How to get paid: Skeletons

Some time ago I wrote a post about why skeleton arguments take so long to write.

Shortly afterwards I was asked a related question: “How can I bill for the time I actually spend on a skeleton, rather than the time I think it will take?”

There are two parts to answer this question: (1) Undertake detailed upfront planning and (2) manage your client’s expectations from the start.

Detailed upfront planning

There are several tasks barristers do routinely. Manage client conferences.  Draft skeleton arguments. Rehearse your opening remarks.

Each time you do one of these tasks you will follow, more or less, the same process. With experience, you will be able to estimate how long each step will take.

While you’re acquiring experience, start tracking time to task exactly.  Since you can’t always anticipate exactly what you will uncover, it’s a good idea to contingency.

For example, if you think that writing out the factual narrative will take 60 minutes, add 30 minutes. This will give you an estimate (90 minutes) which is likely to be closer to the actual time you’ll need.

Manage expectations

Your client will be more likely to pay you for the time required for her work if you tell her up front how much it’s likely to be.

Submit the breakdown of the task with your fee estimate before you start work and track the actuals throughout.

Your final bill may come in under your estimate + contingency fee estimate, in which case your client will be delighted. It not, at least there aren’t any surprises.

Estimating tools

There are all kinds of project planning tools available.  Your Chambers may have a licence for one already.

I’ve created a simple spreadsheet to help you estimate how long your next skeleton will take.

Review the list of pre-populated tasks in the spreadsheet and insert any others which are unique to your practice.

The spreadsheet calculates the contingency and fee estimate for you.  Click the yellow button below.

Turn estimation into a habit

The next time you’re asked to deliver a skeleton, you can use the previous example as your starting point.

Send the plan to your client or clerk for submission with the fee estimate. Your client will appreciate your efforts to bill transparently.

If you’d like to learn how to bill for all your work to assemble a great skeleton, start now by downloading this planning tool.

Skeleton Planning Tool

 

By Heidi Smith
Creator of Jurilogical.com

Heidi Smith writes about change and technology in the legal sector.  She is the creator of Jurilogical.com, an online resource hub for barristers.

Related resources

Why do skeleton arguments take so long?