice mgt. advice, you could sell it, and I would take a case. Or a truckload.

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Lee Rosen November 4, 2009 at 8:17 am

Michael,

Thanks for your kind words.

When we first switched to fixed fees we went back through 5 years of file and came up with some rough guidelines. Then we built the fee calculator on http://rosen.com.

We’ve had to refine the fees over the years and make some tweaks to the client agreement. Sometimes we get it right, but sometimes we’re off. Overall, it works out well.

Lee

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Michael Roe November 4, 2009 at 8:23 am

Lee:

Thanks for the quick and solid response. You must be at your computer with a cup of coffee, getting ready for the morning court call, as I am . Good luck today.

Mike

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Michael Roe November 4, 2009 at 8:30 am

Lee:

Fee Calculator function on your site is brilliant.
One note: after describing the litigated fee case, at the bottom of the page are these words:
“For an estimation of fees for a case that involves filing a lawsuit, click below.” I think the text meant to reference the non-litigated case, with the button being that for non-litigated.

It’s either early in the a.m. and I can’t see straight, or my proofread is correct, for your webmaster’s FYI.

Mike

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