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Robert C. Dortch, Jr. | Sellers Hinshaw Ayers Dortch & Lyons PA | Charlotte

Tom Boyle
tom@trustbooks.com
www.trustbooks.com
Tom Boyle is Co-Founder of TrustBooks, web-based software for managing trust activity in compliance with state bar requirements. TrustBooks is simple and intuitive, so trust accounting isn’t intimidating. Prior to TrustBooks, Tom owned Boyle CPA, a CPA firm that provided accounting and consulting services to small businesses with a focus on law firms. TrustBooks offers a 30 day free trial at www.trustbooks.com.
Taking Steps Today for a Better 2016
I spent the week between Christmas and New Year’s doing a thorough review of the past twelve months. Not exactly the most exciting way to spend a week that should be filled with family and friends. My 2015 did not end as strong as planned, and I wanted to do a deep dive to understand why. I put the following questions on the table: did I reach my financial milestones, is my business in a better position today than it was 12 months ago, and did my business allow me to reach my professional and personal goals?
Each question and subsequent answer warrants its own article. Here, I’m going to focus on the financial question – did I reach my financial milestones? On the financial side, your results can be broken down into two simple categories: money coming in the door (ie – revenue) and money going out the door (ie – expenses). For me, I took the hardest look at my costs. I knew the most immediate impact I could have on improving my firm’s financials is to take action on reducing the money going out the door.
When I looked at my costs, I found that I had two charges hitting my credit card every month for services I did not use. Shame on me for not uncovering this earlier, but this can easily happen when you’re consumed with managing the day to day operations of your practice. These charges were hitting my card for the past nine months and totaled $600. This hurt. Discovering the $600 overpayment created immediate motivation for me to take action, and I cancelled both services.
The next cost that I looked at was my internet charges. I need internet, so I expect some cost for this service. However, the monthly costs looked high. I was charged $190 per month on internet service. I have no basis for knowing if this is reasonable or not, but my gut told me it was high. Based on my gut intuition, I called my cable company to get a better understanding of my monthly invoice and inquire about a better deal. Within twenty minutes, I negotiated my bill from $190 per month to $115 per month. Savings of $75 per month or $900 per year. I felt like I transformed from a CPA to a master negotiator, but the real trick was simply making the call. Once I made the call, I asked for specials and bluntly asked for a reduced rate. They wanted me to sign on for another two year contract to get the special pricing. I was willing to accept this tradeoff in exchange for savings of $900 per year.
These two examples lead to the next part – developing a budget and creating systems to utilize the budget throughout 2016. If I had the discipline and the right systems in place throughout 2015, I would have identified these high costs and recognized cost savings a lot sooner. Here are the steps I am taking to ensure my past mistakes are not repeated.
I start by reviewing the presentation of my financials. Are my financials presented in an easy to read format where I can quickly gain value from them? I want a simple chart of accounts. If I’m a small law firm, my chart of accounts should not include hundreds of accounts. This invites complexity into the accounting system. Follow the rule of less but better.
Next, create the budget. I begin by projecting what each month should look like. For revenue, adjust for any anomalies in the prior year and any known changes over the upcoming year. On the cost side, I should be able to predict what my expenses will be each month. I start with an independent calculation as opposed to beginning with last year’s numbers as a baseline. For most of my costs, I can predict what the monthly expense will be. For example, I can accurately project what my payroll costs will be based on my staff’s salary and payroll taxes. This holds true for other consistent costs like rent, internet, phone, professional liability insurance, etc. I know what my invoices are each month, so I create the budget to reflect my actual invoices. Then, I compare these numbers to my actual results from last year. Where am I high or low? Do my independent predictions match my results from last year? If they don’t, I need a better understanding of my actual results from last year and determine if I need to adjust the budget.
