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Case Loads

A law student, and prospective solo practitioner, recently asked me a great question about handling cases. The question was, "how many cases do you think you can handle at any one time as a solo with no staff before you can't handle it?"

I'd never really considered the question, because I've never had that problem. Like any good attorney, my answer was as vague as possible. I simply said that "it depends on various factor, but probably no more than 100."

We continued discussing the various factors, problems, and scenarios. I've though more about the question and some of the intricacies, and continue to believe that 100 is the magic number.

Here's my thoughts, and I'd like yours:

First, many cases are not so intense as to require a significant amount of time. Sure, you'll have heavy periods, but like anything, you're going to have a significant number of slow periods. If you're good at time management, and you improve your organizational skills, you'll likely be able to handle this many cases alone.

Second, if you're focusing on one or two practice areas, chances are, you'll see a lot of the same issues. Therefore, it's easy to convert/modify pleadings, letters, etc., from another case to your current one. This will save some time and other hassles.

There are some drawbacks too with handling everything yourself.

As chief and worker, you're responsible for everything that happens in the law office. You're responsible for the letters that go out, and answering the telephone, sometimes at the same time. Every task you have to perform takes time, and takes away from the tasks on other cases. You must be able to do everything quickly and efficiently.

Having a large number of cases also results in a large amount of excess work. In order to settle each claim, you have to work the file. This extra work can add extra stress and longer work days. I've spent several late nights/early mornings worrying about the cases and the tasks that need to get done.

It's really easy to think that you can handle everything alone without support and staff. The truth is, most of the things you can do alone. However, like any business, if you want to grow and serve your clients best, you need to add support staff.

You can add staff in a number of ways. For instance, you can hire an intern (check IRS restrictions/labor laws on this) to help draft documents and work with you. This is a great opportunity for the intern, and can add some extra value to your business.

You may also hire a "virtual assistant" who can draft routine correspondence and help reduce or eliminate some of the mundane tasks that take extra time. Remember, every minute you can save yourself from having to draft a letter to someone on the case, is a minute you can devote to other paying tasks.

There are a variety of things you can do without incurring a large amount of overhead or extra monthly costs. The important this is to be creative.

New Resolutions

Over at The [Non]Billable Hour blog, Matt Homann is dispensing a wonderful cacophony of ideas for developing a new ideology of behavior in 2010.

Matt's recent "resolutions" series tackles some fairly common issues, and gives you a great strategy to address them. I am especially intrigued by Homann's posts on firing better, developing a client "worthiness" index, asking more from your clients (developing a survey), and seeing yourself like your clients do. 

I think these resolutions can be used as benchmarks in any stage of the law firm's growth and development, but most especially when the law firm begins to grow. Our firm is struggling with a few of these issues, and reevaluating them can help "patch" holes, and continue our firm on its growing path.

After a bit of thinking, I think it's possible.

This post had been scheduled to go out, but I just sat on it. Here you go:
 

Recently I posted regarding Tim Ferriss's book, The 4-hour Work Week: Escape the 9 to 5, live anywhere, and join the new rich. I'd queried whether his idealistic view were possible in a service-based industry.

At the time of the post, I'd only ventured a mere 5 chapters into the text, so I made some assumptions based on a minimal amount of information. Since posting, I've finished the book, and have taken several opportunities to reflect on the content. I still affirm my initial conclusion that there is absolutely no way to accomplish the feats he advocates as an attorney or in any other service-based profession, at least not if you'd like to maintain your license.

However, there is still some ability to free yourself from the office, and enjoy life (although, even this has some limitations, i.e. billable hours, client meetings, etc). The key I think is recognizing one of the core principles discussed by The Positivity Blog, Jim Calloway, and Susan Cartier-Liebel. This core principle involves manipulating the 80/20 principle to your competitive advantage.

One of the things Tim discusses in the book is creating, or building efficiency, by emphasizing the 80/20 principle. Tim suggests that the reader consolidate the time he/she spends answering phone calls and responding to email, as one valuable method to build more free time. Tim suggests using email autoresponders and voicemail as a way to prompt clients to specifically articulate their needs, and stave off the multitude of unnecessary conversations. Note also that he suggests telephone conversations if email responses become too extensive.

