- incur the liability for disbursements on behalf of their clients,
- can be dealing with fledging and start up organisations who often have their own survival issues
- deal with foreign associates who expect long trading terms and work outside of the firm’s jurisdiction!!
One way of managing the cash flow with local or direct clients is to obtain funds in advance from the customer, before the work is done. This could be in the form of obtaining a deposit before performing a broad range of activities or asking for a specific amount to cover a specific activity eg. payment of registration fees to obtain the certificate.
In the first instance the customer is required to provide cash in advance because a large amount of expenditure will be necessary, eg. a large multi-country protection of a brand, and the provision of cash is based upon the size of the project, the goodwill of the client and the commercial need to cover the outgoings. In the second instance, the attorney has more leverage, in that the payment is necessary to finalise the entire filing process.
Inprotech has one major way to handle these situations: prepayment processing. Another way for the second instance is billing in advance but I will talk about that in another article.
A prepayment is where the client pays funds in advance of receiving an actual invoice. The money is receipted into the business and recorded as a special form of unallocated cash, classified in the system as a prepayment.
These funds can then be marked for different types of use. For example, it may be only for patent cases or for trademark cases, for renewals work or non-renewals work, or for a specific case or set of cases. Alternatively, the sum of money can be just allocated to the client and therefore available for use against any piece of work for the client.
The definition of the funds as a prepayment as opposed to unallocated cash means that the money become available to be applied to the invoice during the billing process. This is done via the Apply Credits button that will become enabled when funds are available for a case being billed.
A list of prepayments will be shown that match the attributes of the case as defined against the prepayment above eg. if the prepayment has been allocated for patent work and the case is a trademark case the item will not be available to apply to the invoice.
Once the amount is selected (and the invoice is finalized) the cash will be accounted for correctly in the Accounts Receivable ledger, if you are using this, and, presuming the invoice format has been set up correctly, shown on the bill. Total Due less Prepayments Applied equals Total Now Payable. If the prepayment has been applied to the entire invoice then a zero bill will be created.
Various site options apply to the use of prepayments. There is one that provides for a warning to be shown if prepayments are to be applied during the billing and another that checks total WIP for a case against prepayments available and warns if the total exceeds the amount during the time and disbursement recording process. In this way prepaid work for the client can be monitored as the work is being performed rather than waiting until the billing process to find out that all prepaid funds have been expended.
A particularly interesting site option is AR for Prepayments (or something like that!). This allows prepayment functionality to be implemented where the firm doesn’t have a license for the Accounts Receivable module, although you obviously need a license for the Billing module. When this option is set to true a limited form of the Accounts Receivable program becomes available. All functionality, outside of recording receipt information for prepayment processing, is disabled.
The other areas that prepayment information is shown is on the WIP tab in the Cases program, where totals amounts for the case and debtor are shown as well as the Professional WorkBench against the client record and the case record. I think it can also be available for the client to see in the Client WorkBench but don’t quote me on that one. That’s a whole other set of decisions anyway.
The last area that needs consideration for prepaid funds is what I will call “proforma invoicing”. Occasionally, a client may require an actual invoice of some form before they will release funds. This could be because they believe that the tax regime requires an invoice or simply that their internal processes require a piece of paper.
In this instance you cannot raise an invoice (even one in advance) through the system because that will create revenue and debt that needs to be paid. What needs to be done is the creation of a proforma invoice through word processing. This is a piece of paper that looks like an invoice with the amounts and tax applicable (if necessary) but it not a financial document from the accounting systems standpoint.
If you are doing a lot of these it is probably makes sense to create a PassThru template for the sake of efficiency and consistency. I would also recommend some sort of numbering system and register to tracking the proforma invoices sent to clients. Probably easiest to do this manually although if you are database savvy it is relatively simple to set up some SQL to generate the next proforma invoice number (and create and monitor the register) via Docitems and PassThru.