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.

Why Don't Law Schools Care About Solos?

The Legal Skills Prof Blog has two (here and here) great stories updating the world on programs that two law schools are implementing/have implemented to help students and new grads wishing to enter solo practice. These are great projects, and should receive tremendous support from alumni and the schools.

My first question then after reading about these programs, is why don't more schools have these types of programs for their students. After all, by some estimates, 26 percent of lawyers are either employed in solo or small firm practice. That's a pretty significant number of the graduating class that's working alone or in another small firm (i.e. 1 in 4 gradutates).

So, why don't schools do more?

First, I know believe schools cater to BigLaw. All Most of the professors and law school deans "practiced" in BigLaw firms. There's the "cultivate" BigLaw lawyers mentality that is permeating through the law schools. Law schools like their alumnae pedigree to read like a "who's who" of law firms, rather than a smattering of "Law offices of John Doe, esq."

Second, many, if not all, older lawyers believe that you cannot or should not, start your own law firm straight out of law school. "With so many 'pitfalls' to cause you problems" they'll tell you, "you must gain experience at a firm." The simple truth is, lawyering isn't rocket science with traumatic consequences for minor miscalculations. The problem is, many young lawyers, especially those entering solo/small firm practice, have to juggle business management and legal management requirements without substantial training in either field. 

Note too, the first and second reasons also contain the often thought, but rarely quoted reason of, "why would anybody really want to open their own law firm?"

Third, there's rarely faculty in the law school who have access/knowledge to supervise/mentor graduates in these particular programs. That means that you must dedicate funds to the solo/small firm incubator projects, and not to faculty salaries or the new law school wing. Unfortunately, too many graduates leave their schools lacking fundamental skills that will make them effective attorneys (e.g. what a Complaint looks like, and how to file it in District Court). When schools attempt to "teach" legal practice skills, they often screw it up.

For instance, in my third year of Tier 3 law school, I took a course designed to introduce students to "legal practice" in a small firm, taught by two professors, one of which is a partner of one of the biggest firms in OKC, and the other is a federal court law clerk. My first thought was "what will these two teach me about solo/small firm practice?" From day 1, I set my expectations low.

The problem with my law school's philosophy was that these individuals would have a pulse on the small firm/solo concerns. Clearly, neither professor did, and that drastically affected the outcome and negated any benefits of the class. Other classmates expressed a similar disappointment.

One counterpoint many schools offer is that they provide legal clinics to help "cultivate" and "enrich" their students' learning. These clinics give students hands-on experience with representing and assisting under-served portions of the community. In truth however, these courses are limited to a minor amount of students.

Fourth, money is the root of all "evil." Unfortunately for many solo/small firms, the amounts their owners and members contribute back to their schools pales in comparison to their BigLaw counterparts (I guess we're too busy providing reasonably priced legal services than exorbitant hourly rates). It's easy to feed the BigLaw beast where the little mouse barely squeaks. Perhaps is solo and small firm attorneys put more pressure on their law schools to provide "incubator" programs, the schools would more reasonably respond.

Fifth, state bar associations often fail to address these similar needs. With so many additional needs of the state bar, addressing particular concerns like these on a single, case-by-case basis is too much. While many bar associations, including Oklahoma, have commendable practice assistance programs, there's still too great of a disconnect between the legal education and actual legal practice.

Solo and small firm practices provide a great resource to communities to help provide individual and low-cost legal representation. It's important to provide these lawyers and firms with the skills and resources necessary to tackle their problems.

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!

Choosing the Right Equipment

I'm really amazed at how many law students leave law school without the slightest inception of how to use necessary software.

For instance, one of my "tests" in evaluating student interns is whether they can create a PDF document from their word processor. Since PDF is the standard in all federal courts, this should be a fairly mundane task. However, 99% of those interns "fail" this test.

This just goes to show you how much law schools are really failing their students in the every day practice of law. What's remarkable is that law schools provide several opportunities for the students to learn this simple skill, yet they don't take advantage of it.

Alas, this isn't a rant about the failures of law school, this is a call to action: Buy The Right Equipment.

This blog is replete with chants for the value of one product or service, in an attempt to give you a variety of options. Today though, I'd like to tell you about my essential pieces of equipment/software; the stuff that gets the every day done.

Most important to me is my practice management software. I use PracticeMaster (because of it's cost), but there are other good programs out there. I've discussed practice management software before, so I won't rehash that information. Needless to say, PM provides a valuable resource to track time, manage my cases, keep a steady workflow, develop clients, develop marketing, and manage the overall scheme.

