Backup, Backup, Backup!

Graduates and recently terminated attorneys, here's the sad fact: law jobs are scarce. More new graduates and recently terminated associates, find a dismal spot in the job search arena. Unfortunately, and despite the ABA's glossy outlook, fewer law firms are hiring. Many recent law grads take jobs as administrative assistants, waitresses/restaurant servers, or worse, just to pay their bills. 

The truth is, you need to have a backup plan that you can implement if, and when, you can't find "stable" employment.

The trouble with a backup plan, much like its electronic/IT counterpart, is coming up with the right tools and methods for implementing a stable and reliable system.

Your backup plan should answer the following questions:

1. If I [insert tragic event here: lost my job, couldn't find work after graduation, etc.], then I would do the following: [insert ordered list of possible career choices].
2. In order to work as a [insert first career choice from ordered list] I would need the following skills: [insert an ordered list of skills/training/knowledge]. Continue answering question 2 for each career choice.
3. I have experience in the following job-related areas: [insert ordered list of possible experiences].
4. I need to obtain the following skills if I am going to work as a [insert career choice from question 2]: [list needed skills based on your analysis of the needed skills and current experience from questions 2 and 3].
5. If I [insert tragic event here], I would need [insert amount of money needed to maintain current lifestyle for 3 months] to pay my bills and keep my current standard of living.
6. I can talk to the following people about my unemployment status: [insert ordered list of potential contacts].
7. I can talk to the following people about my desire to work as a [insert first career choice from question 1].
8. I ____ have ____ have not thought about running my own business as a [insert first career choice from question 1]. Continue answering question 8 for each career choice.
9. I have the following fears about "hanging my shingle" (working for myself) as a [insert first "I have" career choice from question 8]: [insert ordered list of fears].
10. I could overcome my fear of [insert first fear] by [insert ordered list or action statement a what you need to do to overcome your first fear]. Continue answering question 10 for each fear.
11. I know the following people who have hung their shingle, which I can talk to about their experiences: [insert list of people you know who are working for themselves].
12. If I started running a business as a [insert first "I have" career choice from question 8], I believe I would need the following: [insert ordered list of necessary supplies, training/education, location, etc.] Note: you should answer this question with everything (cost is irrelevant at this moment) you believe would be necessary to operate the business you have identified. Continue answering question 12 for each career choice.
13. I could realistically operate my business as a [insert first "I have" career choice from question 12], if I had the following: [insert ordered list of essential supplies, training/education, location, equipment, etc.] Note: you should answer this question by narrowing down your list in question 12.
14. Right now I have, or have access to: [ordered list of supplies or materials identified in question 13.] Continue answering question 14 for each career choice.
15. I could realistically do without: [list items identified in question 13, but not identified in question 14, which you would not need at this time.] Continue answering question 15 for each career choice.
16. I believe I could negotiate the following benefits/services/perks, if I decided to open my business as a [[insert first "I have" career choice from question 12]: [insert ordered list of "to do" negotiations; for example, can you negotiate rent?, equipment leasing/purchases?, telephone services?]
17. I could realistically open my business as a [insert first "I have" career choice from question 12] for [insert dollar figure for expected opening operation expense]. Continue answering question 16 for each career choice.
18. After evaluating all of my options, I will [insert an action statement about your choice; are you going to open your own business?, speak to others?, continue to collect unemployment and feel sorry for yourself?, take a 2nd job at Burger King]. 

I don't know that this is a perfect list, but I believe this list has a lot of benefits that will help you gain momentum. I think a lot of people get discouraged because they send out tens, hundreds, or thousands of resumes, only to get rejection after rejection. This discouragement then leads to blind thinking, which thwarts any chance of success.

I think too many recently unemployed people rely too heavily on passive job search techniques. These techniques include mailing resumes and searching the career services job boards. Face it, these are useless. I believe if you're going to succeed, you're going to have to make your own success.

This action plan gives you a direction to help steer your outcome. You eliminate fear and floundering, and through these questions, you have identified areas of interest, strengths and weaknesses, and possible networking connections to help build your success. Hopefully too, you've proven to yourself that you can succeed if you chose to "hang a shingle," and that the cost, both financially and personally, isn't too extravagant.

I'd appreciate any comments that you have, and especially any questions or analysis you think others should add to this list.

Congratulations OKC!

What a fantastic end to a great season!

