The billable hour is a trap into which more and more of us are falling
timharford.com
timharford.com
In short, efficiency is discouraged when dollars are on the line.
It is not like the law firm has a choice to keep using pen and paper to bill 100x the number of hours as others. They have to compete with other law firms.
That is impossible because the quality of work for a lawyer is very, very difficult to gauge, and it may take years (or decades) for bad work to be visible in many cases (say missing some bad edge cases in contract language, or they can't handle in litigation in certain types of cases, or the like).
And other lawyers have little incentive to price shop either, as they usually get to add on a little on top when they farm out the work. Cost-plus, essentially.
And if 'very expensive and opaque' is the norm, it's not like 'very expensive and opaque' is unreasonable.
"Document review" is something law firms can dump thousands of manhours into with no real appreciable change in outcome. It ends up being more a question of what a company/individual is willing to pay.
The reason big lawfirms stay in business isn't because they generally get much better results, but rather it's because they have the time and manpower to chase down every single rabbit hole to fully understand the law around the cases they are working. So, instead of a firm giving you a "We are 95% sure the law is this way" with a bigger firm you get "We are 99% sure the law is this way."
The other messed up part of the US legal system is the bigger the law firm, the more time they have to chase down discovery rabbit holes looking for wins and (potentially) legally bankrupting their opponents. "Document A references document B written by Foo? Well, lets have a deposition of Foo and a request for Document B". It ends up looking a lot like refactoring spaghetti code in a dynamically typed language.
Yes, but I feel like this only works up to a certain point. There is absolutely a sense that high caliber attorneys charge more and getting a "cheap lawyer" instinctively sounds like you're setting yourself up to fail - despite the fact that the lower price firm is probably just as apt as the firm with the brand recognition.
I never heard back after that conversation...lawyers aren't big on efficiency-enhancing technology. That tendency was probably one of the reasons I left biglaw!
This is normal and encouraged in law and the consulting world.
Maybe I’m wrong but I would rather eat dirt than spend time/money on lawyers and other secretary tier professionals who ultimately still make mistakes.
It’s kind of like medicine. There can be high stakes and you want someone who has “done it” before. Someone who knows the statutory law, the case law, the precedents, who keeps up on that area of expertise.
It was tempting to buy a piece of software that could draw up the papers I needed to create my family trust, but if I really need that in 10 years and something is outdated or the laws have changed, then I’m just passing down a problem of unknown potential to my next of kin.
I had recent need of an estate attorney when my mom passed unexpectedly, and the time, hassle, and general insanity the attorney saved my family and I was well worth the expense of a few grand coming out of the estate. He was very conservative in his billings and gave us four trips, in person, to government agencies on the house.
(Besides the fact that there's no shortage of software work, so it would be really hard to run out of things to do no matter how efficient you are.)
How does a client know whether a provider that charges double is also twice as efficient? I suppose it might work if you have a long relationship with said client, but if you are talking to a new client, it seems they'd just go with the lowest price per hour that seems reasonable.
The same way that a client (or potential client) would know whether the existing rate is proper -- I (or my network references, word of mouth, etc.) must be able to sell them on the notion. If I can't sell it, then I might need to question whether that efficiency was really providing value to clients after all. I don't think people hire me because they're looking for the lowest bidder, so I'm not too concerned about that.
Lawyers get paid less the more efficent things are. Thats not a thing they desire, nore incentivize. Eventually they will come, kicking and screaming, but dont hold your breath.
Or are there other limiting factors of how much work they can take on like court schedules or such?
How long have you been selling your software? If it's new-ish this honest question from the prospect can be life changing for your product positioning and marketing strategy.
But we actually run into the same buyer/not user problem on the licensing side of our business. Textbook publishers don't really care about the student's user experience, for example. This is because the textbooks are assigned by the professor, so students don't have a choice about which textbook to purchase.
Fortunately, we're finally going to launch an integration with a digital textbook platform. Not surprisingly it's a reseller platform, not a publisher. Unlike publishers, their product differentiation is more about the UI, so they're looking to provide additional value by adding our reading enhancement tech. [1]
What kind of speed improvement can I typically expect?
