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A large number of lawyers engage in what, euphemistically, is called “value billing.” More bluntly, it’s called mail fraud. Here’s the idea:You’re a lawyer, and a prospective client wants you to do something. Say, they want you to draft a contract for some purpose or another.You talk to them about your expertise. You lay on the charm. You show them the fancy awards you won. They’re on board, and you formalize your attorney/client relationship with a document called an “engagement letter.” The engagement letter sets forth the important parameters of the relationship, most definitely including how fees are computed.Most attorneys will have a line in there that says “unless otherwise specified on a case-by-case basis, I bill at such-and-such per hour for legal services.” The client is on board with that, and they sign off. Let’s say your rate is $500/hour, just to make nice round numbers.Now you talk with the client about what they need this contract to involve. You talk to them for, say, an hour. You now have a perfect understanding of what they need. Lo and behold, you can crib from another contract you have lurking around in your files, and adapting this template to fit your client’s needs takes, say, 15 minutes.A lawyer who engages in “value billing” might bill, say, 4 hours for producing the contract for the client, on top of the hour conversation. Their rationale is that they’re delivering $2000 in value to the client, so 4 hours is a fair price. Besides, the only reason they have this template is because they’re such a great and knowledgeable and fancy lawyer to begin with. So, in their mind, another lesser attorney might really need to take 4 hours.Don’t be mistaken: some things are not wrong about what the attorney is doing. It’s not wrong to crib from old work. It’s not even wrong to charge $2000 for something that only took 15 minutes. What is wrong is to tell the client you’re billing them by the hour, then fabricate your hours.This happens from time to time, and for various reasons. I’ve personally known some lawyers (… and, to be clear, they’re the exceptions…) who do this regularly. I’ve known some lawyers who only do this occasionally, and only under special circumstances. Hell, as a young attorney I’ve been given explicit directions to do so by my supervising partner.(In that case, the client was a bit of a pain in the ass, and created a last-minute emergency that didn’t need to be created. I did a reasonably good job in a reasonably short amount of time. Upon reviewing my work, the partner said something along the lines of, “Good job. Bill an extra 5 hours on this and take the rest of the day off.” Being BigLaw, I definitely billed the extra 5 hours. I definitely did not take the rest of the day off.)Most lawyers know what the phrase “value billing” means. If they don’t, I’m sure they know about the practice by some other name.