Page 15 - Law Society of Hong Kong MPMC Manual v8 - With checklists (1 March 2018)
P. 15

Practice Management Course | Unit 2
                                                                                               Financial Management



                     the debt is nearly three times more likely to be collected than a debt that is left to
                     90+ days.

               23.  There are three elements to minimising doubtful debts:

                     (1)   Effective file management for costs recovery.
                     (2)   Essential elements of bills or invoices included.
                     (3)   Effective debt collection procedure.

               24.  There is a need for lawyers to maintain good relationships with their clients and not
                     have a  conflict of interest with regard to debt collection. Thus, in the majority of
                     practices,  the  actual  collection  of  outstanding  fees  is  left  to  accounts  staff.
                     However, that does not mean that practitioners  are helpless with respect to
                     minimising doubtful debts.

               25.  In  terms  of  file  management,  practices  should  assess  their  potential  clients’
                     financial position carefully before engaging them. You should get the money in trust
                     and  have  frank  and  transparent  conversations  with  your  clients  to  educate  them
                     with respect to payment requirements. In addition, you should keep them informed
                     of  the  fees.  In  fact,  you  should  take  the  time  to  communicate  the  value  of  your
                     work to clients and make sure that clients do understand and appreciate the value
                     of your work.

               26.  The  bills  themselves  should  articulate  the  value  of  what  you  have  done  for  the
                     clients – what is the benefit to them? A phone call to explain the bill and answer
                     queries might be necessary. If clients receive regular bills from you, it should also
                     be easy for them to understand what they are paying for this time. Your bills should
                     use  the  terminology  ‘Current’,  ‘Overdue’  and  ‘Pay  Now’,  instead  of  ‘30  days’,  ‘60
                     days’ and ‘90 days’, as the latter indicates to the client that it is acceptable to pay
                     in three months’ time.

               27.  An effective debt collection procedure is normally:

                     •  Automated in the practice management system.
                     •  Centralised.
                     •  Followed  all  the way through to recovery  on a  regular,  consistent  and
                        managed basis.

               28.  It  is  important  to  monitor  your  doubtful  debts  regularly.  Start  by  identifying  the
                     most common reasons debts go over 60 days in your practice (e.g., some clients
                     are given more flexibility in paying their bills). Then, set and implement some rules
                     to  prevent  debts  going  more  than  60  days  overdue  and  to  improve  performance
                     with respect to debts.

               29.  In addition, regularly assess whether the rules are working. If not, re-analyse and
                     make new rules.

                      Rules to implement to prevent debts going more than 60 days overdue
                      1.
                      2.
                      3.




               © The Law Society of Hong Kong (2018)                                                     Page 11
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