A Step-By-Step Guide To Preparing Your Law Firm’s Books For Year End

How to prepare your law firm books for year end

Bookkeeping is an activity that, even under normal circumstances, can drive fear and panic into the heart of any attorney.  When it comes time for year-end and tax prep, the bookkeeping work can bury even the most hard-working practitioner.  But, it doesn’t have to – with a few tips and tricks, you can close our your firm’s books this year quickly and efficiently, and have more time for billable work, family, and celebrating the holidays.

Step 1. Complete Monthly Reconciliations.  Entering transactions in your bookkeeping software (psst, we highly recommend Xero for law firms!), and reconciling them with your monthly bank statements, is the basis of all of your year-end work.  You won’t be able to move forward with any other year-end tasks until your monthly reconciliations are complete.  Ideally, you’ve been reconciling your books after the end of each month, so this won’t be a mountain of work.  If you haven’t been, hire a bookkeeper to do it for you; doing 12 months’ worth of work all at once will take significant time away from your clients and your billings, and a bookkeeper will be able to do it more efficiently and cost-effectively.

Pro Tip: Bookkeepers are typically less expensive than CPAs, and more efficient at day-to-day bookkeeping tasks.  Spend your money smartly: hire a bookkeeper to help out with reconciliations and other day-to-day work at affordable rates, and save those more expensive hourly fees for your CPA at tax time.  Not only will you get the bookkeeping work done cheaper, but your CPA will also be able to work more efficiently and cost-effectively when handed a polished set of books from a bookkeeping pro.

This step applies to not only your day-to-day accounts, like checking accounts, savings accounts, lines of credit, and credit cards, but also to your IOLTA and other trust accounts.  And don’t forget to perform (and review and record) your three-way IOLTA reconciliations at least quarterly!

Pro Tip: If you haven’t kept up on your reconciliations each month, don’t try to turn this step into an annual reconciliation.  An annual reconciliation – where you reconcile all your transactions and then try and match it up with your November or year-end balance – leaves too much room for error.  If you do make an error, it will be difficult to tell in which month the error occurred.  Save yourself stress and break your reconciliation down into monthly chunks.

Step 2. Prepare To Send 1099s.  1099s are tax forms that almost all small business owners have to send, and file with the IRS.  1099s are like W-2s that you give to your employees, except they’re for individuals and companies who are not employees.

1099s are due for any person or company to whom your firm paid $600 or more for:

  • Rent
  • Services
  • Legal Services
  • Settlements/Fee Awards Paid To Attorneys
  • Any payments for which federal taxes were withheld
  • Other categories not typically relevant to law firms

Of course, it wouldn’t be an IRS rule if there weren’t exceptions to the rule.  Even if you paid a person or entity over $600 in any of the above categories, you do not need to issue a 1099 for a person or entity if:

  • It is a corporation (including LLCs taxed as corps); and
  • You paid the corporation for something other than legal services or settlements/fee awards (e.g., rent, non-legal services)

Of course, there are nuances to this rule, and you should consult with your bookkeeper or CPA for questions specific to your situation.

Pro Tip: Most bookkeeping software has tools to automate your 1099 process.  First, your software can help you automatically figure out who needs to receive 1099s, and then it can issue and file the 1099s for you with the click of a button.  Ask your bookkeeper how to set this up. 

Now that you know who to send 1099s to, you’ll need their tax information.  You get this using IRS Form W-9.  A copy of the current Form W-9 accompanies these materials, and can also be downloaded from the web.  Note: The blank W-9 form is free to download from the IRS, and you should never pay for it.

Send each one of your soon-to-be 1099 recipients a W-9 to complete and return.  If your vendor fails to return the W-9, you must begin backup withholding.  You must also begin backup withholding if your vendor crosses out Part II Line 2 on the W-9.  A detailed discussion of backup withholding is outside the scope of this presentation, and you can receive more information about backup withholdings on our blog at www.skepsistech.com/articles or by signing up for our newsletter at www.skepsistech.com.

Finally, once you receive W-9s from the vendors you’ll be preparing 1099s for, ensure that information is accurately entered into your bookkeeping system.  With this prep work done, your 1099s will be simple to send in January.

Click here for more information from the IRS about 1099s.

Step 3.  Ensure all payments from clients are entered.  Any client payments you receive should be entered timely; at least once per month.  But sometimes, things fall through the cracks, and year-end is the time to find those missing pieces.

Step 4.  Make Your Books Sparkle!  Over time, we all end up with accounts payable and accounts receivable that are old or out-of-sync and need to be cleaned up.  When you clean up your accounts payable and accounts receivable, you not only improve your financial data so you can make better decisions about your business, but you also ensure your books are accurate at tax time.

