Law Firms Should Use Auto-Pay

Auto-Pay: It’s Ethical, Better For Your Law Firm, And Better For Your Clients

Clients want convenience, and paying bills is inconvenient.  This is especially true in the oft-archaic practice of law.  But it doesn’t have to be!  In many other facets of life, people can pre-authorize automatic payments for their bills.  Gone are the days of buying a stamp and dropping a check in the mail, or even going online and logging into an account just to process a payment every month.  The rest of the world has adopted auto-pay and, as the smart and savvy attorney that you are, you can too. What’s more, with auto-pay, you’ll see your payment rates skyrocket, and bill disputes diminish.

I know what you’re thinking: “Wait, can I do that?!  What about the RPCs?!”  Again, as the smart and savvy attorney that you are, you’re right to be concerned about ethics.  This post focuses on the rules for Washington State, but all attorneys need to comply with their respective state’s Rules of Professional Conduct. You should confirm the ethical implications of auto-pay with your licensing state’s ethics officials. But with very few exceptions: Yes, it’s totally ethical.

Skepsis has been helping attorneys make more money and provide better client service by moving clients over to auto-pay for years. If you’re interested in making the switch, don’t hesitate to book a consult today.

It’s like credit cards, but better for everyone.

Law firms have been able to collect bill payments by credit card for decades. The American Bar Association (“ABA”) issued an ethics opinion 40+ years ago opining that credit card payments were ethical under the ABA’s Model Rules. Yes, those same Model Rules that many states’ RPCs mirror, or at least use as their basis. (Note: The ABA later withdrew this opinion for other reasons; see https://lawyersusaonline.com/blog/2009/03/16/can-i-put-that-on-your-card/.) The Washington State Bar Association (“WSBA”) even has a recommended credit card processor, with a special discount for WSBA-licensed attorneys.

With credit card payments permitted, the next logical step is getting a pre-authorization from your client to charge or debit his or her account for payment of earned legal fees as the bills come due.  WSBA Advisory Opinion 1826 previously contemplated exactly that.  Specifically, the WSBA’s Ethics Committee considered “whether it is ethical to charge legal fees and costs to a client’s credit card sixty days after billing the client when the client has authorized such a charge in an engagement letter.” They found doing so ethical “assuming that the fee has been earned, is reasonable, has not been contested and that the fee agreement complies in other respects with [the RPCs governing fees].”  Additionally, since you are not charging or debiting the client’s account until after you have already performed the services you’re being paid for, the funds can be deposited directly into your operating account.   

You can also pass along credit card fees in most states… but should you?

The WSBA’s Ethics Committee even said, in Advisory Opinion #2214, that an attorney can charge the client for the credit card processing fees.  They noted that RPC 1.5(a) allows an attorney to collect reasonable costs associated with the representation of a client and that Comment 1 to RPC 1.5 further clarified the rule by permitting attorneys to charge clients “for the cost of services performed in-house, such as copying, or for other expenses incurred in-house, such as telephone charges.”  

Pro tip: At Skepsis, we don’t generally recommend that law firms pass along credit card fees directly to their clients; even though it’s ethical, there are larger business and marketing considerations that generally prevail, and other ways to absorb those fees that are more palatable to clients. More importantly, directly passing along credit card fees to the client is typically a violation of your card processing agreement.

As with all things, patience and communication are key when setting clients up for auto-pay.

The RPCs require an attorney to wait a reasonable amount of time after sending a client their bill to withdraw payment from client funds held in a trust account. You should do the same in an auto-pay situation.  Waiting for five days after sending the client their bill will give them an opportunity to raise any disputes prior to your taking possession of their funds.

The bar likes this because it provides a layer of protection to clients. It gives clients a chance to challenge the bill,but you should also like it because it gives you an opportunity to avoid the headache of moving funds around into a trust account for the client if they raise a dispute after the funds are in your possession.  The client’s payment won’t extinguish their right to challenge the bill, but if there is something wrong, the client is likely to raise the issue prior to your taking their money.

Lastly, as with nearly anything you do for your client, you should clearly communicate to them how your billing system works. You should be especially clear on things like the billing cycle, when you will send bills to the client, when you will charge the client’s account, and, if you use a third party service, how that service works and what information it may require from the client.

We’re here to help.

Setting up an auto-pay system for your firm can provide you with more certainty and provide more convenience for your client. If you’re interested in developing an auto-pay system for your firm’s clients, Skepsis can help with everything from engagement letter language to processors to everything in between. Get in touch with us here.