The final step is developing a system and execution plan for 2016. I’ve spent time reviewing my chart of accounts and developing a budget. How do I take this work and make it meaningful? I want a system and routine where I compare my actual results against my budgeted projections. I want to work with my accounting team or accounting software to incorporate these reports in my month-end process. It’s a matter of discipline to review each month. Establish a threshold where any variance outside the threshold warrants investigation and action. If I had this system and routine throughout 2015, I would have saved myself $1,500.
It’s easy to discuss this in theory. The challenge is to take a few hours today so your goals are reached by December 2016. This is always about forward looking. There’s nothing I can do about the past. It’s time to take action today to have a successful 2016.
Have you found yourself stuck or at a loss for words when trying to explain your trust account to clients? Especially trying to explain the trust account in terms your clients will understand (i.e., non legalese talk)?
As lawyers, you have lots of resources and CLE’s available to you to help build an understanding of your trust account and the rules and regulations behind managing your trust account. It’s your professional responsibility to have an understanding of trust accounts. What about your clients? Chances are, you’ve lost them the second you mention retainer and trust accounts. Wouldn’t it benefit you to offer a layman’s explanation of a trust account? Wouldn’t it add to the client relationship to build better transparency into the flow of cash? After all, your clients could be paying you a big pile of cash as a retainer, and they would love to know what happens with their cash.
Here are some talking points to help you explain trust accounts to your clients… in terms they can understand:
Definition: A trust account is a special bank account that a lawyer must maintain when the lawyer receives and holds money on behalf of the lawyer’s clients or third parties.
Why Does a Lawyer Have a Trust Account? A lawyer takes on the role of a fiduciary when representing a client. A fiduciary has a high level of responsibility to the person he or she represents. In this role, a lawyer may receive funds that belong to a client or third party. To reduce the risk of the lawyer using that money incorrectly, the lawyer must place it in a trust account. The lawyer does not put this type of money in his or her personal bank account.
Key Features of the Trust Account:
- A lawyer may not comingle or mix any personal funds with funds received in the lawyer’s role as a fiduciary on behalf of a client or third party. The trust account prevents comingling of different types of funds.
- A lawyer must maintain a separate client ledger for each client who has money in the lawyer’s trust account. At any time, a client can ask to see his or her specific client ledger. The client ledger shows all transactions that flow in and out of the lawyer’s trust account for that specific client. At a minimum, a lawyer must send each client that client’s ledger once per year or as soon as all of that client’s money held in the trust has been distributed.
- The NC State Bar provides comprehensive rules and regulations to guide lawyers and ensure that proper records are kept of money in a lawyer’s trust account. The NC State Bar enforces these rules and regulations. A violation could result in disciplinary action by the NC State Bar. On a quarterly basis, the NC State Bar randomly selects 60 lawyers to audit and examines their trust accounts. The random audits encourage all lawyers to comply with these trust account rules and regulations.
- Lawyers cannot keep any interest earned on funds held in a general trust account. All interest earned by a trust account is remitted to the NC IOLTA program. IOLTA is a non-profit program that funds the provision of civil legal services for the indigent and sponsors other programs that further the administration of justice.
Next time you find yourself explaining the trust account to your clients, use these talking points. Building transparency by providing a simple explanation of your trust account will benefit your relationship with your clients. Your clients will appreciate your effort to explain, in a clear and simple way, what happens to their payments.
TrustBooks has created a free one page document that you can send to your clients to explain the trust account. To download this document, click here.
At the end of every quarter, the NC State Bar requires that “the individual client balances shown on the ledger of a general trust account must be totaled and reconciled with the current bank statement balance for the trust account (Rule 1.15-3(d)(1)).” This reconciliation process is one of the more important aspects of adhering to the rules on trust accounts. It is also one of the steps that attorneys frequently fail to follow when trying to comply with the NC State Bar’s rules on maintaining trust accounts.