Edit: I found the "research summary" link in the education page, but it doesn't appear to work in Chrome with uBlock for me. The actual "conventional" link in the FAQ does work. It might be because the former is not an <a href> but something else.
For a typical skilled reader, up to about 25-30%. For people with reading challenges (dyslexia, ADHD, vision impairments), it could be much greater. One fellow with ADHD (and two PhDs) said that he could read about 3x the speed with BeeLine versus regular text.
To get a sense of what the speed difference could be for you, check out our "Reading Challenge". [1] It's not super scientific (you might have more knowledge of one of the topics already, which would bias your results), but it can give you a ballpark figure.
Thanks for pointing out the issue with the research summary link. I'll get that fixed ASAP! There's actually newer research that shows even larger gains for students with reading challenges, as well as data from companies (including a YC company) who saw dramatically lower churn rates and/or higher engagement for users reading with BeeLine in their apps.
"Read 30 to 300% faster with Beeline."
Cool stuff!
There was also a study done in an optometric office with patients, who saw improvements in visual tracking, not surprisingly.
Various of our partners have also tracked to see how user behavior differs between people reading with BeeLine and people reading traditional black text. These have shown increases in article completion rates, average scroll depth, pages per session, and app usage.
All of these studies were done independently and were not compensated. I don't know about bionic — they're pretty new, so I imagine they don't have a ton of research at this time.
Hope it succeeds enough with commercial partners (especially ereaders!) that you can offer the browser extension for free on Chrome someday.
This is 100% our plan. As our B2B revenue goes up, we will reduce our B2C pricing, hopefully to $0. We've already released one tool for free, our iOS extension for Safari. [1]
1: https://apps.apple.com/us/app/beeline-extension/id1571623734
Presumably this law firm may not like lower billable hours, but some upstart law firm might use it to bid lower and take their business.
Clients pressed for fixed billing arrangements to save money, and law firms obliged because their books of business were shrinking. But then things came roaring back, and the purse strings loosened again. We may be in for another contraction, and if fixed-fee arrangements come back that would be a good thing for legal efficiency.
- Henry David Thoreau, from Life Without Principle, 1863
Yeah, that's a huge concern. If they get paid for literal hours, then they're directly incentivized to maximize hours.
Software is highly effective when you get paid for productivity: hourly rate scales with efficiency. I want to reduce the hours I spend working so I can go back to enjoying my life as soon as possible.
I wrote my own software to track my process and compute statistics so I could identify bottlenecks and opportunities. Essentially a profile-guided optimization run on my job which doubled my hourly rate and got me home faster.
https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu...
I know this post is mostly not about billing strategy (though that's what the thread is now about), but I'm going to chime in with a simple bit of advice for tech workers that I believe is universally applicable:
Bill days, minimum.
A lot of the pathologies involved in metered billing, time tracking, and perverse incentives vanish when you bill days instead of hours. People have all sorts of weird excuses to talk themselves out of billing days --- "what if I only have an hour worth of work to do?" Bill a day. See how easy it is?
The last consulting company I built had a minimum billing increment of a fiscal quarter. I co-ran a consulting company for almost 10 years that did minimum-daily billing, for a pretty big and diverse set of clients, and nobody pushed back on the billable day. Bill days (minimum), not hours!
I'm confused how that's supposed to eliminate perverse incentives. Doesn't it exacerbate them? Don't you now have an incentive to spread out every client's work over every day possible? Like doing a few minutes of work for each client every day round-robin?
(If you can bill weeks, you should bill weeks!)
The incentives are not always to bill the most, and you also might have to pitch a time estimate before starting the task.
Having a day as the minimum unit removes the need to decide if it's a 2h fix or a 5h fix, an estimate that could take 2h in itself to reach.
Then a lot of scrum team will report advancement daily, and it will be way easier to communicate with the client with a billing that fits that cycle (this is also where you probably don't want to report small time sliced increments to the client, if they're already not very happy with your 20 days estimate for changing a page's footer)
Billing daily and not tracking time doesn't make lazy contractors less likely to be inefficient. If anything, it gives them more opportunity to obscure what they're doing.
The only model that really eliminates the perverse incentive to be inefficient is project-based billing.