Your Law Firm Will Thrive In 2020 With Just One Word

2020's Word of the Year: A Word Your Firm – And Your Life – Will Thrive By

Business management is more than just running a business, and the nuts and bolts of it. There are so many intangibles that affect our businesses and our clients each day. As small business owners, the stakes are even higher, because so often business management and life management are one and the same. Regardless of what we’re managing, we need tools to make good decisions. One of the toolboxes I work hard to educate my law firm bookkeeping clients about are financial tools: financial management best practices, understanding and using financial reports, making profitable decisions, and more. But, there’s another tool I’ve recently implemented in my bookkeeping practice that can have huge power in positive transformation for law firms also, and that’s the Word of the Year. It needs a catchier name, so please do propose one in the comments below, but we’ll just call it like it is for now. It’s another tool in my business and life management arsenal that I rely on each and every day to make great decisions for me, my business, my clients, and my life. And in 2020, the word is: Elevate.

A few months back, my business coach put forth the idea of trashing professional new year resolutions, and instead choosing an annual word. (Sidenote: Of course I work with a business coach. Studies are showing that humans are smarter in groups, and no small business owner should give themselves the disadvantage of not having valuable advisors to rely on, which is one of the reasons I’m so passionate about solo and small law firms hiring full-service bookkeepers. But, that could be its own topic in its entirety, and I digress.)

At first, the idea of an annual word sounded a bit odd, and I wasn’t quite sure where to start. So, with some prodding, my coach and I arrived at the term “up-level” as a good place to start. It has since morphed into a term with even deeper meaning for me: Elevate.

I first came to regard the word Elevate when my six-year-old became addicted to cooking shows, specifically those of the Gordon Ramsey variety. No, not the ones where he’s throwing f-bombs at poor untrained fry cooks. I mean Master Chef Junior, where he inflicts compassionate yet tough love to help some amazing kid-chefs blossom into top-rated underage professionals. In that show, world-reknown chef Gordon Ramsey continually hammers on elevating the kids’ cooking. He explains how a gourmet chef and a fry cook can both put together a mean grilled cheese sandwich, but the difference between the two is that the gourmet chef will “elevate” the dish. The gourmet chef won’t just choose any bread and any cheese, but will select breads and cheeses specifically designed to enhance the depth of flavor in the dish. The gourmet chef will further elevate it by ensuring the bread and cheese both have precisely the correct ratios of crunchy and gooey textures. A gourmet chef will also pay close attention that the presentation of the dish is polished and professional – no greasy paper plates here. All of this provides elevation in many different aspects: it elevates the chef’s experience in making the dish with the challenge of problem-solving and navigating the complexity of a perfect grilled cheese sandwich, and the pride of knowing that the end result is top-knotch; it elevates the dish itself, taking it off the menu at the local greasy spoon to the featured item in a posh downtown deli; it elevates the diner’s experience from a quick, choke-it-down meal to a completely delightful gastronomic experience. When the chef elevates his product, the elevation has a ripple effect that positively impacts others. And that’s what I consistently strive for, and what I’m now focusing on in 2020: Elevation.

Just like the chef, my own Elevation is having ripple effects that have just been a delight to see, and have improved almost every aspect of my life, my business, and even my clients’ businesses. My own Elevation comes in many different forms, all of which have been beyond gratifying to see when I focus on Elevation as my goal. In my business life, I have elevated my services to only provide full-service bookkeeping. This, in turn, has allowed me to elevate my service level to my clients. That has led to elevation in my clients’ firms, with direct results in improving things like collections, revenues, profits, and even attorney free time. I have elevated my client service and client response times. I have even elevated my clients’ profit, and my own firm’s profit, while elevating the quality of my personal life with more and higher-quality family and personal time.

There are other ways that I am implementing Elevation in my life this year. I elevating my attitude. Not that I typically have a bad attitude (I don’t think – I’m sure some opposing counsel I’ve dealt with might disagree), but I am also Elevating my attitude, by making a conscious decision to approach challenges and stressors positively. I also work hard and deliberately to elevate others; by referring others who need attorneys to my bookkeeping clients; by refraining from gossip be it professional or personal; and by recognizing others’ strengths, and maximizing those in a way that allows us to elevate one another. Whether it’s my clients or my husband or my kids, I’m taking them with me to the top – to Elevation.

This word has become the central theme of 2020, and has helped me to improve my business and my life more than I ever could have expected a single word could. When I face a difficult decision, or maybe just don’t feel like doing much that day, I go back to my word for inspiration. I am Elevating.

So, what’s your Word of the Year – your Guiding Principle – for 2020? How are you putting it into practice?

Washington has temporarily halted enforcement of its B&O tax surcharge on law firms. What does that mean for your firm?

WA Temporarily Halts Collection of B&O Surcharge on Law Firms

A few months back, we let you know about the new surcharge law firms will have to pay on B&O tax starting in January 2020.  In effect, the new law increases your law firm’s B&O tax by 20%, from a rate of 1.5% to 1.8%.  There’s been a new development, and it’s both good and bad news for law firms.

