Trainees' time is precious and must be well spent

A partner recently asked why a trainee’s utilisation rate was so low. Having registered under 10 per cent of his working hours as billable, the partner was concerned the trainee was not putting in enough effort.

You may have noticed a number of potential assumptions in this scenario: that the trainee was at fault, that trainees should be judged on billable hours and that the trainee was not using his time valuably.

Discussing the situation with the trainee and his supervisor, I found that he was, in fact, extremely busy on non-chargeable work, which was nonetheless of great value to the business. He had been preparing internal memos of advice on new legislation and regulation that would significantly impact the firm’s practice and its clients. However, the intrinsic value of this work was not being captured or measured.

The training contract is a time for young lawyers to cut their teeth and build their confidence so that by qualification they are ready to work independently and start paying back the investment the firm has made in them. A law firm, however, is a business and it needs to generate profit. If trainees do not understand this, they may not recognise the impact of billings on their internal reputation.

In this case, the trainee was not aware of how his time was analysed which meant that he had not recorded his billable time effectively. Many firms include law firm finance in their induction programme, but it is a message which should be emphasised throughout the training contract so that junior lawyers develop their business awareness in context.

Also, trainees may not record their time accurately out of a concern they have taken too long over a task. If you fall into this trap, you may be doing yourself a disservice. You are a junior lawyer - your time is priced accordingly. It may take you three hours when it would take a senior associate only one, but they will be charged out at a significantly higher rate. Ensure you discuss how to bill your time with your supervisor. You may not be able to record all of your time because the matter has a fee cap, but at least then you will have highlighted that you are working at capacity.

It is also worth questioning how the firm captures non-billable time. Some firms have a wide range of non-chargeable codes for business development, training, supervision, etc. They may allow a certain number of non-chargeable hours towards billable targets in each year. Understand the value your firm places on non-chargeable work so that you can talk meaningfully about it with your supervisors.

This is a prime example of how communicating with senior lawyers can boost your profile. Checking in with the partner-in-charge and associates, discussing your
work load and raising any issues you may have in relation to the work you are (or are not) doing will help to pre-empt any question about your commitment or use. SJ

Paula McMullan is a consultant specialising in trainee solicitor recruitment and management

www.mcmullanpartnership.com