If and when you make the decision to go out on your own, I believe there are essentially 5 "must-bes" for managing your legal practice. Here they are:
First, you must be a good (and fast) researcher.
I'm talking about being able to find information quickly. Whether it's legal information related to a case, or more simple problems, like simple addresses, you have to be able to know where to look for that information, and how to get it quickly.
I remember going to my first summer job after my 1L year in school. My supervising attorney presented me with a question, "How do I get a foreign judgment recognized in Oklahoma?" That was never addressed in my Civil Procedure class (although it's outlined in the Federal Rules and state rules), and I immediately panicked. Unfortunately, my education and my research/writing class hadn't prepared me to answer this simple question. Fortunately, I had Google, which helped unwrap the mystery and provide a quick answer.
Second, you must be techno-knowledgeable.
"Techno-knowledge" isn't about being able to fix and repair your computer or network (although it helps immensely). Techno-knowledge is about seeing and accepting technological enhancements in your legal practice. You can't afford to (and shouldn't), "do it like everyone else." The problem with trying to be like the big firms is that you don't have the capital or ability to support massive, bloated systems.
Techno-knowledge helps you appreciate that there are easier, and less-costly, ways to "do legal business."
For instance, there's an older attorney in my office, who I look up to as a mentor. He's a solo-practitioner who is very knowledgeable about the law. However, this attorney runs his legal practice like computers & the Internet don't exist. He can't fax documents. He barely can send emails, and he still uses standard mail to send materials.
Yesterday, he had a packet of materials he wanted to send to opposing counsel. He weighed the materials, and worked diligently to get them under USPS's 13 oz. requirement. He opted to split the packet into two mailing to save a trip to the post office. I asked why he wasn't faxing the documents to opposing counsel, or better yet, why he didn't send an email. He gave a scoffing laugh at me, and at this suggestion. The truth however was that he would spend more time/money on postage and preparation, than what the documents were actually worth.
Third, you must be aggressive and confident.
If you're solo, then the first thing you'll notice is that the other side may not take you seriously, especially if they're in a bloated big law firm. The other side may, because of your presumed "inexperience," seek opportunities to manipulate you, using your "inexperience" as a supposed leverage. This may get you discouraged. Don't get discouraged!
The truth is, you likely have more authority to decide the case than they do, and to get your client the best deal. The truth is, you're a partner in a law firm. Use this knowledge to bolster your standing at the bargaining table. Moreover, and especially if you're newly minted, let this fact be the mammoth motivator to help harness strength when you feel pressured.
I had a recent experience when I dealt with a big law "Goliath." The lead attorney partner (or more likely the attorney's assistant or associate) missed an important deadline in a litigation case. An associate called my office seeking written authorization to retroactively meet the deadline. I advised the associate that I didn't have a problem recognizing the deadline, and would agree to their correction, if they followed the proper rules of procedure. The associate expressed concerns about having to "follow procedure" rather than "accommodate the other side," and hung up.
Shortly after my conversation with associate, lead attorney partner calls. Lead partner approaches me with associate's proposal. His intent was to bully me because of my "inexperience" and supposed "fear". However, I stated that my client held the "ace-in-the-hole," and that his client missed an important deadline. I would be fine addressing any concerns about my demand to follow procedure with the judge, but I was confident the attorney didn't want to argue that issue. After a short silence, big law lead attorney relented.
Fourth, you must be humble and teachable.
Recognize your limitations now, even the small ones. Those limitations soon become huge obstacles. If you can't type well, hire someone (a virtual assistant is a great option) to help you. If you have a hard time speaking in public, learn. Your inability, even small, to do something can hinder your overall performance.
I have a hard time with procrastination; I know, it's a weakness for a lot of people. Therefore, unless I correct the poor behavior, such as setting daily goals and making to-do lists, I'd have too much to do, and never get anything done.
In the same sense, if you're really good at something, there's no need to let the world know. The thing I learned quickly in law school was that no matter how intelligent I was, someone else was better.
Take an opportunity to use your weakness or strength to help build your abilities or someone else.
Fifth, you must be appreciative and optimistic.
Take a minute to recognize that you're doing what you love to do, with as much freedom and opportunity as you can muster. Appreciate the blessing you have everyday. Have optimism that you're heading in the right direction, and are achieving goals. If you can't be thankful for where your life is, then you certainly need to evaluate.
I love what I'm doing. I am getting the fulfillment of life that I desire. I remember trudging through undergraduate jobs hating everyday I worked there. I remember dreading Sunday because that meant Monday, and my disgusting job, followed. I recently read a friend's Facebook status update that said, "There should be a 3rd option when asked if you want to log off that says, 'Hell yes.'" Don't be that person.
You must examine your life and appreciate your situation. I've found that it's much easier to resolve difficult problems when I appreciate the challenge, and become optimistic about resolving the issue.
Finally, you must always be honest.
This is the general caveat for the legal practice and for life, but specifically for you. Commit now that you will be honest to yourself and everyone else. I adhere to the philosophy that there's no great honor to have one's honor.
You will achieve more in your professional and personal life if you are honest, than you will by lying. Nobody likes to be lied or conned to. I can't think of anything less satisfying than asking another attorney about opposing counsel than to hear "if he/she says it's raining, you'd better check out the window."
What a mark on one's character. Don't let that type of behavior or reputation ruin everything you've sought to achieve professionally and personally.
As an endnote, I'm sure there are countless other words of advice to add. If you'd like to comment, please do. I appreciate all your feedback.
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