The Role of Action Verbs in Legal Billing
Action verbs are important to explain in legal terms what was done in the matter. So, when a timekeeper writes in their time entry, "Reviewed email from opposing counsel that attached a copy of the complaint," the verb "Reviewed" and the specific wording is not enough. They need to explain what happened when the email was reviewed, or the action they took after having reviewed the email. In the example above, did the attorney take action on the complaint that was attached: file an appearance, review the complaint, draft an answer, find out if there are discovery responses, etc. These are all actions that could have been taken after reviewing the email attached with the complaint. To be on the safe side and be clear to processors, put the verbs in, as again, action is what these processors are looking for. And it might take you a little more time to write out what you did, but it is so much less time than having the processor come back to you and ask for revisions, additional time, etc. So, instead of just putting, "Reviewed email from opposing counsel attached a complaint," put down, "Reviewed email from opposing counsel that attached a copy of the complaint, and drafted an answer to the complaint." Then you are clearly stating what you did and no one has to guess. While it is so easy to type in these action verbs, people forget in timekeeping how powerful these action verbs really are to processors. It is important, because processors are not there to second guess you; they are there so you can receive payment . But if an action verb is not in there, you don’t know what action that timekeeper performed and what action was actually done on the file. Researchers have shown that the hardest part of continuing a task is moving your body. So, the hardest part of billing is getting from the first line onto line two. Once you’re doing that, then keep going – 6, 11, 49 – before you know it, you have finished them all. This isn’t just a theory; it’s been scientifically proven that action begets action. The inertia that you feel when sitting at your desk billings months worth of entries is what plays in your mind to be the most painful part there. Keep in mind while you are billing that it is important to work efficiently and quickly. So let’s say that I am billing for half a day on line number 17. This entry could be "Reviewed pleadings, drafted motion to quash both subpoenas, drafted affirmations by all three defendants, and then filed." That could easily be a half a day or less. But if I had to sit there at my desk and type that all in, or take the time to dictate that into my phone. If I know that I do a billing entry in about a six-minute cycle, at least that is repetitive enough for me. It’s not painful to write "Reviewed pleadings, drafted motion to quash both subpoenas, drafted affirmations for all three defendants and filed," it’s easy to write. That’s the power of action. You will see how your fees can increase significantly and the clarity in them.
Action Verbs Amongst Lawyers
Several action verbs are used commonly by lawyers in legal billing and are often misunderstood and misused. When applied accurately, they are powerful words that can cut down on misunderstandings about what was done and when, as well as the amount of time necessary:
"Reviewed," "Perused" or "Considered" means "Read." "Reviewed" is the universally accepted term in lawyers’ bills and/or invoices for reading—but, regardless of what synonym is chosen in your law firm’s billing guidelines, "review" or peruse means no more no less than read:
Example: "Reviewed Scheduling Order."
The above bill entry means "Read Scheduling Order," and not "Reviewed," "Perused" or "Considered" Scheduling Order. Their meanings are not interchangeable; therefore, the entry should clearly state "Read Scheduling Order" and nothing else.
"Reviewed" is also frequently used by lawyers to mean "Thought About," and even "Reflected Upon," with such examples as:
"Reviewed FLSA Damages Issues" or "Reviewed Rules on Federal Jurisdiction and Removal."
So let me ask: what does "Reviewing FLSA Damages Issues" mean? When you hear it, do you think: "Oh the attorney reviewed the rules/statutory requirements for damages under the Fair Labor Standards Act" or does it mean "The attorney thought about the damages issues and reflected?
In either event, it is essential that what the lawyer means is what is stated or that a short explanation of the issue is detailed in the description or matter description, such as "Thought about FLSA Damages Issues" with the abbreviation "FLSA" spelled out.
Another common action verb used by attorneys incorrectly is "Approved." This word is frequently used by lawyers who have never sent bills directly to clients and who usually send bills to an intermediary. For example, "Approved Depositions and Daily Pre-Trial Law and Motions Conferences," "Approved Schedule for All Pre-Trial Discovery," and "Approved Work Up of Each Client’s File." First of all, your client would be furious if you went into a hearing and acted as if the judge was not doing what he or she already approved.
"Approved" means much more than "authorized" an act or payment. Most often, it means that the approving individual is deciding, for example, the amount of the hourly fee or the rate of reimbursement for an expense.
"Drafted or Drafting" means "Prepared On Paper." "Drafting" means putting something preliminary on paper. "Drafting" is not the same as preparing or completing. In addition, "Drafting" frequently means that the work was not completed; therefore, the time spent should be recorded as:
"Preparing Draft of ________"
Application of Action Verbs in Descriptive Billing
Associates and attorneys generally understand the purpose of a billing entry: to describe the work performed so that it is easy to understand the value of what you’ve done. But why describe the work in generic terms when you can use action verbs that help spotlight your accomplishments? Here are two before-and-after billing entries to illustrate the point.
