At my first job out of law school, lawyers billed in 15 minute increments. That seems crazy because the industry is so wedded to the six-minute standard, but the billing blocks weren’t the strangest phenomenon in the office. No, what really kept people talking was the attorney who always stayed on his Bluetooth. Even in the bathroom.

This guy regularly did business … while doing business.

Great attorney. Hard worker. But were the bathroom conversations really necessary? And were they billable?

And it’s not explicitly verboten. Double billing and padded billing are absolutely prohibited, but the Model Rule of Professional Conduct are silent on where you can bill. As long as you don’t charge or collect an unreasonable fee for your time, bathroom billing should be fine. Assuming of course you are actually working.

We all know that working on a client matter doesn’t necessarily require drafting a memo. Sometimes, you’re just mulling an issue and mentally working through solutions. If you can remain actively engaged in your work while in the bathroom, why should that six-minute block be different from six minutes at your desk?

Calling a client while taking a time out is tacky, but there’s no reason can’t you review a case or a brief on the throne. After all, you can’t spell “six-minute increment” without excrement.

Related Resources:

  • Do You Deduct Time from Your Billing Sheet for Bathroom Breaks? (ABA Legal Rebels)
  • Attorney Malpractice Claims: What Most Gets Lawyers Sued? (FindLaw’s Strategist)
  • 3 Legal Issues for Cutting and Pasting (FindLaw’s Strategist)

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