I write with regard to Dick Jennings’s comment piece ‘Time is of the essence’ (see [2009] Gazette, 10 December, 10). His central premise is that legal services differ from other services in that cost cannot be predicted and value cannot be measured – a view that I fundamentally disagree with – and that hourly rates should prevail. Although I agree that hourly rates do have their place for certain types of work, they are frequently used to mask an incomplete understanding of what the client wants, ineffective scoping and poor matter management.

The discussion should be focused on how lawyers can find the most appropriate charging mechanism (bearing in mind the risk, value, complexity and uncertainty profile of the matter) and then manage the work, relationship and counterparties to achieve the desired result in a cost-effective way under that charging mechanism. To achieve this, solicitors must become more familiar with risk management, scoping, communication and man management techniques. Modern techniques and business tools will help law firms create other charging mechanisms without sacrificing quality and integrity, while remaining highly profitable businesses.

Matthew Record, Director, Record Associates, London