Skills Students Need to Learn

Joseph H. Brown, the author of Student2Solo, has a new blog post about 2 things students should do while they're in school in order to prepare for solo practice. The post is great, and offers two great suggestions, especially that students get familiar with trial practice (a course I wish I would have taken). I'd like to add my two-cents to the conversation, and follow up on one of my earlier posts.

I'm an especially big proponent of the "3rd Year Intern" program. I don't know of any school that's implementing it, but I believe a 3rd year spent working at a law firm, instead of in a classroom, would better-prepare students for law practice in general. The concept is easy: students work as unpaid interns at law firms (preferably solo or small firms), and in turn receive course credit for their employment. It's a win-win for both sides (which I doubt that schools would go for because of their overwhelming disdain for solo practice.) Working for an attorney/law firm is significantly more important than learning about working.

I try to hire interns to come perform tasks and learn about law firm practice. One of the common questions I get from my interns, and from others, is "how will I ever learn all this?" My simple answer is that you take the time. This is especially important when you're discussing things like trust accounts, business operations, and daily operations. Unfortunately, because you never learned how to properly manage a trust account (although you're drilled about the consequences of mismanagement) in law school, you must hire someone, or consult your bar association's management assistance program to get the proper information.

Like Joseph, I suggest students also focus on practical courses, like trial practice, bankruptcy, and legal writing, as opposed to the recommended cadre of "bar prep courses." Although these aren't completely functional courses, they will give you a glimpse of some real world events, especially if they're taught by adjuncts who are practicing attorneys.

Finally, students should learn and practice communication skills. Since verbal and written communication are everyday necessities in a law firm, you must improve and perfect your communication. Volunteer to write briefs, memos, or other documents for an attorney, and learn from his/her criticism. Take opportunities to present speeches and other verbal presentations to improve your delivery skills. You may even consider joining local speech groups or organizations for assistance.

Whether you're looking to mint yourself as a solo attorney, or as a BigLaw brat, possessing the basic skills and knowledge to function as an attorney will help you achieve your success. You can do it, but it takes patience, practice, and work.

How Much Do Lawyers Make?

The ABA Journal teamed up with  William D. Henderson of the Center on the Global Legal Profession at Indiana University's Maurer School of Law, to study and report on the wages for lawyers throughout the United States. I think this is an admirable response to a lot of uproar regarding "the lying law schools," but I believe, as some of the comments suggest that this still isn't reporting the true nature of the legal profession. The biggest flaw of the study: "Equity partners and solo practitioners are not included in the survey." Oops.

I think this flaw over-exaggerates the numbers. Sure, I guess if my goal is BigLaw, government, or in-house, these figures should bring some comfort. However, if you're a solo practitioner or equity partner (why isn't BigLaw complaining?) you're screwed. The fact is, there's still a larger portion of the legal profession that is unrepresented in the study. As one commenter states, "The ABA bothers to show this because they want the media to pick it up - they want a counter to all the bad press law schools have been getting, and this gets the fuzzy idea, 'Oh hey, lawyers DO make a lot of money' out there in the world again. It’s an attempt to keep the bubble growing and obfuscate the truth - that law school is a bad investment for almost all students who take out taxpayer backed loans to attend."

Some of the surprising information for me gleaned from the study:  Reno, NV and El Paso, TX, have "unusually" high salaries for relatively small metro markets. Perhaps, if you desire to become an attorney, you should relocate to Huntsville, AL, where lawyers earn $125,000, and the market is small 440 (is that a typo?). Also, isn't the "hot spot" graphic nice? I guess there won't be a rush of lawyer to Montana, North Dakota, or Northern Maine.

Would You Trust a Law Professor to Represent You

I had many good law professors in school. I also had many bad ones. I don't necessarily think they were bad in the sense they didn't know their material. Rather, like this article posted by the Law Librarians shows, the professors often focused too much on the minute theory, and not enough on the practical application.

I tend to agree with Mr. Newton's criticisms of law schools, since I generally believe that most law schools fail to adequately prepare their students for legal work. I believe far too often, too many students have to learn "lawyering" in the "school of hard knocks." Moreover, I think the law schools' focus on academia, versus practicum, does an even greater disservice to the students in leading them to believe that the grades will catapult them to greatness. The truth is, even the brightest star dims in the sunshine.

Many students I see, I suspect because of the B.S. they're fed in law school, believe that they're commitment to academics is more important than their law work involvement. For instance, I recently sought to hire a part-time law clerk from my alma mater (you may want to check out an earlier post regarding a similar experience). I solicited, and received, a number of qualified resumes. 

