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GAZETTE

SEPTEMBER 1984

Calculation of hourly cost rates (HCR), 1984/85

Budgeted expenditure.

1984/85

£ 38,000

142,000 (x) ('/,x

Fee earners' salaries

Other expenditure

£71,000)

Notional salaries, etc.

Total expenditure

Calculation

£ 180,000

69,000

£249,000 Total salaries £107,000 (S)

Salary

Total

(s)

%.v

- 9 '/,* - S/s

cost

Hrs

(D

(2)

(J)

(l)+(2)+(3) HCR

Mr. D

1,000

23,000

7.889

15,263

46,152

46

Mr. B

1,000

23.000

7,889

15,263

46,152

46

Mr. L

1,000

23,000

7,889

15,263

46.152

46

Q A 1

1.250

9.000

7,889

5.972

22.861

18

Q A 2

1.250

8,500

7,889

5.641

22,030

18

U A 1

1,250

6.000

7,889

3.982

17,871

14

U A 2

1,250

5,000

7,889

3,318

16.207

13

U A 3

1,250

5,000

7,889

3.318

16.207

13

Tr

900

4.500

7,889

2,986

15,375

17

9

10.150

107,000

71,000

71,000

249,000

Inevitably there are a number of variations that can be

introduced into the calculations — some arising from

differences in philosophy and some being fine tuning to

produce more accurate costs.

Please remember, however, that each firm's hourly cost

rates are unique to it and indeed the hourly cost rate for

each fee earner is unique to him or her. This does not

mean, however, that one would not expect to find

similarities in rates among firms similar in size, location

and methods of operating.

I have said that the hourly cost rate if applied to the

chargeable hours should produce a gross- fee income

equivalent to the budget costs/expenditure according to

how this has been defined. But I am sure you will have

realised that this may not be the result. There are certain

premises underlying the theory. The result will be attained

only:

1. If there is sufficient volume of business.

2. If the firm is able to charge and recover the full value of

the chargeable hours.

3. If the costs are contained within the budget figures.

4. If the expected chargeable hours for fee earners are in

fact worked.

5. If the partners promptly render fees and are diligent in

recovering them.

Because, as I explain later, time cost is normally only

part of a fee charged the total gross fee income of a firm

should be greater than the product of the total chargeable

hours at the firm's hourly cost rates — the 'surplus'

depending on the extent to which the foregoing

hypotheses are met and the way in which the firm has

determined its hourly cost rates.

It is, however, a management function to monitor all

these matters and a good time costing system will help you

do this and where appropriate you may have to adjust

your figures to reflect changes in chargeable hours,

expenditure, cash flow, etc. Indeed you should re-

calculate your hourly cost rates if there is any significant

change in any of the costs or other variables in the

formula.

The fee

I now move to the last part of this article — how to get

from time recording and time costing to the fee.

First of all, as I have said, the assessment of the correct

fee except where it is determined by court tables is a

matter of judgment as to what is fair and reasonable in the

circumstances — it cannot be an entirely scientific

calculation and it cannot be predetermined by some table

which is all things to ail men. Having said this, however,

we should have all the relevant facts before us when we

make our judgment, and one of the most relevant facts in

most cases will be the time spent on the job and the cost of

it. If may be that when we look at the time cost we may say

that it is too high because the job has been badly handled

or we may say that the job was done very quickly because

the person who dealt with it had become an expert on the

matter which he was dealing with or we may say that in

assessing the fee the time spent is only a minor factor and

that the fee will be related much more to other factors.

I believe, however, that in every case we should start

with the time cost and then having considered the relevant

factors in its make-up and made what adjustments we

think appropriate, we should decide what should be what

I will call the chargeable or adjusted time cost — the time

cost figure that can be validly used in assessing the fee.

Various expressions are used to describe the parts of

what is the final fee. The adjusted time cost is sometimes

called the base factor of the

A

factor and the other factors

are sometimes called the

B

factor or the supplementary

factor so that the fee is

A

plus

B

or the base factor plus the

supplementary factor. I should perhaps say that I do not

think that the unit in the Law Society General Table is

really a valid time cost — it is of course meant to be a

charging rate and probably includes some element of a

B

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