ABA investigates hourly billing

The American Bar Association (ABA) has launched an investigation into billable hours amid 'growing concern' that the demands of increasing billables is compromising the health and well-being of lawyers.The issue first arose following a reported crisis in the number of pro bono hours contributed by lawyers in large law firms.

The ABA said: 'Reports suggest that there is a negative impact involunteer representation directly attributable to the escalation in law firms' salaries and the concomitant demand for lawyers to work and bill more hours.'Additionally, many practitioners are complaining that their worth is being judged solely in terms of the amount of hours billed and not in the quality of those hours or onother factors, such as mentoring or pro bono contributions.'The commission on billable hours is headed jointly by Jeffrey Liss, chief operating officer of leading national firm Piper Marbury Rudnick & Wolfe, and Anastasia Kelly, general counsel for Sears Roebuck & Co.

US Supreme Court judge Stephen Breyer is an honorary member of the commission.ABA president Robert Hirshon said: 'Firms will have to think differently - not an easy proposition for traditionally conservative, risk-averse institutions.'But for the sake of profitability and the preservation of that wonderful law firm life, we must begin to look at value instead of cost when determining fair payment for services rendered.

It will mean accepting some risk.

It will mean that efficiency and process improvements will increase profits.'The ABA suggests to firms that 3% of their billable hours should be spent on pro bono work.

The annual American Lawyer survey of the 100 largest firms found in 2000 that pro bono work continued to decline.

Lawyers in the table put in an average of 39 hours' pro bono work a year, one hour down on 1999 and 17 hours down on the high in 1992.A recent survey by the National Law Journal showed that Washington-based Wilmer Cutler & Pickering and New York's Debevoise & Plimpton contributed the most pro bono work among the top 250 firms, with each spending more than 6% of billable hours on it.Neil Rose