The problem was, I saw a great number of "silver spoon" candidates who demanded I accommodate particular school schedules, routines, etc., when I hired them. Some seemed to expect this favorable treatment because of some high grade or recognition in law school, despite the fact they lacked any notable legal experience. In fact, one applicant went so far as to say that they were available to work only Friday and Saturday - I thought only BigLaw lawyers worked Saturdays or Sundays if they didn't have to?

I took two jobs in school, which I think benefited me tremendously, in both experience and with practical lawyering skills. I worked for free, as a pro bono volunteer, then I worked for a solo practitioner. The first firm taught me the meaning of doing justice, which led me to reconsider my decision to become "not a lawyer." 

At my second job, I saw how hard work, dedication, and common sense, can make a skilled attorney. The firm expected me to work a regular schedule (meaning be there when the other guys/gals are), and to dedicate the time necessary to close cases, and ultimately make money for the firm. Honestly, during the last year of law school, I dedicated more time to my job than to my studies. What I recognized was that actually doing the stuff I'm learning about, was more important than learning about stuff I could be doing.

The problem is, many law students (again, I think because of the schools) believe their lives are paved in BigLaw. The truth though, is that many BigLaw dreams end up in tattered shards of unemployment, or ill-equipped solo practitioners, who struggle to survive.

Solosez

If you're a new solo attorney, or you're a solo with "older-than-dirt" experience, you need to check out the ABA-hosted listserv, Solosez.

This is a great resource for a "firm" to bounce ideas off of, and seek assistance with difficult legal problems. I can't tell you the amount of useful information, and the number of network connections I've made, since I joined the list 4 years ago.

Many newbies get overwhelmed by the number of emails generated. First, you should get a separate email address, I use a Gmail account, to subscribe with. I prefer not to have Outlook poll this email address. Rather, I let Google manage the conversations, then pick-and-choose the threads that interest me. You must pick-and-choose otherwise you'll get demolished by the number of messages. There are several members who use Outlook rules to manage the message, but I find that Google is an effective tool for stringing conversations together.

Be warned: once you get started, it's addicting and very difficult to stop.

Should I Stay, or Should I Go?

Eventually the issue/question will arise: how much longer should I keep this up? This issue will apply to anything, but most especially, it will apply to you as you seek to reconcile your decision to go solo, with some colleagues or more lucrative possibilities.

I never say that you shouldn't go looking around for other opportunities. The fact is, solo practice is tough. There's no two ways around it. Each month is a constant battle between having enough to survive, and keeping sane in the process. 

For some people, solo practice isn't a good fit. It takes a good entrepreneurial spirit, and frankly, a lot of "uncommon sense" to be solo practitioner. For others, those with an independent spirit and "uncommon sense," the fit is perfect.

It's alright to admit "defeat" in the solo practice arena. Sometimes things aren't working as we had anticipated. The important thing is to remember that it's about survival; yours, your family's, and your loved ones. As the adage goes, it's not about how much money you can throw at a problem, as it is about when you know you've lost.

If you're struggling with whether you've made the best decision regarding solo practice, I'd like to suggest one thought: focus. By that I mean, take a minute and compartmentalize your practice, life, self. If you must, make a list to help. Whatever it is, just focus everything. While you're focusing, concentrate on creating goals to manage tasks, creating tasks, developing strategies, evaluate marketing, networking, and other factors. You should take an opportunity to evaluate every minor and massive element of your life, practice, and personal attitude. The bonus of this is that in the end, you'll find that some of the stresses you thought were major have little or no relevance to your current happiness, and those minor issues either take priority, or disappear.

We all get burned out with the rigors of our practices and lives, and the focus exercise is one method to stomp out the fire and reinvigorate a tired individual.

SPU Stuff

I'm a student at Solo Practice University. I think it's well worth the tuition, especially if you're a solo or small firm practitioner.

In recent weeks, SPU took some harsh criticism from some (unmentioned) bloggers. Their criticism about the idea is that the information really is a waste of money because the solo is dying. That's not true, and unfortunately for all law graduates, the harsh reality is that SPU gives you the practical skills, if not some small insights, into uncharted territories. I'm learning Social Security from Johnathan Ginsberg, and bankruptcy from Jay Fleischman. These are just two of the many classes you can take to improve your practice.

One of the other courses I'm in is taught by James Chartrand. The course deals with marketing and other information. James' most recent post gives some great pointers into designing a better website homepage. The keys: Be Brief; Be Even Briefer; Be Commanding.

