Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a partner in a small estate planning/administration law firm in Louisville, Kentucky. We are having a hard time getting a handle on determining the productivity of our associates and paralegals. Many of our associates and paralegals work part-time and the typical metrics such as 1500-1700 annual billable hours, etc. don't work for us. Do you have any thoughts or suggestions?

A. You might want to consider using a billable/worked ratio which is the ratio of billable hours logged to hours worked. For attorneys and paralegals that are totally focused on providing client services a good benchmark is 70%-73%. If an attorney or paralegal works 30 hours a week - you would hope to see 21-22 hours billable per week. Based on 50 weeks per year this would equate to somewhere around 1050 billable hours per year. For a full-timer working 8 hours a day or 40 hours per week - 50 weeks per year this would work out to around 1400+ hours per year. Most full-time attorneys work closer to 50+ hours a week and are expected to log between 1500-1700+ hours per year. The expectation for full time paralegals is around 1400 hours.

The 70-73% ratio is ambitious - but is achievable. For paralegals this goal will not be possible if they are loaded down with administrative duties. Excellent time management and time keeping skills and practices will need to be in place as well.

Animals may be mere items of property under the law, but we all know it isn't that simple. And family lawyers need to take that into account, Jennifer Shaw writes in the latest ISBA Family Law newsletter. "Within my own practice, I have handled numerous issues surrounding the custody, care and expenses of animals," Shaw writes."Learning the questions to ask [ e.g., 'Have you reached agreement as to where the pets will live?'] has helped me meet my clients’ needs." She went on to tell a story that underscores how much pets are part of the American family.

"A few years ago, I met with a new client. She had entered into an agreed dissolution without the benefit of counsel. The parties had a side agreement to equally divide time with and expenses of their dog.

"One year later, my client was transferred to a new position. After writing a letter to the opposing party indicating that the Marital Settlement Agreement failed to address issues regarding 'Molly,' I received a panicked call from husband’s original attorney. 'How in the world could I forget to include a child?' she exclaimed. After the relief set in, we were able to negotiate an agreement that provided for Molly to visit Husband when Wife returned to the area for holidays and vacations."

Here's the great part. "The strict letter of the law provided that as pre-marital property, Molly could have been awarded exclusively to my client," Shaw writes. "Nonetheless, she strongly believed that Molly would benefit from continued contact with her ex." Read the entire article.

The Supreme Court of Illinois has announced the filing of lawyer disciplinary orders entered yesterday, during the September 2012 Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law. All information is provided by the Attorney Registration and Disciplinary Commission.

The lack of diversity among Illinois lawyers – and the impact this has on our legal system – continues to concern the Illinois Supreme Court’s Commission on Professionalism. Join us in Chicago on Thursday, October 4^th for this educational, old-fashioned courtroom drama in which a civil suit proceeding is acted out by an entertaining cast of characters!

The Story: An African American woman from the South Side sues a Jewish real estate developer from the North Shore for defamation after being accused of stealing his watch and causing her financial harm.

The program opens with details of the case, followed by plaintiff, defendant and key witness testimonies. Once both sides have argued their case, the audience will act as jury. The seminar closes with a brief discussion, led by Shayne Aldridge and Allison Wood.

The Purpose: The program challenges our preconceived notions of race, class, ethnicity, and religion and forces us to acknowledge what happens when cultural biases collide with our legal system. Come discover how diversity – or lack thereof – affects all aspects of our profession!

This Master Series seminar qualifies for 2.0 hours MCLE credit, including PMCLE (subject to approval).

Click here for more information and to register

ISBA President John E. Thies is greeted by (from left) Illinois Judges Association (IJA) Immediate Past President, Illinois Appellate Court Justice Carol Pope, and IJA President, Judge Rita M. Novak, of Chicago, at a kickoff Wednesday announcing “Project 225” at the Illinois Supreme Court building in Springfield. This project is a special program starting the week of September 17 whereby scores of state judges will deliver 225 classroom presentations at high school civics classes statewide to celebrate the 225^th anniversary of the signing of the U.S. Constitution. Chief Justice Thomas L. Kilbride, other Supreme Court justices, government officials, and bar leaders joined Judge Novak, and members of the association, in a ceremony to explain the program and its objectives, emphasizing the Constitution’s history and contemporary relevance.

Some 1.9 million Illinoisans are considered “food insecure,” meaning they lack the ability to secure adequate food. The problem is especially acute for Illinois children, with one in four or over 600,000 children experiencing food insecurity.

These dire statistics were the impetus behind Lawyers Feeding Illinois, a new program announced by ISBA President John E. Thies, a shareholder at the Urbana law firm of Webber & Thies, P.C. Under the leadership of his wife Terry, Lawyers Feeding Illinois kicked off on Nov. 14 with a special event featuring Illinois Attorney General Lisa Madigan.

The program’s goal is noble and simple: collect food and raise funds for distribution to the eight Feeding Illinois member food banks. Law firms and legal organizations statewide will be encouraged to participate in a food and fundraising drive held during the final week in February 2013.

Even the choice of timing has a purpose. Most people loosen their purse strings during the holidays, according to President Thies. But feeding the hungry doesn’t start and stop between Thanksgiving and New Year’s. The campaign, they believe, will help call the public’s attention to the fact that donations are needed year-round.

“No one should ever go hungry because they can’t afford to put food on the table,” Thies says. “Even with the federal breakfast and lunch programs for children, and the federal food stamps program for families and individuals, there are still residents in Illinois who go hungry every day.”

The Annual Solo & Small Firm Conference is underway in Itasca. This event features the ISBA's first app, available for free download at http://crwd.cc/isba2012 Online registration is closed, but onsite registration is still available. Find out more about the conference at www.isba/soloconference.

Follow along from your office on Twitter via the hashtag #isbassf2012