Signs In the Times

by Andrew McAfee on January 27, 2008

Two recent articles in the New York Times caught my eye. The first, by Lisa Belkin in the January 24 ThursdayStyles section, was titled "Who’s Cuddly Now? Law Firms." This article builds on an earlier one by Alex Williams in the Times chronicling the declining prestige of law as a career. Belkin’s article describes a number of radical (by the profession’s historical standards, anyway) steps taken by many law firms in order to make them better places to work, especially for bright young people.

These steps include a move away from the traditional laserlike focus on billable hours as the desideratum for a lawyer who wants to rise within the firm. Some law firms, according to the article, have done away the concept of billable hours altogether. 

My ignorance of law as a culture and profession is almost complete, and I have no idea what the overall impact of these moves will be. They’re still very interesting to me from my perspective as a researcher on IT’s impact on work, though, because they might be able to address one of the challenges around Enterprise 2.0.

As I wrote in an earlier post titled "The Pursuit of Busyness," many organizations emphasize (in ways both formal and informal, overt and subtle) that their people should engage in activities that are directly, obviously, and immediately ‘productive.’ Within law and consulting firms, working billable hours is the clearest example of such an activity. 

So downplaying or doing away with billable hours provides leaders at these firms with an interesting and perhaps unique opportunity to communicate to the workforce what kinds of activities should take the place of billing the client upward of 2,000 hours per year. If these leaders are serious about improving collaboration, knowledge capture and sharing, innovation, and information flow, they can take advantage of both the novel tools of E2.0 and the novel work environment they’ve just created as they de-emphasized billability.

As I wrote earlier this month, building on a very sharp post by Michael Idinopulos, they could do this by putting the use of their company’s emergent social software platforms ‘in the flow’ of work for their people. A major change in corporate culture like the decline and fall of billable hours presents a major opportunity to reshape what the culture measures, values, and esteems. This will in turn, of course, affect what people do during a workweek.

Would a law firm or consulting company be better off if it went from having a standard of 40 hours of billable work each week to a standard of spending half a day (or a day, or whatever) each week helping colleagues and the enterprise as a whole via the modern social digital toolkit of blogs, wikis, mashups, prediction markets, comments, ratings, votes, RSS feeds, etc.? In some law firms at least, it sounds like there’s an opportunity now to answer that question.


The second article, in yesterday’s business section, was by Steve Lohr and titled "Belt-Tightening, but No Collapse, Is Forecast in Technology Spending." It relates how corporations are not slashing their IT spending at present despite fears of a recession and other unsettling economic news. Lohr relates that while US corporate tech spending fell 11% in the two years after the dot-com bubble burst, IDC forecasts that IT spending will continue to grow this year, but at 4% rather than last year’s 7%. 

Belief in the power of technology is nicely summed up in the article by a quote from Monte Ford, the CIO of American Airlines. He states his company’s three biggest costs are people, planes, and fuel and maintains that "Technology remains the best lever for getting more value from all those, making your employees more productive, making better use of your fleet, and increasing your fuel efficiency."

The article corresponds well with what I’ve been hearing at conferences, within companies, and in executive education classrooms. The deep skepticism about IT that was part and parcel of the dot-com hangover has largely passed, and has been replaced by a cautious optimism and sincere curiosity about IT’s power. My MBA course "Managing in the Information Age" has attracted almost 120 students this semester, a growth rate of over 50% from last year. I’d like to attribute this to my "To Sir, With Love"-level classroom abilities, but I think that like so many other things, this is not about me. It’s about an awareness on the part of some smart young people starting their business careers that they’d better add some tech to their managerial toolkits.

  • http://kmspace.blogspot.com Doug Cornelius

    As a lawyer in a big law firm, I recognize both the pros and cons of the billable hour. That is true from the lawyer/client relationship and the impact on a working attorney. I do not think there will be a de-emphasis on bill-ability any time soon.

    We are putting our first enterprise 2.0 platform in place on March 1 as part of our ongoing knowledge management program.

    One interesting thought on E2.0 at a law firm is that lawyers operate more in a caste system than a hierarchy. Lawyers will move from case-to-case working with different groups. They rise up the caste as they get more experience. But will continue to work in ad-hoc groups as matters start, operate and end.

    Doug

  • http://legalfrontier.com Andrew Mitton

    The lawyerÂ’s excuse for the billable hour has always been that itÂ’s impossible to predict the outcome of a case or transaction and the time to handle those matters. I think if they kept data on cases and components of cases and transactions that they would be able to make an estimate on a project, just like a construction company makes an estimate on building a building. But this will change. Once they have the data, they can switch to a fixed fee, which will then make the climate much more suitable for collaboration and use of the “social digitial toolkit.”

  • http://www.seo-mind.com Danny Sam

    Working in an leading outsourcing company in India, your article about the Signs of Times is really interesting!!

  • http://www.khairulazmi.com khairulazmi

    Could’nt agree more with Danny Sam,
    I also feel the some about your articles.
    Keep up the good work.

  • http://www.onlinecontactlenses.nl Contactlenzen bestellen

    I must agree that your article about the Signs of Times is very interesting. But I’m not sure if I have to agree with Danny Sam.

