We moved from hourly billing to fixed fees many years ago.

Sure, there were issues. We worried about all the things you’d likely think to worry about:

• What about the client that takes advantage and calls 10 times a day?
• What about the client who refuses to settle?
• What about the opposing counsel who turns our fee arrangement against us by dragging out the case?

We’ve dealt with all of those issues. Over the years, we’ve managed all of them, and many of our fears turned out to be far less of an issue than we originally imagined.

Of course, there are benefits of fixed fees over hourly billing. The list is long and benefits the lawyer, the law firm, and the client.

However, one benefit gets short shrift in the discussion of fixed fees. It’s totally intangible, and it has little to do with the economics of the law practice.

Fixed fees let lawyers be artists. They let us do what needs doing even if it’s not something that’s economically justifiable. They let you as a lawyer release the imaginative, creative inner lawyer that too often stays bottled up inside because of the economic constraints resulting from clients feeling the pressure to pay the bills.

Your inner lawyer/artist may call for you to do more discovery based on a hunch. You may want to do more research based on a crazy theory. You may have a theory that would be good for the law but wouldn’t necessarily matter for your client of the moment.

With fixed fees,. your client can let you run with your idea because it won’t cost the client more. They aren’t worrying about every nickel and dime because you’ve already been paid. They’re usually enthusiastic about pursuing your idea because it might help them in the long run and there’s often nothing but upside for the client.

We spend so much time worrying about being efficient and cost effective. Those concerns often keep us from being creative, intuitive, and imaginative. A shift in billing arrangements may open doors that let your creative juices run wild. A small change in the economic practices of your firm may be just what it takes to bring back the inspiration you need to bring out your inner artist. You might find yourself enjoying something that felt burdensome and boring under the hourly billing model. Let the artist out.