BEFORE: Item #1
"employed databases & legal software to research prescribed duties & responsibilities of receiver of property for purpose of determining whether receiver duties had been properly performed"
AFTER: Item #1
"utilized databases & legal software to research prescribed duties & responsibilities of receiver of property to determine whether receiver duties had been properly performed"
BEFORE: Item #2
"review practice standards & procedures applicable to magistrate judge for purpose of determining whether judge were being followed."
AFTER: Item #2
"evaluated practice standards & procedures applicable to magistrate judge to determine whether practices were being followed."
The point here is that just because your client or the court doesn’t care, doesn’t mean it isn’t helpful to describe what you do using action verbs. The more you use them, the more your value stands out.
Action Verbs and Trust
Crucial to this process is the universal concept of trust. This is the essence of the lawyer-client relationship. A trusting client is more likely to pay a bill, and not challenge your judgment.
Part of the trust clients have in their lawyers comes from the lawyer’s use of precise language in his or her bills. The better that the client is able to understand the charges he or she is being asked to pay, the more satisfied the client will be with the work performed.
Any lawyer in your firm can tell you how important this connotation is. It’s part of our culture to look out for ourselves, and protect our interests. But in the arena of communications with your clients , using the kind of language that feeds into that underlying fear only serves to distance you from your clients. Instead, fight for your clients by giving them an accurate, clear billing statement that they can understand without having to make a call. Use action verbs to describe what you’re doing. Using passive verbs like "and" instead of more powerful words like "plus." Instead of "Billable Hours," try "Work Performed." You want to be the warrior who deftly fights for your clients, not the imposing figure who puts up walls between you and them. Clients want to feel empowered and knowledgeable about the service they are paying for. Help them out.
Action Verbs in Legal Software
All good action verbs require context-who, what, when, where as contemplated in the retainer agreement for the task being performed. Once you identify and standardize those in matter templates or a library of approved action verbs, billing becomes standardized as a byproduct of an efficient billing process. A case management system or legal accounting system with time/cost entry function must have the ability to be customized to include a client matter template for all key aspects of a matter that would include: Even without a comprehensive system, many practice management systems allow the user to create a text indigo or PDF copy of a standard engagement retainer agreement. This means that once this addendum is in place the legal assistant can load into their specific matter as an appendix to the original retainer agreement allowing the lawyer to concentrate on adding value to the service being delivered. Such systems have built in task lists and document templates that allow the legal assistant to create a presentable legal invoice utilizing pre-approved action verb and standardized hourly rates. The use of templates or practice groups for completion of motions or pleadings can also ensure the use of appropriate action verbs in the drafting process. Internet-based legal research systems can also facilitate the consistent and appropriate use of action verbs such as Findlaw, Westlaw, LexisNexis, Casetext and others. Applying action verbs to a document research system that incorporates checklists for each area of law and allows easy retrieval and storage of different versions of precedents allows a legal professional to streamline their time by reducing the need to re-write or gather information and often in add on material for a particular matter.
Using and Applying Action Verbs
Benefits of Engaging Action Verbs in Legal Billing
The potential benefits of action verbs are numerous: they clarify the billing narrative, keep client attention, and give engagements a sense of forward motion.
Changing ingrained habits, however, could prove tricky. Law firm timekeepers may have grown accustomed to reporting their daily tasks without much thought. The action verb revolution may take a little while for timekeepers to get used to the new vocabulary.
Even if timekeepers know what to do, if they don’t explain it well, then it’s easy to slap the ball down and pose the attitude that the other person simply should have asked questions about time entries when spending the clients’ money on top of the next month’s invoices. If the time entries are described with enough clarity, then not only do you lessen the likelihood that you will need to answer questions, but you position yourself to bill for the work you’ve done, not the work you’ve said you’ve done.
Another hurdle relates to the number of action verbs available to describe any situation. If firms don’t have ongoing training and discussion about the types of verbs to use , sometimes the effort to find the right term can mean stalling or inaction on the part of the timekeeper. A little planning can help alleviate this challenge.
It’s a matter of developing some common language. Even a one-hour meeting that lists out the expected verbs to use for particular tasks will result in being about to communicate quickly and easily about the nature of the work.
Take for example this list:
• Analyzed
• Examined
• Interpreted
• Inventoried
• Researched
• Ascertained
• Catalogued
• Quantified
• Surveyed
• Inspected
• Checked
• Cataloged
• Verified
• Verified
• Evaluated
• Reviewed
• Verified
• Assessed
• Scrutinized
• Audited
• Mapped
• Plotted
• Studied
• Inspected
• Investigated
• Compared
• Appraised
• Counted
• vs. Analyzed
• Tested
As firms build the catalog of new verbs describing their work, they may find that having a go-to list of techniques helps attorneys and other timekeepers learn the skills of critical thinking and writing with clarity about the work in which they engage and the various topics for which they bill their time. Instead of worrying about the mechanics of how to word a time entry, they can focus on the substantive task at hand.