  • http://yicrosoftdirectoryblog.com Yicrosoft Directory

    Have you read the article about the “Death Of the New York Times?” I’ll try to find the article and post it.

    I just read it this week.

    alejandro

  • http://auctions.fastrealestate.net Auction

    “the declining prestige of law as a career”

    The whole legal vertical is saturated in the USA,this is part of the reason there is such an image problem.

  • Nick from Avvo

    The legal profession is in the middle of a multifaceted revolution. You allude to a few of the fronts yourself- changes in perceived prestige as a career and doing away with the billable hour- but that’s only the tip of the iceberg. There are also legal outsourcing, dramatic changes in technology, a big push towards employee satisfaction and even online lawyer ratings to contend with. It’s arguable that, for one reason or another, the legal profession has been insulated from the types of dramatic changes that have shaken other industries, leaving it relatively opaque and even inefficient. But as we keep hearing about these types of changes turning law on its head, it seems itÂ’s catch up time. It will be very interesting to see how things shape up over the next decade.

  • http://www.lawyers-that-win.com San Antonio Lawyer

    I strongly agree that the legal profession is dramatically changing, and catching up with it is crucial, but its unfair to say that the prestige of the career is at low.

  • http://www.sjsinfo.net SJS

    I don’t agree with those who say that the law/legal profession is not worth prestige and i too think that only after the data collection or estimation of the case by the law firm, then only they should switch on to social media.

  • http://webmaster@daytonlawyerandattorney.com Dayton Lawyer

    I agree with San Antonio, I don’t think the prestige of the law profession is diminishing. I simply think it is changing with the times, which is a requirement to make it viable for younger people.

  • http://www.vbuzzer.com Web Conferencing

    Interesting topic, if the law firm is lucky to have big corporate clients, no problem with billable hours. But for the Enterprise 2.0 type of business, billable hours will be a hurdle – it can be difficult to find a payer.

  • http://www.truck-accident-lawyers.org/ truck accident lawyer

    Information technology is back bone of the modern business, there is no field which can run without the Information Technology. So i think that the post is worth and knowledge providing.

  • http://orlandolaw.com Orlando Law

    I agree, the prestige is not necessarily diminishing, it's just changing, as in many other professions as well. The more technology is involved, the more it will change, and faster as well.

  • itjob123

    this artical is good…

    It's arguable that, for one reason or another, the legal profession has been insulated from the types of dramatic changes that have shaken other industries, leaving it relatively opaque and even inefficient. But as we keep hearing about these types of changes turning law on its head, it seems itÂ’s catch up time. It will be very interesting to see how things shape up over the next decade.

    http://www.staffingpower.com/

  • itjob123

    this artical is good…

    It's arguable that, for one reason or another, the legal profession has been insulated from the types of dramatic changes that have shaken other industries, leaving it relatively opaque and even inefficient. But as we keep hearing about these types of changes turning law on its head, it seems itÂ’s catch up time. It will be very interesting to see how things shape up over the next decade.

    http://www.staffingpower.com/

  • http://www.sddglobal.com Legal Dodo

    Although the billable hour does not seem to be dead as yet, its days are definitely numbered. Clients are increasingly demanding reduced legal costs, forcing the law firms to innovate. One solution to the high legal fees problem is legal outsourcing.

    With the advent of legal process outsourcing, legal work is now being done at a fraction of the cost in countries like India, without compromising in quality. Legal outsourcing providers are helping buyers of legal services in the U.S. reduce costs dramatically by providing cost effective legal solutions.

  • http://www.testcountry.com/products.html?product=1252 T.C. Parks

    Now that our country is in recession business will find ways to minimize cost and legal dodo is right billable hour will soon be dead. Almost all the company I knows have engage in outsourcing to reduce cost.

    This is a well written article and very informative to say the least

  • http://www.confirmbiosciences.com/ confirmbiosciences

    Billable hours days are numbered. Company/Business are trying to save as much as they can in order to stay afloat. With the current state of the economy who can blame them?

    Very good informative article thanks.

  • http://www.testcountry.co.uk/ TestcountryUK

    I 100% agree. with confirmbiosciences that Billable hours are so numbered. With the economy plumming am sure everybody is tightning their belt

  • http://printerinkcartridges.printcountry.com/canon-ink-toner-cartridges.php Cannoninkcart

    Billable hours?  Most people I know of already use Legal outsourcing service.  I believe a lot of people will follow the format of legal outsourcing service.  Companies/Business just cant afford billable hours anymore with the dollar value falling the in world market and the economy is barely and I mean barely moving.

  • http://www.yoyoink.com/categories/Inkjet-Cartridges/Brother-Inkjet-Cartridges/ Yoyo

    Many firms also set bonus or penalty clauses to make sure that each lawyer achieves their billable hour quota. This can exert pressure on both home and work life with longer hours in the office. Tedious, time consuming tasks such as proofreading corporate reports, document reviews and travel hours are all required to be billed by the hour.

  • http://www.orosupply.com/categories/Toner-Cartridges/Samsung-Toner-Cartridges/ Oro

    Nearly all law firms make their money by billing their clients by the hour. These are known asbillable hours. The more hours billed, the more money the firm will make.

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