Of course, these aren't new principles or even groundbreaking ideas, they're simple. With the additional information James' post provides though, you're able to evaluate your website and tweak it. It's these kinds of simple principles in every class that set SPU apart, and make it worth your tuition.

If you're interested in joining, let me know.

Another Chuckle & Solo Practice

Courtoons is a blog I subscribe to. It has a variety of law related cartoons. I thought today's was especially funny in light of a recent push by new and old graduates to go solo.

I found this website statistic (I don't know reliability - it was #1 on Google) that showed that in 2006, 36% of all practicing attorneys were in solo practice (this document for Texas states 57% of Texas attorneys are solo or small firm lawyers).

The overwhelming trend is for attorneys to join the workforce as solo or small-firm lawyers. I think some law schools are seeing this trend and quickly realizing that their old model of "BigLaw push" is failing.

A law school organization at my alma mater invited me to speak. Of the 15 or so individuals at the meeting, more than half indicated they seriously consider entering solo/small firm practice upon their graduation. That's a serious commitment, and an absolute need that isn't addressed by the law schools.

Extracurricular Education

I'm going to make this post into a who's-who of my favorite legal resources, with links to these individuals' sites. These are unpaid recommendations, based on the value these individuals provide me in my practice.

In no particular order:

1. Carolyn Elefant - her book and website give you a practical approach to starting and managing your law practice.
2. Susan Cartier-Liebel - through her program, Solo Practice University, Susan is providing young & old attorneys with the practical skills and advice we thought we were getting in law school, for a much cheaper rate ($595 per year). There's practical and theory-based courses to help you start, manage, and grow your legal practice. I'm a member, and I love it! (FWIW: Beginning today, if you sign up for a quarterly or annual membership, and you mention my name (Jeffrey Taylor or jbtokc) I'll receive a discount on my renewal - hopefully you believe in "paying it forward", if not, sign up for yourself and take advantage of the program)
3. Jay Fleischman - Jay manages Legal Practice Pro, another blog devoted helping you manage and grow your law firm. Although the blog is geared to helping bankruptcy attorneys, his tips & techniques will benefit your practice too.
4. Jim Calloway - Jim is the Director of the Oklahoma Bar Association's Management Assistance Program, and author of Jim Calloway's Law Practice Tips Blog. Jim's office provides a great resource for new attorneys, and their lending library is fantastic!
5. Tom Kane - I recently found Tom's blog, Legal Marketing, and there's a massive amount of resources and ideas for all.
6. Ross Kodner - Ross is the "Paper-LESS" office and law firm technology guru. Enough said, you must read his blog.
7. Solosez - I couldn't get through many cases without the ability to bounce ideas and problems off other attorneys. The Solosez listserv, sponsored by the ABA, provides one of those resources. Hint: set up an additional free account (I use Gmail) to manage the mass of email threads, because if you use a "regular" account, it will get clogged.
   

Take advantage of all the wonderful resources on the web. If you're following someone who gives you valuable tips and advice, and you think they deserve a mention, let us all know by commenting below.

Five (or Six) Things to Becoming a Successful Attorney

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.

Anniversary

Just wanted to say, "Happy Anniversary" to me.

One year ago I opened the law firm, Absolute Legal Services, LLC. We've had some great success, and I'm generally proud of my achievements so far. I started as a litigation/bankruptcy/divorce firm, and have since added services in immigration and social security disability law.

Although there's some lean times, there's also some pretty exciting ones too. I am absolutely happy with my decision, and can't say I regret looking back on anything.

Cheers to another successful year!

You ask, I answer

I don't consider myself an expert by any means. However, occasionally I get a variety of emails regarding my decision to go solo. Most of these I'll answer with a simple statement that, "I'm just some guy who got a lucky break, and am now doing what I love."

 

Most of the people asking questions are 3rd year law students who have some considerations to make. One of the most frequent concerns that questioners have is regarding financing. The question invariably goes, "how do you get money?" This is a legitimate concern, and if I knew the answer, I'd hopefully be selling my secrets somewhere else.

While I don't think there's a "magic pill" to calm the financial worries, I think there's a couple different things to ease your worries:

1. Don't be afraid to work from home.  While I'm not a fan of this option for new lawyers, I think it's a viable necessity if you're going to save money. It's harder to make a profit if you're always running a deficit each month.
2. Minimize your overhead. You're going to be tempted to buy flashing products, services, etc., that you think are cool. The problem with a lot of these products is that you're not getting any value without having a lot of expenses. My "minimal" materials are: laptop, cell phone, laser printer/scanner/fax, word processing software, practice management software and Adobe Acrobat Professional. There's others who will argue for more or less (online fax service), but you can get by with these items. Also, using free services like Google Docs can limit your overall expenses. Finally, get a Google Voice number to give you flexibility.
3. Get out and Meet People. There's nothing better than hearing, "I got your number from . . ." The more people you're working with and meeting, the more you're going to improve your financial situation.
   
