Hello everyone and welcome to this Ethics Alert which will discuss the recent (January 11, 2019) Illinois Bar Complaint which alleges that an Illinois lawyer inflated his billable hours because of perceived expectations from his law firm. The case is: In the Matter of Christopher Craig Anderson. No. 6304580 and the disciplinary Complaint is here: https://www.iardc.org/19PR0003CM.html
According to the Complaint filed by the Illinois Attorney Registration and Disciplinary Commission, the lawyer had worked as an associate at Kirkland & Ellis before leaving to join Neal, Gerber & Eisenberg, where he was promoted to nonequity partner. The lawyer started working for Kirkland & Ellis in 2011 and Neal Gerber in 2015 and both are large law firms.
According to the Complaint:
During his time at both firms, in an attempt to meet what he perceived to be the firms’ billing expectations, Respondent recorded time beyond what he had actually spent in handling client matters, knowing that the time he recorded would be billed to his clients and that they would be asked to pay fees based on the records he created. For the days that Respondent felt he had not recorded sufficient time on client matters, he increased the time he claimed to have spent on those matters based on a number of factors, including his assessment of the likelihood that the client would object to the time he recorded. As an example, if Respondent spent 0.3 hours on a client matter, he would record that he had actually spent 0.5 hours, or he would bill 2.1 hours for work that actually took him 1.7 hours to complete.
In August 2018, Respondent reported his conduct to one of the leaders of his practice group at Neal Gerber Eisenberg. The firm then conducted an inquiry into Respondent’s billing practices, at the conclusion of which it determined to offer a refund or credit to more than 100 clients who may have been affected by Respondent’s conduct. As a result, the firm offered to return funds that amounted to 20% of Respondent’s recorded time that was actually billed to and paid by the firm’s clients, which totaled more than $150,000. The Kirkland & Ellis firm, which also had not been aware of Respondent’s conduct at the time it was occurring, similarly determined to offer refunds or credits to clients affected by Respondent’s conduct.
A Kirkland & Ellis spokesperson provided a statement to the ABA Journal: “We recently learned that a former associate during the 2011-2015 timeframe may have rounded up his billable hours to certain clients. We take these situations very seriously and are in the process of preparing refunds or credits for all potentially impacted time that was billed to any client.”
Bottom line: This case is another unfortunate example of a lawyer inflating billable time to meet the expectations of his law firm(s), which are both considered to be large “BigLaw” firms; however, in this case, the lawyer self-reported his misconduct to his law firm and was terminated.
Be careful out there.
Disclaimer: this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
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