Let’s break this rule down and walk through an example, at a very high level, of what the quarterly reconciliation process should look like. There are three components to the reconciliation process: the trust ledger, the client ledgers, and the trust bank statement. A firm’s internal recordkeeping system should track the trust ledger and client ledgers. The trust ledger shows all the trust activity flowing in and out of a trust account. This ledger gives the lawyer a summary of all of the transactions from that trust account. By taking the trust ledger a step further and assigning each transaction to a specific client, the lawyer creates the client ledgers. Client ledgers group all the trust activity associated for a specific client. The final component of performing a trust reconciliation is the trust bank statement that is generated by the bank where the trust account exists. This statement provides third party verification of transactions posting to a trust account. On a quarterly basis, the NC State Bar requires a lawyer to reconcile the trust bank statement with the client ledgers.
Here is an example: assume that a lawyer has three clients with balances in a trust account as of September 30, 2014. The lawyer should have three separate client ledgers tracking the cash inflow and outflow for these three clients. At quarter-end, the lawyer will add up the three client ledger balances and reconcile these balances to the bank statement for the trust account.
Switching to the trust bank statement, a lawyer should start with the ending balance on the trust bank statement and adjust this balance for transactions that have occurred, but have not yet cleared the trust bank statement. An example of a transaction that has not yet cleared the trust bank statement would be a check written and sent to a payee prior to that month’s end, but the payee has not deposited the check prior to that month’s end. The check should have been recorded in the client ledger activity, but would not have shown up on the trust bank statement yet. In a situation like this where an action has occurred but has not yet registered in the bank’s system, the lawyer needs to make an adjustment to reconcile the item against the ending balance reflected on the trust bank statement. Below is an illustration of how the trust reconciliation should look:
QUARTERLY TRUST RECONCILIATION EXAMPLE |
||||
Bank Activity: |
Client Ledger Activity: |
|||
Bank Balance @ 9/30/14: |
$1,460.00 |
Client XX Balance @ 9/30/14: |
$750.00 |
|
Client YY Balance @ 9/30/14: |
$110.00 |
|||
Reconciling Items: |
Client ZZ Balance @ 9/30/14: |
$400.00 |
||
Plus: Deposits in Transit |
$0.00 |
|||
Minus: Outstanding Checks |
($200.00) |
|
||
Adjusted Bank Balance @ 9/30/14: |
$1,260.00 |
Total Client Balances @ 9/30/14: |
$1,260.00 |
*Note: In this example, the Trust Ledger Balance at 9/30/14 is not shown. The assumption is that the Client Ledger Balances at 9/30/14 and the Trust Ledger Balance at 9/30/14 match. This assumption is made to meet the NC State Bar’s Three Way Reconciliation requirement.
While this may look straightforward, many attorneys fail to properly perform this step on a quarterly basis. The NC State Bar only requires that a lawyer perform this level of in-depth reconciliation on a quarterly basis. On a monthly basis, the NC State Bar requires “the balance of the trust account as shown on the lawyer’s records shall be reconciled with the current bank statement balance for the trust account (Rule 1.15-3(d)(1)).” The difference between the monthly and quarterly requirements is the level of detail. On a monthly basis, a lawyer needs to reconcile the trust as a whole or at the trust ledger level. On a quarterly basis, a lawyer needs to reconcile the trust down to the balances in the client ledgers. My recommendation is that a lawyer should use software and develop processes where they reconcile down to the client ledgers on a monthly basis. If it is properly established, this process requires very little, if any, extra time to perform and could potentially prevent a great deal of stress.
Starting a new firm? Check out TrustBook’s New Law Firm Checklist at www.trustbooks.com/newfirm.
One of the more common questions that I’ve fielded when working with solo practitioners and other small business owners is the mileage deduction question. Somewhere, someone has whispered into all these aspiring business owners that the best part of running your own business is the ability to deduct everything – especially your vehicle costs! In the words of Lee Corso, “Not so fast, my friend.”