4. Work Hard. It's your financial future. If you're screwing around and procrastinating, you're not going to survive. PERIOD. Solo practice requires that you make work when you're working. I've seen a couple of attorneys fail because they weren't willing to work.
5. Hard Work Breeds Success. You should absolutely worry less knowing you're in charge. You are going to make yourself successful if you work hard and have a trustworthy disposition.
6. Don't Be Afraid to Seek a Loan. Sometimes the money just doesn't come fast enough. Use some downtime to develop a well-planned business proposal and seek some outside funds. I've already felt this was a last option because of the risk. If you're not making money now, it's hard to add one more expense. However, occasionally by adding some cash inflow you can develop leads and other sources. Don't go overboard!! I'd strongly recommend that you don't get a loan greater than $10,000.
7. Make Yourself a "Specialist" in a Cash-heavy Practice-area. When I entered the business, I quickly became an "expert" in child custody and other family law areas. These practices often paid cash (something that always needed), and I always got an up-front payment. My thought was that I could afford to throw time away, but if I couldn't keep the doors open, the amount of good I was doing wasn't worth squat. Luckily, I priced well, and was able to get the jobs done without much lost time. One other good thing was that I could get an estimate of the value of my services. If I could determine or estimate a time frame, that would make future pricing easier and more profitable.
   

 I love working for myself. Each day I'm excited to go into the office an accomplish everything. I'm still concerned daily about the financial situation, but it's a great motivating factor to work hard and give excellent service.

 

If you're looking at making the plunge, make some careful examinations, then don't ever look back (almost).

"Suddenly Solo"

July's issue of Law Practice Today is phenomenal! If you're not a subscriber, you need to be. Each month's webzine features very useful articles about managing and maintaining a successful legal practice.

July's issues is geared toward those attorneys who are "suddenly solo" because of layoffs. I think law graduates fall into one of two categories: solo/small firm bound (and knew it from day 1), or BigLaw bound (or at least aspiring to such). In my case, I fell into the former category.

My story is probably quite similar to a lot of people. I didn't have a particularly good law school experience, and basically after my first year had decided I was not going to work in any sort of capacity.

During my first summer, I took a legal aid-type job (because everything else was taken and I couldn't get a "law" job) with a small firm specializing in Indian law. That experience changed my life, and I knew at the end of that summer I wanted to be an attorney, albeit, not one of those "stuffy" ones I saw at school or downtown.

I began quickly by assessing my options and formulating my practice plans. Based on my experience, I knew the real action was as a solo or small firm practitioner, thus I slurped up everything I could on the subjects. I joined list-serves, practice management associations/groups, and talked to other attorneys. After all my preparations,I felt I was ready, and I made the leap.

I think the key to my success thus far has been my preparations. I may not know everything (which I freely admit), but I know how and where to find the information. I know this partly because of experience (being thrown into the oven helps one to quickly learn), but because my "Practice Preparation Plan"demands it.

My PPP is a simple statement, one-page in length, that discusses the question, "what would I do if I suddenly lost my job." I created the page because I knew/know that I serve at the will of those around me. It's not secure enough to trust that because I have a law degree, I'll guarantee myself a job. Quite simply, the cliche about death and taxes is the one secure point.

The essence of the PPP is to answer the question and lay a simple ground work for landing a new job (increasingly more difficult in this economy) or venturing on your own (more of an option). There's no magical formula or design template, because it's based on your wants, desires, and goals. However, it should be pin-point focused, offering suggestions that will motivate your broken spirit, develop your drive to rebuild, and give you answers to fundamental questions. Mine happens to have a significant statement about my overall goals and dreams: "I want to spend more time with my family than the office, therefore I will leave the office no later than 5 p.m." Of course, this gets broken every few months, but it's a general statement about my philosphy, and a reminder that some things are more important than my work.

What I knew I needed when I finished my 1st year, is something I believe every attorney must have, regardless and in spite of your present security. The skills you've acquired during your studies and career are meaningless if you can't put them to use. This is the essence of the July webzine. If you're not practicing with your own PPP, I'd encourage you to create one now.