The second piece of software is Adobe Acrobat Pro; I have version 8, but version 9 is supposed to be even better. You need to get the pro version, not Acrobat Reader or Acrobat 9 regular. Like I said earlier, you need to know how to use this. My version (and 9 does too) allows me to scrub metadata, redact information, rotate, crop, insert/edit, and comment on PDF documents. Everyone talks about being "paperless" and having the paperless office. Well, without Acrobat, you're hosed. There are other programs, notably, PrimoPDF, which can create a PDF document, but they're not Acrobat (there might be some pay versions that have similar abilities, I don't know. If you do, please comment on their effectiveness).

Thirdly, you must remember that there's a business to the law practice. In order to run a business, you have to be able to track monies coming in and out. I like Intuit QuickBooks for this task. QB helps me manage my cash flow, and evaluate costs. It's a lifesaver when it comes to managing large monies in my trust account too. I'm sure you can do all these tasks in Excel or on paper, but why? I don't know how to effectively use Excel, and I tend to lose important information contained in files or obscure folders. My QB stuff gets backed up, and there's a gazillion (okay, that's an exaggeration - maybe a million) different reports you can run to help track your finances, and keep your business on track. Again, there are probably other programs that can manage your money in the same way - they're not QuickBooks. Note though, I chose QB because my accountant recommended it, and the office manager at my last employment could help me. I use QB Premier.

Finally, we'll talk about computers/equipment. I have a "hand-me-down" PC that I inherited when I went out on my own. Buy a fast one (2.4 Ghz or more), with a lot of RAM (1 GB or more), and a large hard drive (150 GB or more). You can usually find good deals anywhere. If you're a PC person, I'd recommend looking at Dell Outlet. We've seen success when we've purchased some computers there.

Also, you need to purchase a "laser" (quotes for Dr. Evil) printer. Don't be tempted to purchase an inkjet because you can get it for $50. Laser printing is the standard, and it looks 1,000 times better than an inkjet. I have a small desktop laser I got from Dell outlet, and we have a multifunction (scanner, printer, copier, fax), we also found through Dell.

If you're having to print pictures or photographs (but why would you when you're using Acrobat to convert to a PDF file, and emailing the pictures to adjusters, opposing counsel, or elsewhere), then you can pick up a cheap inkjet elsewhere. I haven't printed too many pictures, since I do everything with PDF and email.

On a side note though, I did find a great program called Zan Image Printer ($59.95), which is a virtual printer driver that allows you to print a picture file. I use this when I'm in Google Earth and want to print a screen shot of the satellite photo. I can then go to Paint.Net (a free program similar to Adobe Photoshop), to crop and edit the picture as I need.

It's important for you to have the necessary tools to effectively manage your business. Keep ahead of the potential problems by controlling those issues.

I'd love to hear your comments about these programs, or others that you'd recommend.

Management & Me

One of the biggest challenges in running your own firm is being able to manage one million tasks, and then adding one more.

Sure, you've learned some time management skills in law school, and there's wonderful programs to detail responsibilities, but when it all comes down to it, your duty as a solo is to get things done quickly and perfectly.

It's tough, especially as a "newbie", to determine how much time and energy one "simple" set of discovery requests is going to take. Or worse, when the other side sends you heaps of motions due within 20 days. I get even more frustrated when I lose time performing other out-of-the-office tasks, which dissolve the amount of time I can play with back in the office.

Recently I spent some time attending a hearing. I had expected the hearing (including travel time) to last about an hour. To my distress, 2.5 hours I walked away from the court. What was more, I spent most of the at the hearing waiting in the lobby of the building, not waiting for the judge or other attorneys. This was valuable time I could spend working on other projects or handling other business. This is time, which because of this client's particular agreement, I couldn't recover by a future billing.

Unfortunately, these are the games you play, and the risks. Your task is to make it work, keep your sanity, and accomplish your tasks. You're always going to have stress and unexpected, additional hitches. However, if you can work hard and smart, you're going to be just fine.

As always, if you'd like some advice or recommendations, visit my firm's contact page, and send me an email.

Handling Business

I'm at that point in my practice where business has increased, but revenues remain similar. I'm trying to figure out how to improve productivity without having to increase costs.

Any suggestions?

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.

To Market, To Market to Buy a Fat . . . Law Practice

I work in an office with a number of different attorneys. I like my office-sharing arrangement for several reasons, but most especially because I get to bounce ideas off others and get suggestions for building my practice.

One of the regular discussions we have is about bringing in new clients. If you're already a "superman rainmaker," then "help" my bounce rate, and move onto this site. If you're like most of the lawyers in my office, then you're an average to less-than-average rainmaker, and you're questioning what needs to change.

For whatever the reason, most lawyers I talk with say that they don't have time to market their firm. This is shocking, because without marketing your firm dies. Remember, there's the practice of law, and more importantly, the business of law.

Honestly, I don't have a simple answer, and I can't claim any special SEO, rainmaking, or "superman marketing" skills in internet marketing. However, I will disclose that if I don't receive at least 1 new /potential client phone call per day, it's a bad day. So, in no particular order, here they are:

Get a web presence.