Yes, there are definitely rules that allow for the deduction of your vehicle costs, but you want to develop clear processes and guidelines that follow the IRS rules because this is one of their favorite areas to scrutinize when reviewing your tax return. The information below is intended for those that do not use their vehicle entirely for business purposes. If you use your vehicle entirely for business purposes (and yes, the IRS will make sure that it is 100% for business purposes), then you get to deduct all the costs associated with that vehicle. For those that use your vehicle for both personal and business purposes, here’s how to calculate your vehicle deduction:
Step 1: Determine the portion of your vehicle usage that is for business purposes.
- You are using your vehicle for business purposes if you drive your vehicle from your office to another office or work site location to meet with a client or attend a work related event.
- In most cases, daily transportation costs cannot be deducted. For example, driving from your home to your office would be considered a daily transportation cost and would not be eligible for deduction. The two exceptions to this rule are the following: (1) you have one or more regular work locations away from your residence or (2) your residence is your principal place of business and you incur expenses going between the residence and another work location in the same trade or business, regardless of whether the work is temporary or permanent and regardless of the distance.
Step 2: Calculate your vehicle deduction using either the actual cost or standard mileage rate methodology.
- Actual costs: You have the ability to deduct the pro rata portion of your actual vehicle costs. Vehicle costs that qualify for deductions include the following: depreciation, licenses, lease payments, registration fees, gas, insurance, repairs, oil, garage rent, tires, tolls, and parking fees. In this method, you add up all the qualifying costs and allocate those costs between business and personal use. For those costs allocated to business usage, you get to take these as a deduction. For example, assume you had $8,500 of qualifying costs during the prior year, and you drove your car a total of 11,000 miles. Of the 11,000 total miles, 5,000 miles were considered for business use (as determined in Step 1). The amount of actual costs you could deduct would be $3,863.63 [(5,000 business miles / 11,000 total miles) x $8,500 of qualifying costs].
- Standard mileage rate: A shortcut to the actual cost methodology is to take the standard mileage rate deduction. The IRS calculates a standard mileage rate each year based on the fixed and variable costs to operate a vehicle. In 2014, the standard mileage rate is $.56. This methodology simply calculates the miles driven for business purposes (as determined in Step 1) and multiplies by the standard mileage rate. Going back to our example, you drove 5,000 miles for business purposes in the previous year, then your vehicle deduction would be $2,800 [5,000 business miles x $.56 standard mileage rate].
Helpful Hints:
- If you want to use the standard mileage rate deduction, you must choose this methodology in the first year the car is available for use in your business. You can only choose one methodology during the course of a year.
- Maintaining complete, accurate, and timely records will reduce any issues with the IRS. The IRS will typically take a detailed look at transportation costs when analyzing a business tax return, so it’s recommended to be proactive in maintaining good records for your vehicle deductions.
- For an easy to use template for tracking and calculating your vehicle deduction, use the Standard Mileage Reimbursement spreadsheet at www.trustbooks.com/mileage.
- For the authoritative guidance on vehicle deductions, go to IRS Publication 463.
TrustBooks Practical Tips:
- Use the standard mileage calculation. The actual cost methodology sounds great in theory and could yield you a larger deduction (this would need to be evaluated on a case by case basis), but the time and headache to track the actual cost methodology is not worth the potential savings. You need to be extremely organized and have a lot of free time on your hands to justify the use of the actual cost methodology over the standard mileage rate calculation.
- Keep an organized and complete calendar with all your meetings. If you’re like me, you will never be able to update the Standard Mileage Reimbursement spreadsheet in real time. By having a complete calendar with some minimal information on your meetings, like meeting location and meeting attendees, you can go back and calculate your vehicle deduction at your leisure.
- Cut yourself a physical check for your vehicle deduction on a monthly basis. For example, complete the Standard Mileage Reimbursement spreadsheet each month and write a check for the Total Reimbursement owed. A couple of reasons why I recommend this: 1) This will show up in your financials as an expense which will allow you to see it more visibly when reviewing your financials as opposed to a tax adjustment and 2) everybody loves to get a little cash going into their personal bank account!
