by Margaret Daisley
No joke. The most unexpected and inexplicable finding in our recent survey of billing rates and alternative billing practices at small and midsize firms and solo practices was this: female lawyers bill at lower rates than male lawyers. I wish someone would help me pursue the obvious question: Why?
(Officially, the survey is called ALM Research Survey Report of Billing Rates & Practices. To access the report for a description or purchase, just click on the title above. Or email ALM Research. Or call: 888-770-5647.)
We found that, almost without exception, female lawyers across the U.S. (there were over 1,000 in our study) bill at lower rates than male lawyers, regardless of years in practice, practice area or client industry, size of firm, or geography. In addition, we found that females were much less inclined to offer alternatives to the billable hour, such as fixed or flat fees, contingency or retainer arrangements, hybrid or blended fees, discounted hourly billing, success- or performance-based fees.
So why do female lawyers charge less than their male counterparts? Are they even aware of the fact that they are charging less? Why are they seemingly less open to alternatives to the billable hour?
I’ve been keeping an eye out for articles and blog posts, hoping to see something on the subject (see list below). But I’ve found that most frequently, the focus of articles about billing practices are either a call for—or pronouncement about—the demise of the billable hour, a report of a case in which outrageous fees were charged, or an isolated firm’s alternative billing practices.
If you have an explanation about this gender imbalance when it comes to billing rates, or if you’ve seen any other studies or articles that can help to explain it, please send your comments this way, or email me directly. In the meantime, here’s a short of list of recent writings about billing:
Pricing: An Elephant in the Professional Services Room? (Expertise Marketing)
The Scourge of the Billable Hour (Slate)
The Billable Hour: Are Its Days Numbered? (American Lawyer)
Firm Accused of Billing “Unconscionable” Fee (NY Lawyer)
Can Legal Fees Ever Be Per Se Unconscionable? (Legal Blog Watch)
Hourly Billing is Inherently Unethical (Alan’s Blog)
Shepherding in a New Era in Legal Billing? (Wall St Journal Law blog)
Can You Really Ditch Timesheets If You’re Not Billing Hourly? (Legal Ease Blog)
More Lawyers Join the Shift Away from the Billable Hour (Legal Ease Blog)
Wal-Mart’s Moratorium on Hike in Billable Hour Rates (Blog of Legal Times)
Boston Firm Bans Billable Hour (Legal Blog Watch)
Small Firms Use Flat Fees to Gain Edge (National Law Journal)
Midsize Law Firms Go for Big Changes (National Law Journal)
Pricing Legal Services (Ward Bower, Altman Weil)