Block Billing: What Clients Reject and How to Prevent It at Entry

Billing complianceThe Hourglass Team
Two paper sheets bundled by a deep-teal band.

Block billing generally means combining multiple tasks or activities under one time charge without enough allocation for a reviewer to evaluate the work. That is a useful starting definition, but it is not a universal billing rule. The engagement terms and outside counsel guidelines for the client and matter control.

Some guidelines require a separate line for every discrete task. Some permit several tasks in one line if the time for each is itemized. Others tell counsel to group very short tasks inside one minimum billing increment. Preventing block billing therefore requires more than splitting every sentence at the word “and.” A firm needs an accurate record of the work, the applicable client rule, and a timekeeper who can approve the final allocation.

Why reviewers object to block-billed entries

Consider this entry:

Review discovery responses, draft motion to compel, and confer with client regarding discovery strategy: 2.8 hours.

The narrative identifies useful work, but the aggregate duration conceals how much time belonged to each task. A reviewer cannot readily assess whether the motion took 20 minutes or two hours, whether the client conference was brief, or whether the activities should carry different codes. That can make it harder to evaluate the necessity, staffing, coding, and reasonableness of the individual work.

The problem is the lost allocation, not the number of verbs. “Review authorities and draft argument” may describe related steps in one legal task. “Draft motion and attend unrelated status conference” more clearly combines distinct work. Punctuation alone cannot reliably resolve the difference.

A guideline may specify the consequence of getting this wrong. The New Jersey Division of Law’s outside counsel guidelines, for example, say each invoice line should reflect a discrete task and that grouping activities under one charge causes the line to be disapproved, subject to documented advance waivers in appropriate circumstances. That is a rule for work governed by those guidelines, not evidence that every client treats every combined entry the same way.

Client rules differ in important ways

Public guidelines illustrate why a generic “one activity per line” policy can be too simple.

Source What its published rule requires Practical implication
FDIC Outside Counsel Deskbook, section 8.2 Different activity types should not be combined under one charge, but multiple tasks may appear in one entry when the time for each task or category is itemized in parentheses Multiple tasks in one line are not automatically an impermissible block under this rule
New Jersey Division of Law outside counsel guidelines Each line should reflect a discrete task; grouped activities under one charge are disapproved, with a process for documented advance waivers Separate task lines are the default presentation
Berks County outside counsel guidelines Time for each activity is separately stated, but multiple tasks completed in six minutes or less are grouped in one 0.1-hour charge Mechanical splitting could create several minimum charges where the client directs counsel to use one

The Association of Corporate Counsel’s sample billing guidelines offer another useful reference, but a sample policy is still a template. It does not replace a particular client’s agreed terms.

The safest operating rule is straightforward: identify the authoritative guideline for the client and matter, interpret it with the firm’s billing professionals, and preserve enough information to apply it honestly.

Four entries that look similar but are not

The same underlying work can produce different billing records depending on the available evidence and governing instruction.

1. Distinct tasks with one aggregate duration

Review medical records; prepare deposition outline; call expert regarding causation: 3.4 hours.

Under the public guidelines above, this is the clearest block-billing risk. There is no way to tell how the 3.4 hours were distributed. Replacing the semicolons with full stops would not solve the missing allocation.

2. Distinct tasks with supportable separate entries

  • Review medical records relevant to causation: 1.6 hours.
  • Prepare deposition outline addressing treating-physician testimony: 1.3 hours.
  • Confer with expert regarding causation opinions: 0.5 hours.

This is the strictest common presentation, but the numbers must come from the work record and the timekeeper’s review. Software should not invent plausible durations merely to make the lines add up.

3. Multiple tasks with allocations in one line

Review medical records relevant to causation (1.6); prepare deposition outline (1.3); confer with expert regarding causation opinions (0.5): 3.4 hours.

The FDIC example expressly permits itemized allocations in one entry in specified circumstances. Another client’s rule may still require separate lines. The format is compliant only when the controlling instruction allows it.

4. Several tasks inside one minimum increment

Suppose two brief, related actions together take less than six minutes. A guideline like Berks County’s may direct counsel to group them into one 0.1-hour charge. Creating two 0.1-hour entries could overstate the elapsed time and conflict with that instruction. Minimum increments are not a license to multiply charges.