Just break the project out by week (or by day if it's short) and provide a "total project price" line, and then a clause saying you'll charge overages at a pro-rata day rate. Of course, you can decide whether or not to actually charge OT; if you're OT because of something you did wrong, you're best off not charging, while if the client did something flagrantly wrong, like not kick off the project until 2/3rds of the ostensibly billable time was over, you're well within your rights to do so.
This stuff isn't hard, and I've been a little confused for, like, about 17 years as to how message boards manage to make it seem complicated.
If this is news to you, and you start doing it yourself (you should; it's easy, aligns incentives, and will probably make you more money) you have to credit me, but also cite the whole Apostolic succession (Matasano, @stake, CATP, ..., Paul Revere) I just did.
But jokes aside one of my friends seen this kind of setting degrade to "our lawyers will talk to your lawyers about this change request" on every piece of communication between client and big software consulting company.
Perhaps full day billing is better for people who work on a more regular schedule, but for my nomadic lifestyle I think half day billing strikes the perfect balance. It certainly is a massive QoL improvement from billing in 15 minute increments.
With half day billing, if I work the first part of the day and have more work to do (that isn't time sensitive), it is easier for me to stop working and go do something fun. When I do work a full day or put extra time for a day and a half, then I don't feel like I gave away my time and it helps me feel fully satisfied with my productivity.
And for what it's worth, tptacek's advice on billing, especially this advice on billing daily, is one of the foundations of our success in this business. When we were just getting started, a lot of tptacek's advice helped us to learn and grow what we are doing, and I don't think we would've been anywhere near as successful in growing, or in understanding the business, without it.
Billing daily is a no-brainer. Almost every client is absolutely fine with it. This depends somewhat on the exact field and the exact client base you have, but if they're not fine with it, it's a sign that you're targeting bad clients and should change your aim.
Here's his website: https://jonathanstark.com/
Here are some interviews where he covers the topic https://www.youtube.com/watch?v=UT32G9wmONg https://www.youtube.com/watch?v=B1b7QlQILRo
[0] https://www.thebusinessofauthority.com/ [1] https://podcast.ditchinghourly.com/
Have any of you who work as a freelance programmer managed to get off the hours-based billing treadmill, and onto a value-based system? How do you determine value? When your clients need constant maintenance or small incremental work, do you end up spending a lot of time with estimates?
I'm really struggling with this in my own work.
This is one of his lectures on value based pricing, but he has a number of them that are informative on the concept in different ways: https://www.youtube.com/watch?v=ivKnj9ffcmE
Nobody is really interested in handing a services provider more money than necessary to get the job done at market rates, so even value-based bidding ends up coming back around to market rate pricing.
You can always ask, of course, but at the end of the day any rational company is still going to evaluate your proposal against their other bids from other contractors.
For several of my company’s customers they don’t really want to discuss ambiguous ideals of value for cash or negotiate fixed deliverable costs. They ask “so what’s the rate, bottom line?” and we have had a LOT better results estimating and billing hourly than with fixed rate, retainers, and so forth. Not because we are bad at estimating but because there are too many variables on the SMB side that no customer will pay to hash out fully before a project begins, and even if they did, ours tend to value the flexibility provided by hourly billing.
For maintenance work it's almost always per hour unless you can negotiate a retainer policy. Back when I worked on contracts a not uncommon arrangement was a hybrid approach with the fixed bid deliverable and a pool of maintenance hours on the back end that were essentially options for the client.
i did that with one client. i started hourly and eventually once we had a good working relationship suggested to switch to a retainer. i actually let the client pick the fee. he picked the same amount that he had paid in hourly rates before. i figured that if there was more work then i'd renegotiate. but what happened was that my work went down, yet the retainer stayed.
that's the big advantage of a retainer. with hourly you get more if you work more and less if the work is reduced.
with a retainer you don't work more than the limit of the retainer allows, but the less you work, the more you make for the time worked.
The dream is that you can deliver a project for 100 hour pricing in 10 hours of work, but usually value based pricing means you'll be spending 200 hours on something that was initially valued at a 100 hour level and there are no one to bill the OT to.
https://en.m.wikipedia.org/wiki/List_of_countries_by_average...
