The Timesheet's David Mills Argues Supreme Court Case, Makes Cover of ABA Journal
As we browsed through this month's issue of the ABA Journal, we knew the guy on the cover looked familiar. Then it hit us: the David Eduard Mills featured in the cover story is none other than our own Courtoonist, David Mills.
In addition to being a talented cartoonist, David is a solo whose practice focuses on federal appeals. Yesterday, he argued Ortiz v. Jordan before the United States Supreme Court. As the ABA Journal reported:
In 1996, [plaintiff Michelle] Ortiz was serving a 12-month sentence for aggravated assault after using a knife to fight off her physically abusive husband. While Ortiz was an inmate in the Ohio correctional system, a guard sexually assaulted her repeatedly. When she reported the incidents, Ortiz was punished and put into solitary confinement, where she was later found ill and vomiting. She filed a federal civil rights lawsuit against the state and the officials at the women’s prison. In 2005 she won a $625,000 jury verdict against the two officials, Paula Jordan and Rebecca Bright.
But in March 2009, the 6th Circuit reversed the verdict, holding that the trial judge erred in not granting summary judgment for the state and the prison officials based on their defense of qualified immunity. The trial judge had granted summary judgment for the state but denied it for the two officials. Lawyers for the prison officials failed to file an interlocutory appeal before trial, which Mills now says should have been done if the state wished to preserve the issue post-trial.
When David started Courtoons, his goal was to post a cartoon every day. Although he kept up that punishing schedule for 34 weeks, he later switched to a one-a-week schedule before beginning an extended hiatus earlier this year. Since he's devoted more than 450 (as yet uncompensated) hours to the Ortiz case alone, we understand why he's taken a break from cartooning: seems he's been a bit busy.
Regardless of the outcome of Ortiz, the case will have a lasting positive impact on the success of David's practice. Congratulations, David, from all of us here at The Billable Hour Company!
Feature Article: What's it Going to Take? by Kevin Houchin
What’s it going to take to change your relationship with time?
I’ll admit it’s an ironic question for an e-newsletter titled "The Timesheet" from a Website named "The Billable Hour." But the question is important because it assumes one should change one’s relationship with time.
Last month I introduced this question in the context of "shattered" constructs for the way we interact with the world. The concept of valuing our services based on the time it takes to render those services is one of those shattered constructs. You can choose to waste your energy trying to glue those shatter pieces back together, or you can try to create a new construct. I’m convinced this requires a new relationship with time.
So, what’s it going to take?
All change requires an understanding of the polarity of the situation. Polarity allows us to think of the way things are now and the way we want things to be as opposite ends of a single pole. These levels of being are the same in nature, but different in degree. It’s like a dimmer switch on a light. More light at the top, with less at the bottom and an infinite number of settings in between.
Where are We Now? Hourly Billing
Billing by the hour is simply trading moments of your life for someone else’s money—with both of you looking at the clock all the time. You've seen your clients look at their watch. I'll bet you've also noticed their body language shift when you are going over an important point of the conversation a second time to make sure you fully understand the issue.
You've looked at your own watch with a chatty client wondering if you can reasonably bill for this particular part of the conversation. You've probably decided not to bill for a 10-minute call from a client because you didn't want to seem petty. (And you knew that it would take longer than the 10 minutes to bill for the 10 minutes.)
You've trapped yourself into the lose-lose situation of telling the client you charge $250/hour for the project, then answering their reasonable request for a "ballpark" estimate on what the project would take. Then, you either went over on the hours and fell beyond the ballpark estimate you provided and decided to eat the extra time or you came in way under and felt like you were not paid what the project was worth. You really just said, "it’ll be X or Y, whichever is less." Either way, you lose.
Where We Want to Be: Better Relationship With Time
Suppose neither your clients nor you needed to look at the clock during a meeting because the value of the work was not conditioned upon the time it takes to do that work. Suppose the value of the work was based on the benefit to the client. Crazy, I know.
Suppose instead of saying the work will be $250/hour or $2,500 (implying "whichever is less"), you just said the project would be $2,500 and did the work. If you’re scared to price it at $2,500 because it could be $5,000, then price it at $5,000. Give yourself room to breathe. It won’t hurt, I promise.
How would that feel?
I can tell you. It feels great. But it only feels great when you change your personal, inner relationship with time. Because if you’re still valuing yourself by what you bill per hour, you’ve not yet escaped the trap. As long as you look at yourself as worth $X per hour, you will always be undervaluing yourself.
Next month, we’ll talk about how you change the way you value yourself.
What’s it going to take to truly honor and value you?
Kevin Houchin is a lawyer, graphic designer, husband, father and creative spirit. In his law practice, Houchin & Associates P.C., Kevin advises creative people on how to maximize creativity, build businesses, and protect intellectual property. He is also the founder of The Space Between Center for Creative Spirit in Business, a unique mentorship program designed to equip, inspire and position lawyers and other entrepreneurs to attract and serve their ideal clients in the information age. From vital flat-fee billing schedules to advanced internet marketing strategies, no subject is left uncovered in this groundbreaking mastermind program.