These examples also explain why a post hoc sentence splitter is not enough. Once three activities have been flattened into one 3.4-hour total, grammar cannot reconstruct the truthful allocation.

Why block billing forms

Block billing often begins before the narrative is written:

  • Delayed reconstruction. A timekeeper rebuilding a day from memory may remember the major work but not its transitions and durations.
  • Work spread across tools. Research, document drafting, email, meetings, and notes may all support one task or several unrelated tasks.
  • Ambiguous boundaries. A document review followed by an email about that document may be one task, while an interruption for another matter should remain separate.
  • Minimum increments. Timekeepers may over-split small activities or combine larger ones without checking the client’s rule.
  • Copied narratives. Reusing a familiar description can hide how today’s work was actually performed.
  • Unconfigured software. Automatic grouping without the client-and-matter rule can over-aggregate work; indiscriminate activity logging can over-fragment it.

The durable solution is to preserve task-level evidence while the work is fresh, then assemble it according to the governing billing unit.

Prevent the problem while the entry is drafted

A practical entry-time workflow has six steps:

  1. Preserve the work record. Retain enough context about task transitions, matter associations, and durations to support a later grouping or split.
  2. Resolve the client and matter. A correct narrative under the wrong client’s rule is still a compliance problem.
  3. Apply the approved rule. Determine whether the instruction requires separate lines, permits allocated tasks in one line, or includes a minimum-increment exception.
  4. Explain the issue. A flag should identify what appears combined and why the applicable rule matters, not merely announce “block billing.”
  5. Propose, then verify. Suggested entries and allocations should be checked against the evidence. When the allocation is unknown, the timekeeper must reconstruct and verify it rather than accept fabricated precision.
  6. Require human approval. The timekeeper or authorized reviewer remains responsible for the duration, narrative, matter, codes, and final release.

This moves useful correction earlier without pretending that every captured activity is billable, necessary, properly staffed, or reasonable.

Where Hourglass fits

Hourglass helps firms apply supported entry-level controls while the work is still close at hand. A firm can upload an outside counsel guideline and turn it into proposed rules, but a person must verify and approve those rules before activation. Approved rules can operate at firm, client, or matter scope.

For supported requirements such as block billing, narratives, increments, prohibited activities, and task or activity codes, Hourglass can explain a problem and suggest a correction. Administrators determine whether a rule warns or blocks. The timekeeper can inspect and edit the draft, and no entry reaches the billing system without explicit human approval.

Those are entry-level controls, not an invoice-wide compliance guarantee. Hourglass does not test expenses, rates, budgets, negotiated exceptions, or conditions that require cross-entry, matter-wide, invoice-wide, or historical analysis. It sends approved entry data to supported billing systems; it does not assume that downstream deductions or appeals return as structured data. See the broader billing-compliance workflow and billing-system integrations.

An entry-time checklist

Before approving an entry that describes several actions, ask:

  • Which engagement term or client guideline governs this matter?
  • Are these distinct legal tasks, or related steps in one task?
  • Is each stated duration supported by the work record?
  • Does the rule require separate lines or permit allocations in one line?
  • Does a minimum-increment, related-task, or documented exception apply?
  • Are the client, matter, narrative, task code, and activity code correct?
  • Has the timekeeper reviewed and approved the result?

When evaluating software, ask it to demonstrate these cases with the firm’s own guidelines. Look for source-linked rules, client-and-matter scope, explainable warnings, realistic exception tests, timekeeper control, and predictable export behavior. Also test false positives: a system that flags every conjunction will create noise rather than better records.

The goal is a reviewable record

Block-billing prevention should not maximize invoice-line count or disguise work to evade review. It should preserve a faithful account of what happened, allocate time only when the evidence supports it, apply the client’s actual rule, and resolve uncertainty while the timekeeper can still do so accurately.

Court-reviewed fee applications are a separate context. Decisions such as Freidman v. Yakov and Arbor-Myrtle Beach PE LLC v. Frydman illustrate that block billing does not always compel a categorical fee reduction when a court can evaluate the work. Those decisions do not override an agreed client guideline.

Firms should consult their engagement terms, outside counsel guidelines, billing professionals, and appropriate legal or ethics advisers when deciding how a particular entry should be presented.

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