The good news is that the Washington Department of Revenue (DOR) will NOT be collecting the surcharge for January 2020.  They haven’t said if they’ll collect it for February and beyond.  The reason they’re not collecting it is because there’s a bill on the table to partially repeal that tax. If you’re interested, you can download the text of that bill here. (It’s SB 4874.2.)

The bad news for us attorneys is, the partial repeal of the surcharge is only for doctors and veterinarians, so when the DOR does start enforcing it, we’ll still have to pay the surcharge even if the partial repeal passes.  

But, at least we get a break for a bit. 

Skepsis’ full-service bookkeeping for law firms includes filing and compliance with all Washington State tax reporting requirements. Click here to book an exploratory call today to see how Skepsis can keep you compliant, increase your bottom line, and give you more time for what’s important.

How Washington's New Workforce Education Surcharge Applies To Law Firms

How Washington's New Workforce Education Surcharge Applies To Law Firms

Law firms all around the state are receiving letters from the Washington State Department of Revenue regarding the new Workforce Education Surcharge.

Washington Department of Revenue Workforce Education Surcharge Notice Letter

And of course the big question is: What does this mean as far as what I pay in taxes?

For most Washington law firms, the new surcharge effectively changes your B&O tax rate from 1.5% to 1.8% of gross revenues. (Not profit, but gross revenues. That means that you pay the tax on all the money you bring in, without deducting any expenses.) This surcharge applies to income generated January 1, 2020 and later. In other words, you will first report and pay the surcharge on: (1) your January 2020 tax filing for monthly filers; (2) your first quarter 2020 tax filing for quarterly filers; and (3) your annual 2020 tax filing for annual filers.

As with any law, there are some nuances and exceptions. For more information about the surcharge, check out the DOR’s explanation here. To review the complete text of the law, see RCW 82.04.229. Or, to discuss the new surcharge or any other bookkeeping matters with a member of the Skepsis team, request a consultation here.

Practical Tips for Assembling and Managing a Successful Remote Legal Staff Team

More and more small law firms are opting to put together a team of remote staff. Studies are showing that companies built around remote workers experience less turnover, because the workers are happier and more productive than those who sit in an office. However, while there are clear advantages, assembling and managing remote team members also comes with its challenges. If you’re looking to build a remote legal staff team, here are some practical tips to keep in mind:

Compare Freelance and Employment

One of the first things you want to do when assembling your legal staff is to decide between hiring freelancers or employees. Freelancers and employees share many similarities, but there are also several differences to consider. Hiring a freelancer can be less expensive, provide a sense of flexibility, and require less paperwork. However, they typically work for several law firms at once, so they may not always be available at a moment’s notice. On the other hand, employees work primarily for your law firm. They are likely to commit to your firm at a higher level, invest more in the firm’s culture, and build stronger relationships with team members. Evaluate what your law firm needs the most so that you can make the best decision.

Regardless of whether you choose to build your law firm around freelancers or employees, you need to understand essential employment laws. For instance, do your research and become well-versed in employment tax, workers’ compensation, the Family Medical Leave Act, the Equal Pay Act, and the Americans with Disabilities Act. Doing so may help you prevent an unnecessary lawsuit or other legal issues.

Stress Communication

Communication is key in any business setting, and it can get tricky when your team members are in different cities or countries. Also, it’s easier to ignore an email than it is to tell your boss that you’re skipping the staff meeting in the next room. Before you hire anyone, stress the importance of communication, make it clear when everyone should be accessible to talk, and schedule regular virtual team meetings and/or phone calls to keep everyone on the same page.

Rely on Technology

Embrace technology to foster better interaction and communication. Look into apps like Slack so staff can enjoy water cooler moments or stay in quick contact, and transcription services to ensure all meeting notes are recorded and readily available. This also establishes a safety net so people can easily refer to notes and conversations 24/7.

Keep it Brief

When you have meetings or phone calls, keep them as brief as possible. Particularly when you’re managing a remote legal staff, taking too long to make your points or present your goals wastes valuable time. Be well prepared and concise with all correpondence—whether it’s through email, in a group meeting, over a phone call, or any other form of communication.

Foster Cohesion

Cohesion is another vital element, and it can be challenging to develop and maintain cohesion when your legal team includes remote staff. Start by introducing team members to one another each time a new staff member comes on board; when relationships develop and team members know how to share a laugh, it can improve productivity exponentially. Also, provide team members with important internal communication tools so they can talk and work together regularly.

Show Team Members That You Trust Them

Finally, nothing can breed discontent in a team more quickly than implying that you mistrust your staff. If you don’t trust that a potential staff member will produce the work you need them to, you shouldn’t hire them. While you may need to give specific instructions on projects and tasks, make it clear that you trust the abilities and intentions of each team member. Don’t micromanage every time you give an assignment.