I think this principle would improve client expectations, although it may "bite you in the butt" too. Recently, one attorney I work with attended a CLE where he discovered that sometimes client expectations aren't quite our expectations. The presenter said that more bar complaints occur because of "failure to communicate with clients" than anything else. The presenter stated that some client expectations are unreasonable, considering the attorney's workload. For instance, most attorneys believe that a same-day response to an email is okay, while most clients believe that an email gets answered within 1 hour. This divide could lead to confusion, especially if you rely heavily on email as a primary medium for communication.


I think if you're going to use Mr. Ferriss's principles, it's important to set client expectations at the initial client meeting.

WordPress Plugins to Get You Started

I love WordPress and the Headway Theme. I think the two systems are very useful, and cost effective (check out this post for my Headway review). I like WordPress because: 1) it's the blogging platform supported by my webhost (very useful when you screw up); 2) it's free (I think TypePad charges for hosting); and 3) the WordPress site has millions (literally) of helpful people creating plugins, applications, and support forums.

I've decided to give you a list of my favorite WordPress plugins, and hopefully, you'll add to this mix (in no particular order).

1. Sociable Plug-in - this plugin adds a nifty little banner at the bottom of your posts to allow readers to add the posts to their favorite social website.
2. Simple Google Sitemap Generator - sitemaps are key to getting recognized in Google. This generator does the hard work, and you take all the credit.
3. RSS Footer - if you're a paranoid, "end-of-the-world" type guy like me, you're afraid that someone's going to rip off your content, sell it to the "gub-ment", and use it to create the next Kennedy conspiracy, of which you'll get no credit. This plugin stops that. You get credit for uncovering/creating the conspiracy. P.S., it also protects you from getting copied and reused without credit.
4. Google Analyticator - I use Google Analytics, you should too. This makes it easy. Analytics is it's own monster.
5. Dean's FCKEditor - this plugin adds extras to your simple editor.
6. WP-Cumulus - If you like cloud tags, this is an easy one to use.
7. Wordpress Automatic Upgrade - easily upgrade your WordPress site and plugins. One-touch upgrade...SWEET!
8. Statpress Reloaded - A great plugin to get more information about your blog's visitors, search terms, etc.

Hopefully, this list will get you started on your blogging adventure. If you find a good WordPress widget or plugin you're happy with, please let me know.

For the Times You Screw Up

No attorney likes to think about screwing up, or worse, disbarment. We all like to believe that we're practicing some higher form of law, and avoid the sad reality that sometimes, bad things happen to good lawyers.

When those bad things happen, there's something comforting in knowing that you're financially protected. You need to have legal malpractice insurance. I wrote about this need awhile ago, and the importance of what I said earlier stands.

Recently a referring attorney came to me because of some "problem" cases the attorney had dealt with. The attorney explained that because of the mounting needs with the attorney's primary practice area, some clients in the office got "left by the wayside." The attorney wanted me to review the files, and help out.

I took a peek, and fortunately, could save a few. However, for an unfortunate few, the attorney missed important deadlines, which could end up destroying the client's case. In one instance, the attorney's oversight could cost the client over $50,000.

I explained this to the attorney, who informed me that, despite numerous years in practice, the attorney hadn't carried malpractice insurance. I was shocked by the response, even I know that malpractice insurance is a must. Apparently though, the attorney's number of years in practice had proved differently. The attorney had never needed it before, and therefore, didn't believe it's necessary now.

Now, even if the clients wished to sue the attorney for some malpractice, there's little value in that because the attorney has no money, at least to the point of covering the $50,000-plus claims.

The problem my friends, as I've stated before, is that this type of thinking is selfish. You're not doing yourself any favors by not having malpractice insurance. Again, this is the cheapest insurance you'll purchase, for the biggest value (mine is about $700 per year).

Having malpractice is especially important if you're in an office-sharing relationship or a solo or small firm. Your "partners" (because that's how clients view them) will screw up their cases, and despite the fact you've never handled the case or met the client, they'll likely include your name in the grievance/lawsuit. (Don't think you it won't happen either, because it's what I would do if I sued your butt for malpractice - setting aside other particular issues). Having insurance will afford some decorum and security in these solemn situations.

If you can afford to hire an attorney to defend and represent you in these matters, then, by all means, keep up your insane behavior of practicing without insurance. However, if you're like me, and you believe that your clients deserve something if you screw up, then go get your insurance. Get it now.