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- Q— Our firm is already subscribed with the FDIC's electronic billing contractor, Wolters Kluwer. Does our firm need to provide the FDIC with Timekeeper IDs?
A— Firms already subscribed for electronic billing with Wolters Kluwer do not need to send the FDIC any Timekeeper IDs, because we already have them, unless you are adding a new provider, updating a provider’s name or rate, or removing a provider. Only firms submitting paper invoices or those not registered for E-billing with Wolters Kluwer need to supply the FDIC with Timekeeper IDs and should do so at once if they have not yet replied. The web link and contact information are provided below in the answer to Question 2. - Q— Our firm does not have any active cases at this time but has done work for the FDIC in the past. . We are not currently subscribed with Wolters Kluwer, the FDIC's electronic billing contractor. Do you need the Timekeeper IDs now, or should we wait until we receive a referral?
A— Please send them in now. Under ALIS (the new FDIC system, the Advanced Legal Information System), the Legal Division requires Timekeeper IDs from all firms that have a Legal Services Agreement, including those that use monthly paper invoice submissions and those that may later upgrade to electronic billing.
Currently, most forms must be mailed in to the Legal Division with original signatures. To easier collect the Timekeeper IDs from firms that have a current Legal Services Agreement, we are making a limited exception and accepting the updated Rate Schedule forms through Legal Services and Special Contracts Group mailbox, LSSCG@FDIC.gov. The web link for the correct, updated Rate Schedule Form is: https://www.fdic.gov/formsdocuments/f5210-10.pdf (do not use this form to add new billing professionals or to change any current hourly billing rates; see Questions 3 and 4). The form should be printed, completed and returned to us attached to your email response. Q— Our firm has hired new lawyers, so when the FDIC asked for us to supply Timekeeper IDs for all of our billing professionals, I included the new hires on the Rate Schedule form and e-mailed it to the FDIC. Is that okay?
A— In this case you have used the incorrect form. The only acceptable way to add or subtract billing professionals is by completing the Legal Services Agreement Amendment form and obtaining the Legal Division's approval. The exclusive means to submit the Amendment Form is through the Legal Division's DocuSign portal. Paper or emailed copies of the form are no longer accepted except in rare or exigent circumstances and with Legal Division preapproval. Remember that attorneys or other billing professionals not approved by the Legal Division under your Legal Services Agreement may not bill for professional services until the Legal Services Agreement Amendment form is digitally signed by the authorized representative of the Legal Division.Submit a Legal Services Agreement Amendment Form to add or subtract all billing professionals via The Legal Division’s DocuSign Portal.
Questions about completing the DocuSign Power Form should be directed to LSSCG@fdic.gov- Q— When we submitted the Timekeeper IDs on the forms identified in your February 1st letter, our firm performed a few minor adjustments to the hourly rates of our attorneys who have made partner. Can we expect those slight increases to go through your system?
A— No, you will need to resubmit those forms using the hourly rates already agreed to in your firm's current, 2-year Legal Services Agreement with the FDIC. Hourly rates of billing professionals are not subject to adjustment during the 2-year term of your Legal Services Agreement. Any proposed increases in the hourly rates of billing professionals at the time of your renewal must be accepted in writing by senior management of the Legal Division before they become effective. - Q— We are a small firm and have been outside counsel for the FDIC on only a few matters. Our firm has always submitted monthly, paper invoices. Is it mandatory that we subscribe with Wolters Kluwer and use electronic billing under the FDIC's new ALIS system?
A— The FDIC encourages the use of electronic billing, but it only becomes mandatory once your firm bills $100,000 in fees and expenses during your two-year Legal Services Agreement. Please note, however, that Electronic billing presents several advantages over the submission of paper invoices, and we recommend that you consider upgrading. For example, your firm will be able to instantly and securely submit agreed upon case budgets, as well as monthly invoices for your firm's fees and expenses. Invoices will also be easier to locate and track in our electronic system. You may contact Wolters Kluwer, our electronic billing service provider at www.wolterskluwer.com. - Q— Many law firms use the American Bar Association's Uniform Task-Based Management System (UTBMS) codes when assembling their monthly fee and expense invoices. Will the FDIC incorporate or mandate the use of UTBMS billing codes under ALIS?
A— The Legal Division will not mandate the submission of UTBMS billing codes under ALIS. Firms that automatically submit invoices using UTBMS may include the codes with their individual billing entries as long as they are accompanied by an explanatory narrative of the time entry. For additional information on necessary billing detail, see the FDIC Outside Counsel Deskbook, Chapter 8. - Q— Our firm has several professionals whose hourly rates, due to the calculations for FDIC discounts are not in whole dollar amounts. For example, attorney Black bills at $255.50 per hour. Is this okay?
A— No, all time-billers in each outside counsel law firm must have an hourly rate in whole dollars only. Therefore the Rate Schedules or Amendments that each firm completes must contain no decimal/cents in the approved hourly billing rate.