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The Rate Card and What It Does Not Say

A rate card is a list of prices per hour. What it leaves out is who will be doing the hours, which is what actually determines the bill.

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02 of 07
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Four ways of charging the same piece of work

Hourly, uncapped

Whatever the hours come to, at the agreed rates

Firm carries: Nothing, until the client stops paying

Fixed fee

A figure agreed before the work was scoped

Firm carries: Every hour past the figure, and the argument about scope

Capped hourly

Hours up to a ceiling, and nothing above it

Firm carries: The hours above the cap, with no corresponding reduction when the work is light

Monthly retainer

A fixed sum per period regardless of volume

Firm carries: The months when the volume arrives, and the goodwill in the months it does not

The same work, four prices, and the question each arrangement answers is "who carries the part nobody can forecast". One firm's own matter, not advice about how to price anything.

A rate card lists a price per hour for each grade. What it does not say is how many hours of each grade a matter will take, and that is what determines the bill.

The commercial boundary in “The Rate Card and What It Does Not Say” becomes more useful when estimated work, recorded hours and authorised scope can be compared without changing the signed terms. Teams researching online timesheets for client billing can use Monitask’s guide to online timesheets for client billing to organise that operational evidence while keeping the engagement letter and approved change record as the contractual source of truth.

A client who negotiates the senior rate down ten per cent and then receives a matter staffed mostly by seniors has lost the negotiation.

For an independent reference relevant to “The Rate Card and What It Does Not Say”, consult HSE work-related stress guidance. Compare the general guidance with the actual contract, jurisdiction, accounting policy and payment route involved.

What the card controls

The multiplier. It is checkable, it is agreed, and it almost never produces a dispute on its own.

What the mix controls

Everything else. The same twenty hours at three different grade mixes produces three bills that differ by half.

Mix is a staffing decision made weekly by somebody who is not thinking about the bill.

The negotiation clients usually have

Percentage off the card. Simple, visible, and the firm can absorb it by shifting mix without anybody noticing.

That is not a conspiracy; it is what happens when the only agreed variable is price per hour.

The negotiation that would bite

Agreement about who does what: that document review is done at or below a stated grade, that partner time is for stated activities.

Harder to write, harder to police, and it addresses the variable that actually moves the total.

Blended rates

One rate for everybody. Removes the mix question entirely and makes the bill trivially predictable per hour.

It transfers the mix risk to the firm, which is why firms resist it, and it is the cleanest answer to the problem above.

Why blended rates are rare

Because they expose the economics: a client can see immediately that juniors are profitable and partners are not, at the blended figure.

That visibility is uncomfortable and it is not a reason the arrangement is worse.

What a card says about a firm

Little. Headline rates are set by market position and are discounted in practice more often than not.

The realised rate — what was actually collected per hour — is the honest figure, and it is internal.

Rate rises

Usually annual, usually on notice, and usually the point at which a client re-reads the engagement letter for the first time in two years.

A rise introduced in a bill rather than in a letter is read as an attempt to slip it through, whatever was intended.

The rate for somebody new

A team changes and a grade appears on the bill that was not on the card. Strictly there is no agreed rate for them.

Adding a line to the card by email before the first bill takes two minutes and forecloses a query that is otherwise entirely fair.

Rates for work the card does not cover

Travel, waiting, attendance out of hours, work done by paralegals or offshore teams.

Each needs a line or it will be billed at a rate the client never agreed to, which is a dispute the firm cannot win.

What to publish to the client

The card, the mix assumption behind any estimate, and the rule for changes.

The second of those is almost never given and is the one that makes an estimate meaningful.

The discount that is not one

A twenty per cent reduction on a card that was set with discounting in mind is not a reduction. It is the price, arrived at theatrically.

Clients know this, which is why rate negotiations in mature relationships are increasingly about mix, caps and fixed fees rather than percentages.

Firms that still treat the card as a starting position in those conversations are negotiating against an instrument the other side stopped believing in some years ago.

What a client can ask for instead

An estimate with its staffing assumption stated. A cap. A fixed fee for a defined piece. A blended rate.

Each of those prices the thing the client is buying rather than the firm's internal unit, and each transfers a different risk.

The internal figure that matters

Collected fee divided by hours worked, by matter type. What an hour actually realised, as against what it was listed at.

Firms that calculate it find the gap between card and realisation is wider than the discounts they believe they have given, because the unrecorded time and the draft-stage reductions are in there too.

Publishing the card

Some firms publish rates; most do not. Where rates are effectively public through panel appointments and tenders, declining to state them achieves nothing.

The case for stating them plainly is that it moves the conversation immediately to mix and arrangement, which is where it was going anyway.

The honest summary

The rate card is the part of pricing that is visible and agreed, and it is not the part that determines the bill. The staffing decision is, and nobody signs anything about it.