Unfortunately, the OKC Thunder didn't make it to the finals, but after a less-than-stellar 1st season, this was magical. 

What a way to push LA to a tipping point. Now we know they're vulnerable. It looks like this LA-OKC matchup will become a great rivalry in the future.

Sourdough Bread

In practice, you need something more than just work. You need to develop external hobbies, which you can enjoy without thinking about work.

One of my favorite things to do is cook. It's something my wife an I can do together, or I can surprise her with a simple breakfast treat. Regardless, it's something that I can use to brush off stress that happens at other times.

Recently, one of my endeavors is bread-making, especially sour dough. I was close to San Francisco while I grew up in California, and love warm clam chowder in a bread bowl.

I'm going to share my "top secret" recipe, which you can find here.

Sourdough Bread (makes 2 loaves)

Ingredients

• 4 3/4 cups bread flour
• 3 tablespoons white sugar
• 2 1/2 teaspoons salt
• 1 (.25 ounce) package active dry yeast
• 1 cup warm milk
• 2 tablespoons margarine, softened
• 1 1/2 cups sourdough starter
• 1 extra large egg
• 1 tablespoon water
• 1/4 cup chopped onion

Directions

1. In a large bowl, combine 1 cup flour, sugar, salt, and dry yeast. Add milk and softened butter or margarine. Stir in starter. Mix in up to 3 3/4 cups flour gradually, you may need more depending on your climate.
2. Turn dough out onto a floured surface, and knead for 8 to 10 minutes. Place in a greased bowl, turn once to oil surface, and cover. Allow to rise for 1 hour, or until doubled in volume.
3. Punch down, and let rest 15 minutes. Shape into loaves. Place on a greased baking pan. Allow to rise for 1 hour, or until doubled.
4. Brush egg wash over tops of loaves, and sprinkle with chopped onion.
5. Bake at 375 degrees F (190 degrees C) for 30 minutes, or until done. 

Now, here's a couple of secrets or special tips I've incorporated into my bread:

1. Instead of letting the dough rise constantly for 1 hour, leave the dough in the maker (I use a KitchenAid) to rise, and every 10 minutes knead the dough for 10 seconds, repeat for 5 times during the hour. This will give your bread a tough or robust feel

2. If you'd like crunchier crust, boil 10 cups of water, pour the water into an oven-safe pot or pan, place into your oven while you cook the loaves. Simply delicious!

3. To make your loaves look beautiful, roll the dough into a rectangle, about 1/4 inch thick. When it's near perfect, work from the long side (length) and slowly roll the rectangle into a traditional loaf. Pinch the seam closed with a little water to seal it. Tuck the unsightly ends under the seam, pinch in the same fashion.

4. Score the loaves with a sharp knife. Cut in the loaves about 1/4 inch before placing the loaves into the oven.

It's Not Rocket Science, At Least I Hope Not

One of the things I love about the practice of law is it's simplicity. I love that rules govern everything about it: there are rules for procedure, there are rules regarding precedent, and there are even rules regarding behavior.

Well, that's why it confuses (or perhaps frustrates) me when new attorneys say they're not sure what they're doing. I just want to scream, "Of course you're not, you've never done anything like this before, but use some common sense! Go find the information."

Rules govern the law, therefore, by using common sense, it's easy to discover the rule and apply it. 

For instance (and yes, this is a true event), let's say that you have a personal injury case you're working on, and you're trying to locate the address of a potential defendant. Knowing that the internet has a lot of information about people, you decide to search a website listing people's addresses and telephone numbers. You know this defendant lives in, say, Oklahoma City, Oklahoma. You also know that your accident occurred in, surprisingly, Oklahoma City. Finally, you know your defendant's name is rather unusual, like ABC XYZ. Being the highly intelligent individual, you plug your information into the search website, and one name appears. Please, do not ask your supervising attorney whether this is the individual. Have confidence, and common sense, that this is your (wo)man. Yes, sometimes it really is that simple.

The key is to believe in yourself enough, and trust your instincts, to recognize when you've hit "pay dirt." You've learned the valuable keys of research in law school. You've learned how to find the information, now apply that knowledge to your new experiences.

I've been mentoring a young law student who has a desire to open his/her practice when he/she graduates in the coming year(s). One of the things that this student does, which consistently frustrates me, is to express his/her uncertainty about what he/she does. This is a sign of a follower, not a leader. 