I'm a long-time hourly freelancer, and it's absolutely true - the lack of revenue for that period will indeed cost you money. But not taking the holiday will cost you a vacation. I personally think about the value lost from not working, and the value gained from the vacation, and usually conclude that taking the vacation is the clear winner. It's all about establishing a proper value system and being honest with yourself about it.
With hourly, if I want to take the day off no big deal. I just don't get paid but I'm not burdened by obligations. Whereas if I do want to work extra, I'm getting paid directly for that time.
It's honestly more relaxing.
Since then I try to make the most of my time. Not only my personal time alone, but also I think about who I spend my time with. Apart from my parents, my wife and my daughters (which is always a very valuable time) I try to spend my time only with people who provides value to my life, and I try to avoid people who don´t.
One example: 2 months ago my father died. We used to spend time together, less than I would have liked when I think of it now, but back then I was not that aware of it. I remember we would go work on the fields growing vegetables, collecting olives and trimming the trees. I remember one day that I was a bit tired when we were setting up a new land and trimming some very old, mostly useless, olive trees, so I asked my father (in a rude way):
- "why are we doing this? why are we wasting so much time and doing so much effort just to clean some old trees that will hardly provide enough olives to make a few olive oil litres?
His answer was so clear, emotional and bonding that still hurts me today. He answered:
- What? Who cares about the trees? The important thing is the time that we are spending together.
I would have never thought that now, I would pay several thousands just to spend a single more hour with him.
Time is the most precious thing to me now. I want to spend it enjoying my life and the people I love. I selected my job for the highest $/h ratio rather than highest salary.
If you have a guy being paid $100/hour to upload some CSV files and clean their header names and rename them, it is very easy to see just how much you can save by automating that task.
When personnel are salaried, it is easier to forget that their time costs money. Double so for overtime. When salary includes OT, there is no short term reason to have your staff work efficiently. Just have them work another hour - the marginal cost is free!
If anything, the biggest problem I had was knowing that the client had an alloted pool of hours, and I had to make my solution fit within that budget. Many times, I gave them unbilled hours just to ship something I was happy with. That's a separate problem worthy of its own discussion at some other time.
But even if you do work extra hours in order to make more money, that's better than doing the same thing on salary. I see people now working 50+ hours a week, with no incentive other than, I suppose, a go-getter attitude that they hope will result in them working 50+ hours a week for more money, with a fancier title, someday.
My point is that the billing model by itself is neither the problem nor the solution: overworking yourself, or letting your employer overwork you, is something you can do under any system if you aren't careful.
For parents, one large gain is explaining your work to your kids. They get to see how you work, and this provides a template for them. Of course, whether this is good or not....
My wife works for a company which provides consulting and evaluation services to states and the federal government. Project budgets are fixed and every employee's time must be accounted for precisely. My wife's time is expensive.
What this means it that there are many project meetings to which she is deliberately not invited b/c her time is too expensive to be spent in a meeting. Someone else will summarize the key action items for her afterwards in an email or a five minute call. She is rarely, if ever, in an interminable, useless meeting b/c that costs her firm too much money.
This is not applicable to every business context: fixed budgets and a notion of exactly how much each employee's time costs are probably both crucial.
But if <insert your firm's name here> could implement this, think of the time you might save to do valuable work!
Multiple IC's brought together in a meeting, to prepare for the meeting with the contractor, "to avoid wasting the contractor's expensive time." Writing and reviewing a statement of work for the contractor in excruciating detail, when an IC doing the same work would just figure out what was needed.
I made a mental note of what skills were so much more valuable than mine. Now I have those skills.
I've thought about this a lot. I think, regardless of what we say, at a foundational level humans operate on incentives. Billing by the hour creates the following incentive: The more hours you spend on the project, the more money you earn. Period.
I know our high-level business brains will rationalize this away in our marketing:
"Now my friend, you know it wouldn't make sense for me to over-bill you, because I want you to be a happy client! I will hard and efficiently for you!"
But no matter what words are said, in the back of our lizard brains, we all know that another hour on the project means another [$10|$100|$1000], and that creates a reward system for the person billing.
The only time hourly billing should really be used is when time-based labor itself is the thing being bought and sold -- a retail worker, a security guard, etc. They are being paid for butt-in-seat time. The incentives line up -- the longer they stay butt-in-seat, the more money they earn! (Which is what the buyer wants too.)
