62. The Flat Fee Mindset with Brita Long

How much time do you spend tracking your hours? What if you could increase your profitability, reduce stress, and provide better client service—all without billing another minute? The hourly billing model isn’t the only way to run a successful law firm. In this episode of Financially Legal, host Emery Wager sits down with Brita Long to explore the mindset shift required to transition to flat fee legal services.

The History of Hourly Billing—and Why It’s Not the Only Way

Most lawyers assume hourly billing has always been the industry standard. But Brita Long, a longtime attorney and expert on flat fee pricing, explained that this model is relatively new.

For so many years, lawyers were paid via flat fees—until the 1960s, when the insurance industry pushed for hourly billing to measure efficiency. Large firms adopted it quickly, and the American Bar Association followed suit, making hourly billing the dominant structure. But Brita argues that returning to flat fees isn’t a radical idea—it’s simply going back to what worked for centuries.

The Mindset Shift: Overcoming Scarcity Thinking

Transitioning to flat fees requires more than just changing your pricing—it demands a shift in how attorneys think about money and their value. Many lawyers have a conflicted relationship with money, often believing they should sacrifice financial success in order to help clients. Brita pushes back on this mindset:

• Struggling financially doesn’t help anyone—not the attorney, their family, or their clients.

• Clients prioritize what they value. Many who claim they can’t afford legal fees will still spend money on new cars or vacations.

• The most successful attorneys recognize that they provide immense value and aren’t just selling their time.

Attorneys who struggle with setting profitable flat fees often believe that charging more is unethical. But Brita has seen firsthand how reframing pricing as an investment in client outcomes changes the game. When attorneys confidently charge flat fees, they experience less stress, work fewer hours, and serve clients more effectively.

Why Flat Fees Work—Even for Complex Cases

One common objection to flat fees is that they don’t work for unpredictable legal matters, such as litigation or family law disputes. But Brita argues the opposite—complex cases are often easier to price with flat fees because they involve defined phases.

Take a major litigation case: Instead of billing hourly, firms can charge a set fee for each phase (e.g., discovery, motions, trial preparation). Many corporations already use this approach, paying large firms an annual fee regardless of the number of cases they handle. The key is structuring fees based on the value provided, not the time spent.

Making the Shift: Where to Start

For attorneys ready to embrace flat fees, Brita recommends starting with:

1. Mindset Work – Recognize that your time isn’t your only value. You’re selling expertise, results, and peace of mind.

2. Small Changes – Start with one practice area or service and experiment with flat fees.

3. Strategic Pricing – Set fees high enough to reflect your expertise and provide flexibility for unexpected challenges.

4. Clear Client Communication – Help clients understand what’s included in their fee and why it benefits them.

Brita also encourages attorneys to connect with resources like The Happier Attorney, her book on flat fee pricing, and to explore communities of lawyers successfully using flat fees.

The Future of Law Firm Pricing

Hourly billing has dominated the legal industry for the past 50 years, but flat fees are making a strong comeback. With advances in technology and shifting client expectations, more firms are realizing that predictability and efficiency lead to better business and better client relationships.

For those who think flat fees won’t work in their practice—history says otherwise. Lawyers have successfully used flat fees for thousands of years. The question isn’t whether it’s possible—it’s whether you’re ready to embrace the change.

Going Further

If you want to learn more or connect with Brita Long, visit her website at happierattorney.com or connect with her on LinkedIn. To explore more conversations at the intersection of finance and the business of law, follow Confido Legal on LinkedIn and listen to upcoming episodes of Financially Legal.