Accounts payable (A/P for shorthand) are bills your firm needs to pay.  Sometimes, a bill gets inadvertently entered twice, and so even though it’s already been paid, your financial statements show that you still owe them.  Other times, a bill slips through the cracks and you forget to pay it.  In your bookkeeping software, pull up a list of all you’re A/Ps, and clear out everything you can by removing invoices that may be duplicates or for other reasons no longer need to be paid, and paying any old bills that are still due.

Now go through a similar process with accounts receivable.  Accounts receivable (A/R for short) refers to money that your clients owe to you.  First, check all the past due bills to be sure that the bills really are due.  Like A/Ps, maybe Client X paid that invoice, but it still shows up on your list because the invoice was a duplicate or the payment was mis-recorded; figure out what the issue is, and resolve it to remove those stale invoices.  Next, also like A/P, you may have some clients who haven’t paid for a month or more, and their invoices are legitimately past due.  To resolve these invoices, you can contact the client to request payment, or write the invoice off.  The method you use to write off uncollectible invoices depends on whether you file your taxes on a cash or accrual basis, so be sure to work with your CPA or bookkeeper to properly write off uncollectible client debts.

Finally, go through the register for each one of your bank accounts and clear out any stale, unreconciled transactions.  In Step 1 above, we reconciled, which means we matched real bank transactions to what we recorded in our books.  But sometimes, we also end up with transactions in the books that don’t match with any real bank transactions, and we need to clear those out of our books.  So, we find any transactions that haven’t been reconciled, and figure out why they haven’t cleared the bank account to resolve them.  Sometimes the issue is a check that was never cashed, and we can contact the payee and ask them to cash it before year-end.  Other times it’s a simple matter of clearing a duplicate transaction.  Whatever the reason, your financials may be inaccurate if you don’t remove stale, unreconciled transactions from your books. 

Step 5. Review Profit & Loss Statements.  Once your transactions are reconciled, you’ll be able to review your profit and loss statements.  These are referred to as “P&L statements” for short, are also called “income statements.”  P&L statements tell you a lot about your firm’s overall performance, including large expenses, firm profit, and more.

Pro Tip:  Prepare and review your P&L monthly.  This allows you to catch mistakes and irregularities as they happen, before they’re compounded and confused and obfuscated by other mistakes and irregularities.

Sample Law Firm Income Statement

Sample Law Firm Income Statement

What To Look For In P&L Statements.  Start by looking at the header in the P&L Statement.  What period does it cover?  Does this show your firm’s profit in a single month? A single year?  Something else?

Next, look at the bottom line.  How much money did you make (or lose)?  How does this compare to prior months or years?  Why are these numbers changing?  Are there patters – for example, seasonal changes, or changes that correspond to particular advertising efforts – that you can use to help plan your business going forward?

The next step is to consider what goes into that bottom line: income and expenses.  First, look at your sources of income.  How much of your income is legal fees versus clients reimbursing out-of-pocket expenses?  Can you reduce your income (and therefore your Washington B&O tax burden) by reducing your client-reimbursement income?

Then, in the expense section of your P&L, look for any large expenses or aberrations.  For example, you may discover that all those networking coffee and lunch dates were adding up far more than you expected, and so you may decide to take a more measured and budgeted approach to networking going forward.  This step will also help you identify mistakes – such as $4,000 in tax-deductible malpractice insurance that was accidentally recorded as a non-deductible tax penalty.  Or maybe you’ll notice you’re still paying interest on that old line of credit you used to start your firm, and now it’s time to save some interest expenses by paying it off.

Don’t worry if you feel like you’re not getting a lot out of your first P&L review.  If you take just 5 minutes to review your P&L each month, it will take only a few months to begin developing a deeper level of understanding that you can use to make informed business decisions, and increase firm profitability.

Step 6.  Review Your Balance Sheet.  A balance sheet shows you one interpretation of your business’s current value.  Be sure to include prior periods in your balance sheet, so you can see how the firm’s value changes over time.

Sample Law Firm Balance Sheet

Sample Law Firm Balance Sheet

What To Look For In Balance Sheets.  The first thing to do with your balance sheet each month is the most important thing, and the thing that can get you in a professional reprimand if you don’t do it: check your client trust liabilities.  The balance shown in your IOLTA account should match your Client Trust Liabilities account at all times, to the penny.  If not, you have a trust irregularity, and you’ll need to work through your trust transactions to resolve the problem.

Pro Tip: Make it simple to ensure that your IOLTA and Client Trust Liabilities account always balance out to zero.  Customize your balance sheet to show those two accounts in a separate section.