I use a combination of things (some discussed below), but most importantly are my blog and my website. I'd like to think that having a "sub-domain" makes my site stand out in Google, but the truth is, I screwed up when I designed it, and now I'm stuck because I like it. Note too, that for the month of October, the blog received 969 page visits (there's a screw-up there too, if you're interested, check the comments), and my website averaged 4 visitors per day (165 total). That's successful.

For both the blog and website, I use Wordpress as a base with a customized Headway Theme. I wrote this post about my experiences and satisfaction with Headway. Headway did in 2 months, what I couldn't do in 12.

Claim Your Google Business Listing

My listing is number 3 (sometimes 2) on each of my target search phrases. In the last 30 days, my Google listing had 50 "actions", with 12 of those resulting in direct clicks to my website, and 3 new clients (a 6% return on a $0 investment).

The Google business listing works for you, with about 5 minutes of actual labor time. Makes sense, doesn't it?

Social Media

Get involved in "social media." At a minimum, you should have a firm fan page (become our fan) on Facebook, a Twitter account (my account's here), and a LinkedIn page (here's my page).

While I don't believe these have a strong effect on your overall marketing success, they certainly don't hurt. I like the interactions I can get with people, and the ability to reconnect with friends.

If you're not sure about Twitter, just Google "using Twitter for marketing" and you'll get a number of hits. Again, if you're hoping to get clients from Twitter, you're on the wrong path. Use Twitter to connect with others and share experiences, build relationships, ask questions, and gather news.

Blog

The only proven way I've seen to get noticed by Google is to update your content regularly. This means having fresh information, targeted to those you're seeking to attract.

Therefore, in my opinion, the only true way to do that is through your blog. The blog will add fresh content to your website that Google's little web minions can hunt for, devour, and vomit to the Google search servers for the world to find.

Pick a topic that relevant to your practice area, and explore relevant issues and problems. Perhaps a new case or statute came out that's going effect your clients. Write about that. The world is open for you.

"Kiss the Babies"

There's something to be said about the importance of "kissing babies." You cannot be successful if you're not out there meeting people in person. You can't build relationships and form networking bases if other attorneys and professionals don't know who you are. You build trust by mingling with others.

Don't become a "hermit attorney" who locks himself into the office and forgets to chat with others.

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.

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!

I Love "PMS"

You must have Practice Management Software or PMS. This revises my previous opinion, wherein I waffled somewhat in fully recommending PMS for your firm.

Recently, I had the unpleasant experience of dealing with an issue outside of my legal work. I had to resolve the issue by examining my PMS for notes, memos, etc. By having quick and easy access to the information, I quickly resolved the issues and was able to focus fully on my legal work.

Again, MS Outlook is great for managing mundane items (like calendaring) and tasks (like finding contacts) (see here for my praises). However, if you're going to be serious about managing phone calls, tasks, calendaring, voice messages, documents, correspondence, emails, etc., you need a practice management system.

I've tried to use MS Outlook to keep track of client data, such as messages and communications. After awhile, and if the case grows complex, the information gets jumbled. Plus, you have to remember to notate the discussion in the "notes" section, or you'll forget or lose the conversation.

Sure, there are some similar restrictions and flaws with PMS, although I don't think they're as severe. I think it's a little easier because you're already reviewing the file information, and notations are just as easy. Moreover, because all of the information is in a centralized location, you're saving time by not having to open multiple folders to find the right documents.

Finally, and hopefully, if there's ever a need to "save your bacon", PMS may provide that one extra tidbit that your case file and it's 5,000,000 documents is missing.

Save some money, get GV now!

I love Google. There, I said it. I'm in a passionate affair with all of the lovely features of Google.

Most recently I discovered Google Voice. This revolutionary service offers you a full-featured answering service, for none of the price. I just changed my office number to my GV number, and I LOVE it!

Here are my favorite features:

1. Transcriptions of voice messages
2. Downloading audio messages to specific client files
3. Saving audio email messages to specific client files
4. Being able to answer calls
5. A reliable call log of all phone numbers (inbound and outbound)
6. Ability to call from GV
   
7. All this for FREE!!!

GV is helping to expand my practice with its wonderful features. I'm not sure how this would work for a well-established practice, but since my practice isn't well-established, I was able to utilize the service for a small investment. My biggest cost was ordering new business cards and sending out notice letters to the clients and other contacts who don't use email.

If you're starting out, GV is a great option. It'll take a bit to get your number/invite, so GET GOING!!! GV is just one of the multitude of programs I use on a daily basis.

Here's a simple list of my daily programs:

1. Google Reader
2. Goog-411
3. iGoogle
4. Google Docs
5. GV
6. Gmail
7. Google Apps
   

Quick Tip

When you're a new lawyer, you're bound to screw up. It doesn't matter whether you work for the world's biggest law firm, or whether you're working on your own. There is just too much to know, and simple things get overlooked. Law school teaches you to think like a lawyer (but there's even an argument against that), while the actual daily grind is much different.

