Billing for paralegal and support staff work can be a valuable way to maximize a law firm’s revenue—when done correctly. However, improper billing practices can lead to client disputes, ethical violations, and even disciplinary action. As a law office manager, you play a key role in ensuring that your firm’s billing for non-attorney work is both ethical and compliant with industry standards.
Here’s what you need to know about billing for paralegal and support staff time.
1. Understand the Ethical Guidelines for Billing
The American Bar Association (ABA) and state bar associations set clear rules regarding billing for paralegal and support staff work. Generally, you can bill for tasks performed by non-attorney professionals if:
- The work is substantive legal work that would otherwise be performed by an attorney.
- The paralegal or staff member is properly trained and supervised by an attorney.
- The firm does not bill at an attorney’s rate—paralegal work should be billed at a reasonable market rate.
The ABA Model Guidelines for the Utilization of Paralegal Services confirm that legal assistants’ work must not be billed as attorney time and should be clearly itemized on invoices.
2. What Tasks Are Billable?
Paralegal and support staff work can be billed when it involves substantive legal tasks that contribute directly to case outcomes. Common examples of billable tasks include:
✔ Drafting pleadings, contracts, and legal correspondence (under attorney supervision).
✔ Conducting legal research and summarizing findings.
✔ Preparing discovery documents and responses.
✔ Interviewing clients or witnesses (as part of case preparation).
✔ Managing case files, including organizing exhibits for trial.
The key is that these tasks require legal skill and would otherwise be performed by an attorney at a higher rate.
3. What Tasks Are Not Billable?
Administrative and clerical tasks should never be billed to clients, even if performed by a paralegal or legal assistant. These include:
❌ Scheduling meetings or court dates.
❌ Transcribing dictation.
❌ Filing or organizing documents.
❌ Data entry or copying documents.
❌ Answering routine client calls about scheduling.
These tasks are considered overhead costs and should be factored into the firm’s rates rather than billed separately.
4. Set Proper Billing Rates for Non-Attorney Work
To avoid ethical issues and client pushback, your firm should establish clear, reasonable billing rates for paralegal and support staff work. Consider:
- Industry benchmarks – Research what similar firms charge for paralegal services in your region.
- Experience and expertise – More experienced paralegals may justify higher rates.
- Transparent rate structures – Clearly differentiate attorney, paralegal, and administrative rates on client invoices.
For example, a firm may charge:
- $300–$600 per hour for attorney work.
- $100–$250 per hour for paralegal work.
- Non-billable for administrative tasks.
5. Clearly Identify Billable Paralegal Work on Invoices
To avoid client disputes and ensure compliance, invoices should itemize paralegal work separately from attorney time. Best practices include:
- Listing who performed the work (e.g., “Jane Doe, Paralegal”).
- Providing detailed descriptions of the task (e.g., “Drafted and formatted response to interrogatories”).
- Avoiding vague descriptions like “file review” or “legal research” without specifying the purpose.
Example of a well-structured invoice entry:
✅ 2.0 hrs – Jane Doe, Paralegal – Drafted deposition summary for Attorney Smith’s review.
6. Ensure Compliance with Client Guidelines
Many corporate clients, insurance companies, and government agencies have strict billing guidelines that dictate:
- Which staff members’ work is billable.
- Maximum billable rates for non-attorney time.
- Required invoice formatting and descriptions.
Always review client contracts and billing agreements to ensure compliance and avoid rejected invoices.
7. Train Attorneys and Staff on Proper Billing Practices
Even with clear policies, improper billing can still happen if attorneys and staff aren’t aware of the rules. Conduct regular training to ensure:
- Attorneys only delegate billable work to paralegals.
- Paralegals track and describe their work properly.
- Support staff know which tasks should never be billed.