Next, confirm that the net profit (the “bottom line”) shown on your P&L matches the current year earnings on your balance sheet.  If they don’t, you have a mistake somewhere.

Next, look for irregularities on your balance sheet.  For example, what is Rounding, and where did that balance come from?  How might it affect your taxes if not resolved?  Same question for the suspense account.  Do you payroll liabilities look correct, or are they unusually high?  (Our favorite payroll software?  Gusto, of course!)

Finally, check your balance sheet for negative balances.  Typically, all of your accounts should have a positive balance.  If there is a negative balance, figure out the reason for that negative balance – does it make sense, such as in the case of a “Less Depreciation On…” account?  Or, could it be that a transaction was recorded incorrectly somewhere?

Pro Tip: Customize your balance sheet to show your balance not only for the current period, but also for prior periods.  This way, you can see if your firm’s value is generally going up or down, and you can also easily catch numbers that don’t fit with the trend, which could indicate mistakes, fraud, or opportunities for savings.

Like the P&L, you’ll get much more information out of your balance sheet if you take just five minutes to review it each month.  You’ll begin to notice trends and patterns that will help you run your firm more effectively and more profitably.

A final note on balance sheets: as mentioned above, balance sheets provide a snapshot of one version of your firm’s value.  What most balance sheets to not include is the value of returning clients and your firm’s goodwill, which is a large part of firm value when it comes time to merge or sell.

Last Step: Budget for Success Next Year!  At this point, your books are clean and up-to-date; you’re beginning to understand your firm’s financials; and you’re prepared to send out tax forms.

The next step is to prepare next year’s budget.  A great budget is one that is realistic, so you can stick to it; cuts costs smartly, so you can save money without crippling your business; and get reviewed and adjusted monthly throughout the year.  Reviewing your P&L each month, and keeping your books up-to-date monthly, will go a long way in helping you prepare a budget you can use to increase profitability and make strategic decisions about how to spend your time in the upcoming year.

It’s Good To Be Back!

Big news from Skepsis!  After taking a year off to travel, we’re back at it – back to helping our clients, particularly law firms, with their bookkeeping.  This means that you, my fellow solo/small firm practitioner, again have a bookkeeper you know you can rely on – and who can handle the unique ethical and technical aspects of your trust accounting.  I can’t tell you how much fun, and how exhilarating, it has been to be back in the saddle, helping law firms with their bookkeeping and trust accounting.

If you haven’t yet had a chance to try out our bookkeeping services, now is the perfect time, as we’ll be offering discounts for new clients between now and the end of the year.

What’s so unique about Skepsis?  

I’m, Devon, the owner of Skepsis, and a licensed attorney, just like you.  That means I know trust accounting like other bookkeepers don’t.  I supervise our small team of bookkeepers very closely, including personally managing and reviewing your trust accounting each month, so you can be confident that Skepsis’ bookkeeping services meet or exceed the standards your bar card requires you to maintain.  I have presented on the topics of ethics and trust accounting at numerous CLEs across the country, including national webcasts, and authored dozens of articles that have helped attorneys across the country go mobile and manage their firms better.  I am licensed in Washington, Oregon, and California, although I provide bookkeeping services for firms nationwide.

More About Devon.  I was an attorney and partner in a national, complex commercial litigation firm for over 11 years.  During that time, I succeeded in not only resolving numerous complex commercial cases, but also, during my time as Managing Partner, I grew our firm from two attorneys to five; increased firm profitability; and implemented a paperless office.  That, in turn, allowed me and my employees to improve our work-life balance, and work effectively whether we were in the office, in court, at a client’s office, or on the beach in Tahiti.  Now, in addition to Skepsis, I continue to run my own law firm focusing on serving small to medium businesses and insurance matters.

What Can Skepsis Do To Improve Your Practice, And Improve Your Life?

If you have any questions about how to grow your practice, or how to manage your existing practice more efficiently and effectively, Skepsis can help.  Some of the services we offer for law firms include:

  • Bookkeeping, including client trust accounting and compliance
  • Solutions for paperless and mobile offices
  • Website design and management
  • Solutions and strategies customized for your practice to work more efficiently and increase profitability
  • Private in-house CLEs, including ethics credits, regarding practice management and work/life balance
  • Flat fee solutions for bookkeeping, trust accounting, and more, so you can manage your expenses better, and more profitably.

Would you like to find out more about what Skepsis can do for you, and what our services cost?  Set up a call today.

ALERT: Email Scam & Fake DocuSign

There’s a very convincing  email scam circulating at the moment, and it’s luring many professionals to give away their email passwords with fake DocuSign requests.  If you receive it, DELETE IMMEDIATELY, and call the sender to let them know their email has been hacked.