I received two pieces of advice when I first began practicing that have been more valuable than anything else I learned in law school. First, don't worry about making mistakes. There's very rarely an occasion where a mistake is going to be detrimental (statutes of limitations, deadlines, etc., being most important). Although most of the "stuffy" and older attorneys don't like to admit it, they probably did the exact same thing 30 or 15, or 3 years ago. While they're outwardly mocking you, they do have some sense of compassion. It's like that bully on the playground scenario: the kid mocking is probably the one most familiar with the problem.

Second, if you do screw up, don't do it again. People tolerate one innocent act, any more than that is just ignorance and stupidity. Do it too many times and you'll be labeled and your reputation will suffer. Again, there's a reason why some of the kids on the playground took more abuse than other, or why you keep getting mad at your kid for tracking mud into the house. Quite simply, we'll let one mistake slide, but we have troubles allowing more.

The best way to combat this is to create a "how-to" manual. Every time you complete a case or learn something new about the practice of law, you should write the method or rule down. For instance, I once handled a garnishment challenge where I claimed an exemption for my client. Not know true protocol (it was my 1st), I neglected to provide an income calculation and an expense list highlighting my client's burdens. The judge was kind enough not to ream me out there at the bench, although we wasted an additional 15 minutes discussing the client's income. Straight after the hearing I went to my office, pulled out my manual, and wrote: "Judge X requires income calculations for each claim for exemption." and  "DO NOT PRESENT A CLAIM FOR EXEMPTION WITHOUT DOING SOME BASIC MONTHLY CALCULATIONS. Here are the things you must calculate: (list of items)."

Since you'll only handle some cases very infrequently, or appear before some particular judge in some small county, it's nice to have this file to refer to. Be aware that since it's your "practice manual", you can add whatever information you'd like. However, I maintain one rule: never speak poorly about someone, no matter what (I leave that for my other "black book").

Remember too, having this book makes running your office (or practicing with a firm), much easier. Be sure to share the book with associates and staff. This will help create continuity within your firm, and allow you to build your procedures manual.

Finally, one consideration you may make is to utilize online services to manage your practice manual. I started building a MS Word document, but I disliked the lack of portability. Since I purchased an iPod Touch, I've started using Evernote. The program allows you to manage a tremendous amount of information and sync it among multiple computers. I like the handy iPhone app that can be used offline, and synced with the Evernote server when you're back online. 

Evernote is great for other things too. Check it out if you're not already using it.

Practice Management Software

There's a debate over at the Solosez list-serv about whether attorneys really need practice management software, or whether MS Outlook can do the trick.

Allison Shields has a great post, which effectively argues for practice management software.

I'm going to throw my hat in the ring, because I used to believe one school (MS Outlook is okay), and have converted.

Although I think you can manage your practice without the use of "PMS", you'll thank yourself if you use it. I recently (about 4 months ago) incorporated PracticeMaster into my business. I chose PM primarily based on price, but also because I tried the software and found it fit my needs.

Here is what I've found:

1. Outlook is a tough way to organize client notes, documents, files, and related parties. PMS allows you to easily document conversations with clients, opposing counsel, and 3rd parties. It eliminates "Post-it Note-taking", and merges the notes into the client file.
2. I no longer have 3 (or more) different documents to help task/track my clients. I used a combination of an Excel file, Word document, and yellow pad to make assignments, track the number of cases, and create necessary tasks. PMS gives me an organized list of my clients, the type of matter, and their contact information, in addition to any other information I need. The great thing too is that my email messages and documents get incorporated as "journal" and "doc" entries to review in the PracticeMaster program. It's unnecessary for me to flip between 3 or 4 different computer folders, files, programs or documents.
3. Cost savings. I purchased the "Basic" version of PracticeMaster because I felt I didn't need some of the extended features. I would recommend going for the Premier version of the program for 2 reasons. 1st: "PM Briefcase" to use on your laptop; and 2nd: Document Assembly. Although neither of these features has been vitally important, there have been times when I wished I had them. I chose the "smaller" version because for under $250 I could have 2 clients running (me and an intern/assistant), and the maintenance package. Talk about money well spent!

"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.

Valuable Resources

There are some resources that are simply too valuable for you not to take advantage of in your law practice. The ABA's publications for the Law Practice Management section are just those. This month's issue of the LPM e-zine, Law Practice Today, contains some helpful information for all individuals.

I found two of the articles, Using Windows on Your Mac, and How Much Money Do You Need to Start a Law Firm, very pertinent to my own practice. I also enjoyed, A Formula for Shy Attorneys, which gives some helpful tips to encourage everyone to be more outgoing in your practice marketing/networking.