If you want your remote legal staff to help grow your business, it’s important to come at it with the right approach. Make you sure you understand whether you need freelancers or employees, and become familiar with the various employment laws. Create reasonable communication guidelines, and keep communication times concise and effective. Lastly, take the necessary steps to develop and maintain cohesion within your team, and make it clear that you trust your team members.

Photo Credit: Pexels

Bookkeeping Calendar for Law Firms

Sample Bookkeeping Calendar for Law Firms

It’s a new year!  Time to make your law firm bookkeeping processes a breeze.  To do that, here’s one tool for you to add to your arsenal in the fight against the administrative beast: a calendar!  After checklists, calendars are one of our favorite beast-taming measures, and we’ve prepared this one just for you.

  • January 5: Run depreciation for prior year. Enter & reconcile December transactions.  Review P&L. Review Balance Sheet.
  • January 6: Prepare 3-Way Trust Reconciliation for prior month. Prepare quarterly trust statements and send to clients.
  • January 10: Clean up stale A/R and A/P transactions. Review annual P&L and Balance Sheet.  Finalize budget for the year.
  • January 31: Issue and file prior year’s 1099s.
  • January 31: Close your firm books for the prior year and send them to your CPA to begin preparing taxes.

 

  • February 5: Enter & reconcile January transactions. Review P&L.  Review Balance Sheet.
  • February 6: Prepare 3-Way Trust Reconciliation for prior month.

 

  • March 5: Enter & reconcile February transactions. Review P&L.  Review Balance Sheet.
  • March 6: Prepare 3-Way Trust Reconciliation for prior month.

 

  • April 5: Enter & Reconcile March Transactions. Review P&L.  Review Balance Sheet.
  • April 6: Prepare 3-Way Trust Reconciliation for prior month. Prepare quarterly trust statements and send to clients.

 

  • May 5: Enter & Reconcile April Transactions. Review P&L.  Review Balance Sheet.
  • May 6: Prepare 3-Way Trust Reconciliation for prior month.

 

  • June 5: Enter & Reconcile May Transactions. Review P&L.  Review Balance Sheet.
  • June 6: Prepare 3-Way Trust Reconciliation for prior month.

 

  • July 5: Enter & Reconcile June Transactions. Review P&L.  Review Balance Sheet.
  • July 6: Prepare 3-Way Trust Reconciliation for prior month. Prepare quarterly trust statements and send to clients.

 

  • August 5: Enter & Reconcile July Transactions. Review P&L.  Review Balance Sheet.
  • August 6: Prepare 3-Way Trust Reconciliation for prior month.

 

  • September 5: Enter & Reconcile August Transactions. Review P&L.  Review Balance Sheet.
  • September 6: Prepare 3-Way Trust Reconciliation for prior month.

 

  • October 5: Enter & Reconcile September Transactions. Review P&L.  Review Balance Sheet.
  • October 6: Prepare 3-Way Trust Reconciliation for prior month. Prepare quarterly trust statements and send to clients.

 

  • November 5: Enter & Reconcile October Transactions. Review P&L.  Review Balance Sheet.
  • November 30: Prepare draft list of 1099 recipients; send Forms W-9 to 1099 recipients.

 

  • December 5: Enter & Reconcile November Transactions. Review P&L.  Review Balance Sheet.
  • December 6: Prepare draft budget for upcoming year.
  • December 29: Deadline for W-9 recipients to return completed W-9 forms.
Checklist: Year-End Bookkeeping for Law Firms

Checklist: Are Your Law Firm Books Ready For Year-End?

Getting your books ready for year-end doesn’t have to be a beast.  Here’s a simple checklist to help you walk through the steps.  For a more detailed step-by-step walkthrough, see: A Step-By-Step Guide To Preparing Your Law Firm’s Books For Year End.

  • Reconcile Operating Accounts
  • Reconcile Trust Accounts
  • Confirm Year-End Bank Statement Balance Matches Year-End Books Balance for All Operating Accounts
  • Confirm Year-End Bank Statement Balance Matches Year-End Books Balance for All Trust Accounts
  • Determine 1099 Recipients & Obtain W-9s
  • Run Depreciation
  • Clear Stale A/R transactions
  • Clear Stale A/P transactions
  • Clear Unreconciled Operating Transactions
  • Clear Unreconciled Trust Transactions (& Ensure Those Unreconciled Trust Transactions Aren’t A Sign Of A Trust Mistake)
  • Review P&L For Mistakes & Aberrations
  • Review Balance Sheets For Mistakes & Aberrations

Click here to print out our checklist in PDF format.

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.