I don't have the perfect solution for consultants/knowledge-workers, but something closer to value-based pricing (with appropriate accommodations for bad time estimates, etc.) feels like the right direction.
As a result I can handle more business and be more effective for my clients, while actually reducing the overall cost of an engagement and charging a higher effective hourly rate. So far results have been excellent.
Edit: I consult as an interim CMO/VP Marketing for mid to late stage tech companies, typically focusing on accelerating growth or guiding companies through big changes in strategy.
* The client pays this amount regardless of how much time is worked
* The advantage for the client is they have this time available to them and them alone - no one else will take it since it is already sold
* The limit of hours per week naturally focuses my time where I’m going to be most effective; more impact in less overall time
That said, I'm not fixed on the billable hour which is why this article and comments are so interesting. So, I do thank you for sharing your method.
This sense of a “forced” break from work, reminds me of the Jewish concept of the Sabbath.
You were literally forbidden from productive work, 1 day a week.
So this forced time for reflection, spiritual care, and time with family.
This leads me to ask, "What do I value?"
I value my free time, being able to eat breakfast and coffee out on a daily basis, and simple things in life like just having a comfortable home, debts paid, bills paid, and a happy wife.
My approach to money has, therefore, become one of finding the maximum amount I need for the short term (six months), immediate term (two years), and extreme future (retirement; probably 60-ish), in order to meet those value driven targets.
Once the balance has been found between selling my time and labour for money, I don't exceed it, because I've attained my goals. I go from, "I could be earning $X in this moment if I worked on my book" to, "I should go for a walk and then come home and play a game."
This is a good insight, and exactly how I've described money in the past -- a promise, that can be exchanged for goods and services. Everyone's happy to receive these promises in exchanges for goods and services because they know that they'll always be able to find someone else willing to do the same later.
Hourly incentivizes the worker to work slower.
Project-based incentivizes the worker to cut corners and get things done as fast as possible.
It seems like the optimal setup is some mix of these: retainer plus low hourly plus bonus on project completion.
charge what you want. Billable hours are to make the departments approving the spend feel comfortable. What are they going to do? Find someone else who can build a complex OLTP system in 2 months?
If someone is feeling an urgency to work more hours beyond what provides true value for their life, the problem isn't how one's invoices are arranged. The problem is one's attitude.
It might be very hard to ignore the nagging danger of poverty especially if you are in America.
Life can be simplified to a conversion between time, money, and happiness. Time can be converted to money by work. Time and money can be converted to happiness by hobbies. College converts time and money into the possibility of making more money. Saving for retirement gives you time and money to be happy later in exchange for less money today.
Making more money is a net loss if your job makes you unhappy, you don't have time to relax, the stress shortens your life and so on.
Unexpectedly, the more money you make, the less time you should spend working. Someone with less money might take a second job to support their family, because more money makes a huge difference in their family's quality of life. Someone making more money takes extra time off every holiday, because the money "lost" is worth less than the family experiences gained.
The goal is eventually to be paid by day or by week, but still proportional to the work you're putting in, unless you're a world class talent and can bill $100k for a week long project; at that point fixed prices will be preferable.
There's good ways of implementing billable time and bad. What makes it good:
1. When you have a billable target, only calculating it based off the available pool of working hours (i.e. minus holidays and your PTO time). My first billable job was billable in the sense I had an hourly rate, and when I didn't have billable work, I'd use up my vacation days and my boss thanked me for it because it made hitting his numbers easier as well as mine. It was nice.
2. Not micromanaging your employee's time sheets. I only ever put in 15 minute increments, but sometimes I put in blocks of 1 hour. My boss doesn't bug me on it because she trusts me. In turn, she trusts me because I deliver.
3. Having NBUE time allotted for some things (like self-study, hiring people, etc.).
When you don't have 1, you start seeing people work 80 hour weeks just before they take a week off. When you don't have 2, bosses spend a lot more energy reviewing time sheets, and employees spend a lot more time submitting them. When you don't have 3, you have people avoiding important, but non-billable activities and the company is loses out.