How do you suspect BigLaw Partner became "BigLaw Partner?" BigLaw Partner worked diligently, and exercised confidence along the way.

I love getting new and interesting cases, like where one holder of a joint banking account gets sues the other holder for conversion, because this gives new and exciting experiences to discover and expand my legal knowledge. 

Far too often, and I think litigators suffer from this the most, we're tied up by our concerns about doing it right from the start, over whether we can find the information and do it at all. This hesitation hampers our development as attorneys, and leaves us stuck in mind-numbing ruts of monotony.

I like to think that there are really no new legal issues, rather there's new circumstances to apply/not apply the old rules. Therefore, for any case you have, there's already a rule established that will tell you how to act (it's not rocket science). Whether it's procedural, statutory, or case law based, the rule is there to find.

Broaden your horizons, expand your knowledge base, and use confidence and common sense.

Location, Location, Location

I went to work with another young, solo attorney this week, and we had an interesting debate on the necessity of an office.

My thought has always been that a solo attorney doesn't need an actual office, if you're equipped to handle non-location-related things.

For instance, if your office is paper-dependent, and you need to have files upon files of paper stacked in binders, pouches, and nooks, then I guess an office is important. However, if you've moved your office work into the 21st century (meaning you're scanning & mobile), then actual office space isn't so important.

My colleague however, is quite adamant that you need an office for at least two things: appearance and somewhere to meet.

His point was that people want to see that you have a nice space to present, and you always need a conference room (and storage space). He objected to my suggestion that you could meet clients in their homes, at the library, courthouse, or other public/private venue. He said clients, especially those business clients want to be at your office, they want to come see you.

I politely doubted that was the case, as most individuals view going to the attorney's office about as much of a priority as waiting at a doctor's office for 2 hours. "The fact is," I told him, "the only person who views that as an important aspect of their work is the attorney." I think it stems from an ego thing.

Now, are there aspects of his argument that I agree with? Absolutely! I do not believe that it's in my best interest to not have a home-based office. I find it soothing to leave for work each day (not to mention I think my wife would kill me - "when you're home, be home," she says). Nor do I believe I could sit at the courthouse all day waiting for client meetings, but those are just my quirks, and don't truly affect the overall workability of the plan.

I manage a tight/lean office. I can receive calls to my Droid via Google Voice. My voice messages get transcribed and emailed to me via GV. My office calendar on Outlook/PracticeMaster syncs with my Google account, so I can receive and view appointments (who else is imputing appointments?). I can sync my office files with my laptop to go anywhere (I don't do that yet), or access my desktop through logmein.com or gotomypc.com (a BIG life saver). Note too, with my Droid, I can tether my laptop to my cell phone and work from anywhere there's coverage. I scan all my documents, and work exclusively (although I do keep the originals, for now) with my digital files. Basically, about the only thing I'm not doing is receiving mail via email, and there's even a service for that.

No, I truly believe that one could move to a location-free office structure, and manage just fine. But that's just my opinion, I'd like to hear yours!

Smartphones: iPod Touch v. Droid

First, let me say that I'm not an expert by any means on technology. I'll defer to Dennis Kennedy, Jim Calloway, or the iPhone JD, Jeff Richardson, for that expertise. That said, I am a bit of a technophile, and enjoy new gadgets and gizmos as much as any 30-something with an identity complex.

I just recently switched from using an iPod Touch in my practice, to the Motorola Droid. My main reason for switching wasn't because of the Droid's superior capabilities or technological advantages, it was a simple act of spite with AT&T. No, I wanted to purchase/upgrade my current phone to an iPhone, but the customer service representative wouldn't allow me to, without a lot of other conditions.

So, as any arrogant individual does, I huffed off, canceled my AT&T plan, purchased a Verizon Droid, I've lived in bliss ever since.

iPhone-philes may mock me because I dropped a "superior" phone to go to the clunkier, bulkier, and less aesthetic, Droid. However, here are some of the things I love about the Droid that my iPod Touch didn't do:

1. Make phone calls using Google Voice. Droid runs on Google, therefore GV is an integrated feature that works fantastic on the Droid. The interface for GV is clean and crisp, and give me access to the messages and ability to call my contacts using my cell phone number, or my Google Voice number. Since my GV number is my law firm's contact number, this is great because I can perform work away from the office, and still appear at the office.
2. 5 MP camera. The Touch lacked a camera (I hear rumors about one in the next model), but the iPhone has a 2 MP camera, without the ability to shoot video (I know, 3GS does). I've already (I bought the phone March 14, 2010) used the camera and video several times for personal and client-related purposes. I have an 8 MP Nikon I used to carry, but now I'll be taking this.
3. Turn-by-turn navigation. My next purchase was going to be a TomTom GPS for my car. I'm often driving into the nether parts of the city or country meeting clients, or some other business. My iPod Touch didn't cut it when I got lost, and the Google Map's turn by turn directions could get confusing, and dangerous to try an follow. The free turn-by-turn voice navigation is something that iPod or iPhone couldn't match.
4. Slide-out keyboard. Although I didn't mind the touch-type keyboard on the iPod Touch, it's nice to have a slide-out keyboard to type, especially when I have "carnie hands.

Now, while I'm quite satisfied with my Droid (you may want to check out this post and others, by Rick Georges, the Futurelawyer. It's rather sickening how much he loves the Droid (wink, wink)), there are some things I'm not particular fond of at this moment (there's probably an "app" or tweak, somewhere).

1. Audiobooks & music. I don't like how Droid's native player handles audiobooks. I was quite fond of being able to make my own books, have them separated on my iPod, and listen to them. I have two books on my Droid now, but they're lumped with my other music (my "old" method).
2. Apps. The Android Market doesn't have as many apps as Apple, but, I'm told there are ways to get apps outside of the Market.
3. Plug location. I really loved where my iPod's charging cable goes. Droid has an awkwardly positioned plug hole that gets in the way if I'm trying to use the keyboard and charge at the same time.
4. In-call phone/music. I haven't figured out how to control the music when a phone call comes in. I really like iPhone's pause feature to handle incoming phone calls. I'm sure it's possible, and supposed to happen, but I haven't figured it out yet.

Overall, I'm quite impressed with the Motorola Droid. I love the features, and being a Google "homer," I love the integration.

Referral Marketing

Marketing is one of those things I'm not really good at. Well, I shouldn't say that; I try, but I come up short sometimes. Sure, I'm blogging, I'm seeking referrals, I'm trying to market my practice, but sometimes, all that stuff is tough.

That's why this post by Tom Kane was such a great thing. Tom gives some short, simple, and fantastic advice on how & why you should market to referral sources. His synopsis gives 8 quick and simple ideas for ways to market to your referral sources.

I suggest you spend a few minutes reading the post, and the accompanying document written by Trey Ryder.

SPU - Glad to Be Solo Contest

In case you weren't aware, Solo Practice University is offering a scholarship to one deserving solo practitioner. It's a great idea and opportunity. Take advantage!

Note: I do get a slight kickback if you click on the link above, but I get nothing for mentioning this contest.

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.

Being "Cool"

I had an interesting discussion yesterday with a colleague in the office about "coolness." She commented that she believed that coolness stemmed from the essence of one's confidence in a matter. Based on my experience and perceptions of cool people, I wholeheartedly agreed.

It's quite simply the easiest concept: coolness stems from confidence. I think this can be applied to any situation. You remember the line in the movie Napoleon Dynamite, where Pedro says "all your dreams will come true?" I think the more confidence you exude, the greater the chance you'll have of achieving your dreams.

A lot of new lawyers are hesitant to strike out on their own because of a number of factors, including a lack of confidence. Most new lawyers who enter the legal field find that they're decreasingly capable of "doing the job" they spent 3 years and $100k-plus to learn. This can create some anxiety.

The problem a new lawyer has is that they're ill-equipped with the confidence to know that lawyering is as much about your persona, as it is about your knowledge. I always like to think back and ask, "what did the old-school attorneys do before they spent 3 years and $100k-plus at law school?" Those lawyers went out on learned what they needed to do. They watched others, they read cases and arguments, they jumped into it with confidence.

Arguably, law school gives you squat when it comes to actual, lawyer skills. Therefore, have some confidence and go out and become a great lawyer. Don't worry about whether you'll be able to make the right arguments, or perform correctly. Step in and exude confidence, you'll be fine.

I think the same goes true if you're hunting for a job or trying to bring in clients. People want you to be confident, and they want to feel comfortable when they're speaking with you. Use confident boldness to project your dreams, desires, and aspirations.