Thursday 12 October 2017

2017 CLIO Legal Trends Report Re-Confirms That Legal Profession Is Riddled With Waste!


CLIO is a Canadian firm providing cloud-based law firm practice management software...in 90 countries!

Their very useful annual Legal Trends Report takes data from over 60,000 U.S. users.

Back in 2016 the Report concluded that about 6 hours of the average lawyer’s input (assumed at an average 8 hours) was spent on non-billable work, an alarming and astounding figure in anyone’s language!

In pursuit of better understanding what was happening to what CLIO described as “the missing 6 hours”, for the 2017 Report they spread their net wider for additional data, and comprehensively surveyed nearly 3000 legal professionals, CLIO users and non-users, to find out how they used their day.

As an experienced observer of human behaviour might expect, a clear trend in the lawyers thus surveyed was to point to what amounts to an astonishing volume of time investment per day in what I call “FirmTime™”.

CLIO reports that when combining utilisation, realisation and collections rates the average lawyer only collects 1.6 hours of their time per day!

Where was the rest of the time alleged to be invested?

Business Development…33% or 2 hours.

Licensing and Continuing Education…16%

Office Admin., Billing, Configuring technology, and Collections took up almost 3 hours a day at 48%.

It might not be such a problem if it were true, and the time was invested wisely and effectively.

However, my statistics from a large body of client firms, combined with nearly 40 years of observation in hands-on work in over 1350 firms, are very clear that nothing like the alleged investment of FirmTime™ is actually made, and most of it is not planned, or effective, in many firms.

For example, my evidence over more than thirty years shows that it next to impossible to get the average lawyer to consistently invest 30 minutes a day in Business Development, let alone two hours.

The Report indicates that in effect lawyers are investing two hours in Business Development to get two hours work, a very poor return indeed. The survey responses in the Report itself indicate that lawyers who felt they knew what they were doing in Business Development would hope to get a 2-3 times return, and I would expect a lot higher.

Clearly much of the Business Development done is not effective, and it is not surprising that 94% of firms surveyed admitted to not knowing what it cost them to acquire a new client.

Another indication that the figures are a nonsense is the notion that it could take 1.26 hours of the average day generating, sending and collecting bills that are the result of a fraction over two hours client file work!

One proven method for fixing the structural deficiency that CLIO reports on is to carefully plan each lawyer’s investment of time using a WorkPlan™.

Given that the information required to plan usefully is critical to firm profitability, I counsel firms to capture details of each investment as carefully as most would ClientTime™, the time spent on client files. After all, on a cost-plus pricing basis, an hour of time invested in either area is of the same “value”.

Both sorts of work are of equal importance if carried out effectively, and indeed, on the CLIO figures, at present FirmTime™ is three times more important.

Only by accurately tracking FirmTime™ investment, and analysing effectiveness into outcomes, can a firm learn enough to properly manage this huge resource.

Non-billable time, or at least the part of each day I call FirmTime™, cannot be allowed to rank in management’s thinking as wasted or lost time. It is essential to law firm success, but only when invested effectively by the right people in a proper ratio to ClientTime™.

In my long experience the averages that CLO reports should be able to be reversed, at least, so that 2 hours a day is useful or unavoidable FirmTime™, and 6 hours a day is ClientTime™.


The Report is a free download, and well worth a considered read by any lawyer or manager wanting to get a better handle on how to plan a pathway out of the messy maze that the big majority of law firms are in.