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Did you know that Stu licenses his artwork for use in newsletters, presentations, print publications and on websites? He even offers special rates for student and teacher use.
You can also purchase original artwork and custom prints (framed or unframed) from Stu.
Timesheet readers get 15% off all licensing orders, original artwork and custom prints (use coupon code BILLHOUR). Click here for information on licensing or purchasing any of Stu's holiday cartoons for lawyers, or any of the hundreds of images Stu offers. For more information on original artwork and custom prints, click here.
Cartoon: Courtoons
by David Mills
Courtoons are the creation of David Mills, an Ohio appellate lawyer who works with litigants and law firms involved in civil and criminal cases in federal courts across the country. Visit David's law firm website at www.MillsFederalAppeals.com
Cartoon: J.D.
by Mark F. Bernstein
Mark F. Bernstein is a lawyer, cartoonist, writer, historian and producer. He is the author of five books on politics and sports, contributor to numerous national magazines and co-producer of the feature-length documentary film "8: Ivy League Football & America." You can find out more about Mark and his current projects at www.MarkFBernstein.com
Video of the Month: SoloCorps Interview: Legal Humorist Sean Carter
This month's video is an interview of TBH friend and supporter Sean Carter. The interview is archived as part of the SoloCorps project, which captures the rich range of experiences of solos and small firm lawyers across the country on video. By telling their stories, lawyers who participate in SoloCorps are sharing their wisdom with today's lawyers, as well as with the next generation.
You can find more than 40 interviews of lawyers from Minnesota, Michigan, Tennessee, Pennsylvania and Nebraska at the SoloCorps website.
TBH encourages you to participate in SoloCorps by adding your own video to the SoloCorps Website. You can upload a video recorded with your video camera, or record a webcam video. The site is available 24/7/365. You're welcome to talk about anything relating to solo or small firm practice. Here are a few ideas to get your storytelling juices flowing:
What impact has technology had on your law practice?
What does it feel like to work with a really great client? What do you do when you're stuck with a lousy one?
How has your practice been different from what you imagined when you were in law school?
How did you land your first or biggest client?
What challenges have you faced practicing in a remote or rural community? How have you met them?
What has been the happiest moment of your law practice so far?
How did you find a mentor? What's the most important thing your mentor taught you?
When
you announced your plan to go solo, how did you handle the naysayers?
Or, who was the most supportive of your plan, and how was that support
expressed?
How has law practice changed (for better or for worse) since you started practicing?
Tell a story about the most colorful solo or small firm lawyer in the local legal community
What is your most exciting plan for the future of your practice?
When you retire from practice, how do you want to be remembered?
To watch more hilarious law-related videos from around the web, join us at The Video Venue!
Like this cartoon? Send it to friends, clients or colleagues on greeting cards. To order, visit The Billable Hour Card Store.
Suzan Charlton is a professional cartoonist who is rumored to practice insurance coverage law as a hobby for a major Washington D.C. law firm. Her cartoons cover a wide range of law-related topics, from law school grades to law firm romance.
Song of the Month: A Million Christmas Trees
by Lawrence Savell
Well I went to law school many years ago
To be like Perry Mason on that TV show
The king of the courtroom, the duke of depo
These were my dreams but what the heck did I know.
But real law practice is a whole different thing
They sit you in a conference room and cartons they bring
Responding to discovery, well that's what I do
Subject to your objections, got some answers for you.
Is it responsive: Well Baby, you tell me
Confidential: That's between you and me
Is it a privilege: Well it is to me
'Cause I've got more paper than A Million Christmas Trees.
Life is a production in more ways than one
Rule thirty-four means twenty-four hours of fun
One broad request interpreted literally
Calls for every document since Code of Hammurabi.
Run some foil through the shredder and tinsel we'll make
Redact that frown, insert a smile in its place
You've got my Bates number Baby, but before you proceed
A few interrogatory answers I need.
Is it responsive: Well Baby, you tell me
Confidential: That's between you and me
Is it a privilege: Well it is to me
'Cause I've got more paper than A Million Christmas Trees.
I'm compelled to admit some people think I'm nuts
I wear rubber fingertips, show off paper cuts
But while they search for a sweetie in the snow and sleet
I'm warm and toasty here between my sheets.
Is it responsive: Well Baby, you tell me
Confidential: That's between you and me
Is it a privilege: Well it is to me
'Cause I've got more paper than A Million Christmas Trees.
Just one of the hilarious songs on
Cartoon: Law and Disorder
by Paul Brennan
Like this cartoon? Send it to friends, clients or colleagues on greeting cards. To order, visit The Billable Hour Card Store.
Cartoon: Jonny Hawkins Collection
by Jonny Hawkins
Like this cartoon? Send it to friends, clients or colleagues on greeting cards. To order, visit The Billable Hour Card Store.
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Did you know that Jonny licenses his artwork for use in newsletters, presentations, print publications and on websites? He even offers special rates for student and teacher use.
You can also purchase original artwork and custom prints (framed or unframed) from Jonny.
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Take a close look!The dials of our watches and clocks are marked in tenths of an hour—the same way many lawyers, paralegals and law clerks bill for their time.