The scam states that someone you know has sent a PDF, and the email appears to be a DocuSign document.  Here are two examples of how the email might look:

Fake DocuSign Email Scam

Fake DocuSign Email Scam

If you’re savvy enough to check the email headers, the headers will confirm that this email really was sent from a legitimate email address.  So, there’s no clear evidence that it’s a fake DocuSign request.

If you click the link in the email, it takes you to a “log in” window, that also looks quite legitimate:

Fake DocuSign Email Scam - Phishing "Login" Page There, you enter your email credentials, and voila!  The scammer has everything they need to have free and easy access to your email account.  From there, they can sell your email credentials, use your address to send fake DocuSign requests to others, and even gain access to your other online accounts (including bank accounts) by searching for other passwords, and utilizing websites’ forgot password features.

The scam doesn’t end there.  Once the scammers have access to your email, their software goes in and starts sending fake DocuSign requests to everyone in your address book with the same phishing scam.  But, it then covers its tracks by automatically deleting all the emails it sent.  (But for most mail providers, you can still find these sent messages in the deleted folder.)  To add insult to injury, if a person replies to the fake DocuSign email sent from your account, the software has set up an automatic email reply confirming that the email is legitimate!

If your email becomes infected, the first thing to do is change your email password.  Be sure to use a strong password, that’s not a password you use anywhere else, and that includes numbers, letters, symbols, uppercase and lowercase, and that isn’t a real word.  Then, feel free to contact Skepsis for additional help managing the fallout and securing your email going forward.

Hiring Your First Employee In Washington

We often meet with solo practitioners who are hiring their first employee in Washington, and they ask us: How do I hire an employee in Washington? What paperwork do I need? What steps do I need to take for local and federal governments? How do I run payroll? What am I missing?

To answer these questions, we’ve created a simple checklist for hiring new employees in Washington:

  1. File A New Business License Application.  If you’ve been operating without employees, chances are your current business license does not allow employees; so, you’ll need to file for a new one.  The process is simple, and you can file online here: http://bls.dor.wa.gov/file.aspx
    • Once logged in, you should see a heading that reads “Business licensing.”  If not, click the white button labeled “+ Add A Service”, and add the business licensing service to your account.  Then, click “Get Started.”
    • If you haven’t filed online before for that business, you need to add your business to your account.  Click “Add Access to an Existing Business.”  Be sure to have your UBI and Letter ID handy.  A Letter ID is a code found in the upper right corner of your business license renewal notice.  If you do not have your Letter ID, select the box “Click here to request a Letter ID be mailed to the address on file.”  Click next, and then come back once you’ve received your Letter ID.
    • If you do have your Letter ID, simply follow the steps in the wizard.  Be sure to select the option for hiring employees when it asks for the reason for the license.
    • Once you application is processed, you will receive: (1) a letter from the Washington Department of Revenue; (2) a letter from the Washington Employment Security Department; and (3) a workers comp rate notice from the Washington Department of Labor and Industries. You’ll need these letters to set up your payroll system.
  2. Obtain Required Paperwork From The Employee.  Two pieces of paperwork are required, and they both get saved in your files; they do not get submitted to any government agency.
    • Complete INS Form I-9, available here: Form I-9 (PDF, 535 KB).  Be sure to review the required pieces of identification and ensure both the employee and employer sections are filled out.
  3. Report Your New Hire.  Report your new hire to the State of Washington DSHS here: https://www.dshs.wa.gov/esa/division-child-support/new-hire-reporting.
  4. Set Up Your Payroll System.  There are a number of great options for running payroll in Washington.  We recommend:
    • Gusto.  Gusto is a payroll system with a simple and clean interface that makes running payroll a breeze, and it integrates with major accounting software (QuickBooks and Xero).  It has all the bells and whistles, including federal filings, state filings, paid time off, and direct deposit.  Try Gusto for free for one month using this affiliate link.
    • Xero.  Xero’s payroll feature is easy to use, and is included in your Xero subscription at no extra cost.  Xero will collect and pay all of your federal taxes for you; for Washington taxes, Xero will report them, and you’ll simply write the checks to the state each pay period.  Sign up for Xero through Skepsis, and receive 30% off Xero for your first 6 months.  Use code XERO30/6 at checkout.  Already using Xero?  Switch your billing account to Skepsis, and get 10% off Xero for one year.  Email us to find out how.
    • QuickBooks.  QuickBooks is yet another option for running your payroll.  However, to get comparable functionality in QuickBooks, you’ll have to purchase upgraded subscriptions at a hefty cost; so, we typically recommend our clients opt for Gusto or Xero instead.

Want more payroll help?  Let Skepsis handle it for you!  And don’t forget to sign up for our newsletter for additional tips and advice: