OTLA Trial Lawyer Winter 2021

47 Trial Lawyer • Winter 2021 By Hafez Daraee OTLA Guardian A mong the universe of tasks lawyers perform daily, none is more mun- dane, more loathed or more important than “capturing time.” Capturing time is a little like making wine (50% doctoral degree level science and 50% pure Voodoo) and a little like visiting the dentist (something that must be done regularly). And, like avoiding the dentist, the longer you wait to cap- ture your time, the more it will hurt. It is not an exaggeration to say lawyers hate billing time. But, as hated as this mundane task is, effectively capturing time provides some very important ben- efits, in addition to the fundamental purpose behind why you bill your time in the first place — generating revenue. This article intends to accomplish three broad things: (1) identify some “best practices” when it comes to captur- ing time; (2) point out how courts view the requirements of ORCP 68, many of which apply to any billing statement regardless of the practice; and, (3) point out some other benefits that keeping detailed time records may provide. Setting hourly rates Before you can bill time, you have to establish an hourly rate. So, how do you come up with the correct hourly rate? How do you know if your hourly rate is too high, too low or just right? And, where do you start with figuring out the answers to these questions? Briefly, and “from 10,000 feet,” the answer is your hourly rate should be what your clients are willing to pay, based on your abilities, the type of matter and what other attorneys in practices similar to yours charge in the market. For ex- ample, if you are one of two or three lawyers in the state who can handle a divorce in a Canadian court because you are licensed in Canada, your hourly rate may be higher for that service because it is so specialized. On the other hand, just because you work for one of the larger regional/national firms does not mean you can bill your time at whatever rate you wish, merely because you work for a large firm. Lawyers can charge “reasonable rates.” The Oregon Rules of Professional Con- duct (“RPC”) 1.5 requires attorney fees to be “reasonable.” The bar looks at the reasonableness of attorney fees in three temporal points: when you first enter into a fee agreement, when you bill for your time, and, when you collect the fee. RPC 1.5(b) sets forth eight factors that help determine if the fees charged were reasonable. Thankfully, the Oregon State Bar has taken a lot of guess work out of determin- Hafez Daraee THEVALUEOF TIME See Value of Time p 48