Prior jobs always had the implicit expectation that I could be working a little harder, or clocking off early on a Friday was evil. Now, 40 hours a week can be done any time, and that flexibility is hugely liberating. I honestly think they get more out of me as well.
This really hit home.
Thinking like this cost me so many relationships in my late 20s and 30s. Working for startups & agencies, getting paid a bonus for launches or finding extra billable time on some projects -- and worse, even when I didn't have an insane deadline, I would usually find reasons to work.
"Oh sorry, [Girlfriend], I won't be at dinner with your friends tonight, you go without me... I've gotta work..." And I would use it as an excuse to get out of things I didn't really want to do too. "Oh sorry, [Mom & Dad], I don't have time to drive you to your cousin's funeral, but I'd be happy to send some flowers."
And what 27 year-old wants to do those things? They aren't fun, they're tedious, there's no ROI.
Except... years later, in my 40s, I really wish I had spent the afternoon with my parents grieving, to gain a bit more experience with that. And to hear their stories and memories of people who meant things to them. I really wish I made time for a few more of my ex-girlfriends too...
There will always be someone willing to help you turn each hour of your life into a paycheck. But man, you really can't put a price tag on a lot of things, and there aren't always do-overs. Not going to sit here and tell you to always put family first, but... I wish I had prioritized non-work over work when I was younger.
It is weird, though maybe not so weird if you think about it for a few minutes, how closely aligned law and offensive security are with business practices.
One of the things I want to do with my consulting business going forward is to explicitly depart from this model. We will see if the market accepts it or not.
As such, I deliberately worked between 70% and 80% during my years there as it seemed only chumps went for the small bonus
Interestingly, I billed around $400/hour back then and they collected on pretty much all of it though I made about 10-15% of that rate personally...
Same thing happens with individuals and hourly work, to be fair, but an individual can have integrity or at least find an excuse they're at peace with. When it's a group - a company - that is slacking some like myself inevitably feel they're being dishonest.
It also made no sense. If I could get the work done in 5 minutes or 5 hours why does it matter? It should be about the end result right? If I am too efficient that is bad. If I am not efficient enough that is also bad.
When hiring an outside vendor I suggest negotiating a specific deliverable for a specific price. Everyone will be happier, better work will be done and you will probably pay less.
We fetish precision at the expense of humanity.
Organic life is messy, sloppy, and imprecise. Wisdom is understanding that diminishing returns sets in at the 80% solution. We don't need to Automate All The Things until the Orwellian social credit system leads to complete demographic cratering and the human race dies off.
As XKCD points out[1], you're OK at around four significant figures. Breath.
1. scrolling is strange
2. zooming is scrolling?!
I'm curious how some people are able to bill such high amounts and how they got started. It must also be extra stressful since its not like you are working for a company either so you need to do marketing and find clients as well.
That said, $1k/hr billed does not directly translate to $1k/hr earned. Usually there is shared overhead, etc taken out first.
And in the case of the legal and accounting professions, doing this will get your license revoked.
If you're being paid simply to travel, then it is not fraudulent to also work on another client. If your being paid to travel _and_ focus on that client, then it would be fraudulent to work on another client.
If you bill two clients for the same hour, that's "double billing," and it's fraud, and a number of accountants and lawyers have had their licenses suspended or (more commonly) terminated over this. Most of them usually plea bargain to avoid time behind bars, and this is generally acceptable because the true punishment is that their professional career is dead.
Very few (basically no) client will agree to pay you for travel time while also permitting you to work on another client's case for that same time. (Note however that if invoicing client for expenses like tickets but not for travel time, it is generally acceptable to work on another client's matter during the time spent traveling.)
I'm getting a bit "well, technically" on this. While rare, it is possible to have a contract that allows for this.
Almost nobody is producing work output on an hourly basis worth more than $200/hr. You’re paying for what and who they know, together. The good ones are worth it.
A common rule of thumb for setting a billable rate is 3x to 4x the hourly-equivalent salary. If you are currently making $200k/yr working a full-time gig with good benefits, then your hourly-equivalent salary is $100, and you should bill hours out at around $300/hr to $400/hr on a billable-hour basis.
So, you should figure that someone who would earn a TC of around $500k-650k/yr would be billed out at around $1,000/hr