Tom Boyle is a Co-Founder of TrustBooks, cloud software created to help attorneys manage, record, and reconcile their trust accounts. Prior to TrustBooks, Tom owned Boyle CPA, a CPA firm that provided accounting and consulting services to small businesses with a focus on law firms. For additional resources on managing and understanding your trust account, join the TrustBooks mailing list at www.trustbooks.com.
This just in: budgets are not exciting. I concede that your budget and the budgeting process are not the most stimulating part of running your law firm. Nevertheless, the budgeting process can – and should – be an excellent tool to help reveal financial truths about your firm from the past while simultaneously allowing you to set goals and expectations for the coming year.
There is no standard, universal method for creating a budget. Each firm should create its budget through a combination of art and science to meet its own unique objectives. Here are a few suggestions for high-level steps that you can use when creating a budget for your firm.
- Step 1: Develop a baseline of your firm’s financial information to use as a starting point. I typically take the year-to-date actual results and divide by the number of months in that period. For example, if I were developing a baseline for a budget today, I would use my actual income statement for the year-to-date October 31, 2012, and divide by ten months. That number would be my monthly average to use as my baseline.
- Step 2: Determine your objectives and goals for the budget. Generally, you can take an aggressive, conservative, or realistic approach to creating your budget. In an aggressive approach, you assume that your firm would earn higher revenue and lower expenses which would paint a rosy scenario of your firm’s expectations. A conservative approach, conversely, assumes lower revenues and higher expenses than you anticipate or typically realize. A realistic approach falls somewhere in the middle of an aggressive or conservative approach and should mirror what your actual results have been and probable results will be. I typically use a realistic approach so that any significant variances between my actual results versus the expected numbers from the budget identify potential problems.
- Step 3: Make informed, logical adjustments to your baseline numbers. In my example in Step 1, I used the year-to-date monthly average as my baseline numbers. In this step, I would analyze my year-to-date financials and strip out nonrecurring or abnormal activity. This helps to explain how your firm actually performed over the past year and how you might need to adjust either behaviors or expectations going forward. For example, if you expected your firm to spend $750 per month on legal research costs but your average monthly cost over the past ten months is actually $1,500, then the budgeting process has highlighted a major discrepancy in your expectations versus reality. Either your expectations were off or your firm’s behavior is off. Either way, your firm has been spending more than you expected on this item. In any event, you have identified a potential problem using your baseline numbers, and you can either adjust your budget to reflect reality or try to change your firm’s behavior.
- Step 4: Make adjustments to your baseline numbers based on expectations of future events. This step is obviously somewhat speculative. How can you predict what will happen 10 months from now, when you don’t know what will happen next month? While this is true, you can accurately predict changes for some fixed costs. For example, most office space leases have annual escalators. You can include this rent escalator in your budget. Remember, your budget should be a well-reasoned estimate of what will happen in the future. While you cannot absolutely predict the future when engaging in the budgeting process, that should not stop you from engaging in logical or calculated predictions to plan for the future. Don’t let an unattainable 100% perfect solution defeat a sensible 80% solution.
- Step 5: Develop and implement a regular process for creating your firm’s budget that repeats annually. Your firm needs to document their budgeting process. This may take a bit of extra time in the first year of its implementation, but your firm will become much more efficient and create a much more consistent budget from year to year if the processes are defined, documented, shared, and followed.
Remember that a budget is meant to be useful and used. So you should pick it up at least once a quarter, if not monthly, and compare how your firm is actually performing to how you expected it to perform.
In this, the season of budgets, my final words of advice are: conceptualize, create, collect, analyze, adjust, improvise, and prosper.
Tom is the Founder and President of Boyle CPA, PLLC and Boyle Recruiting, LLC. Boyle CPA provides accounting and consulting services to small and mid-sized business with a focus on law firms. Boyle Recruiting performs recruiting services for all positions in the legal industry. Visit www.boyle-cpa.com and www.boylerecruiting.com for more information.