More on Diligent Duty

There's a great article today on the Law.com site written by Adrienne Bond about important habits for every lawyer. The article is titled, 10 Habits Every New Lawyer Should Learn. I think the habits go as good reminders for old attorneys too.

As I stated before, part of becoming a good attorney, is learning diligence and details. Ms. Bond's article is a great affirmation of that principle.

My money quote, because it's so simple and effective:

Print out the final document and proofread back to front. 

Lawyers miss more errors when reading a document on a computer screen than they do after printing it out. Proofread and spell check the final document, then print it out. Then read it from end to beginning. When going over a document from beginning to end, the reader can skip obvious mistakes, especially when she wrote the document. But starting from the final sentence, moving backward and reading each sentence in isolation renders the document alien. It prevents expectations from intruding on perception. Errors become easier to notice. 

Take a minute to read the article, you'll be glad you did. 

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.

6 Months

I've been practicing law, and in my own firm, for 6 months now. Of course, anyone who tells you that solo practice is the best decision right out of school is probably bluffing. Its been a good decision for me, although it's certainly a lot more comforting to know you'll have a paycheck each week, like clockwork, I'd hesitate changing what I'm doing. You can't beat deciding that an afternoon spent at the zoo, a movie, or the park with your family takes precedent over any type of law work.

For me the solo choice was a no-brainer (see here). It's quite easy to pick your "poison" when you're only given one choice.

Thus far, the greatest thing about solo practice is being able to manage and do the things I want to do. I'm getting ready to enroll in Solo Practice University, to help me develop ideas and build my practice. I'm also involved in religious and public legal networking forums to help develop relationships.

As always, if you're interested in getting advice, tips, etc. regarding my first 6 months or my progress to solo practice, drop me a line. You can also follow me on twitter: @absolute_legal. I post regular legal and nonsensical stuff.

As the February examinees are sworn in, I wish you all good luck. I hope you find much satisfaction in the practice of law.

I'm Solo by Choice (or Force)

I get quite a fair number of questions from new or soon-to-be attorneys about starting their own practice. Most of these new entrepreneurs are concerned about the state of the economy, and the potential exposure to a future catastrophe, if they join a firm. Being a relatively new attorney myself, I think these lawyers find comfort in the idea that someone else is doing it, and he's surviving. I don't know whether very many of them are truly seriously considering the solo option, most are "just considering it if something else doesn't come along."

Well, my first response to that is, "what will you do if something doesn't come along?" I think a lot of people are hoping to have something nailed down, but in reality, there's still far too many people who graduate, pass the bar, and remain unemployed. I don't know about you, but I didn't go to law school and incur a large debt just to find a job waiting tables at the local Texas Roadhouse restaurant. I knew I needed money, or some kind of career immediately, so I branched out on my own. I started Absolute Legal Services, LLC, and couldn't be happier. While I'm not bringing in the large (and stable) paychecks an associate does, I have the freedom and security that I was looking for.

I wrote about my suggestions previously, I still endorse those, and add one more: in this endeavor, you're captain, cook and chief toilet scrubber, get used to it. If you can't/don't want to type your own letters and lick your own envelopes, this probably isn't a good fit. Also, always remember, you can be pretty picky with your cases/clients at the beginning of the month, but by the end of the month, you're willing to do just about anything that pays some money. However, never forget that you have an ethical responsibility to be competent at every case (this doesn't mean you know what you're doing when you start), and if you can't, you'd better get help.

I'm heading into my 6th month of active practice. Time flies! Take every advantage that you can to create your own personal happiness.

The Collapse of Big Law

Sorry for the delay in posts. Things have been gathering steam in my own law practice, and like any good marketer, I'm chugging away writing for the firm's blog.

While my practice seems to slowly be building, others in the profession are not so lucky, especially those in big firms. It seems my daily feed from the ABA Journal is almost continually filled with stories about big law layoffs, like this one. The tragic thing is that some of those individuals have limited or no experience being a lawyer, and now face the challenges of finding work with the other 5,000 souls doing the same thing.

I have a friend who works for a corporation in a position he thought would lead to an advancement and an eventual career practice. He recently discovered that his aspirations are being cut short as the company is freezing all hiring and promotions. He's now stuck in a position he hates, and a job that gives him almost zero practical legal experience. His solution is to try and negotiate new employment, without the benefit of any real-world lawyer experience.

My friend's experience matches those of a lot of young attorneys who are seeking changes in their careers, or are faced with the shocking reality of the job market. I have a constant flow of young lawyers or law students who seek advice from me regarding their futures.

I think these individuals are looking to me as their exemplar to gauge how well they can make this leap into solo practice. I have 2 children, a mortgage, car payments, and all of the other expenses you can see piling up on somebody, so to these folks, it's a pretty good measure of their ability to succeed.

In light of that, I'll offer a generic feed of advice to all those who are stalking around, seeking to know how a 32 year-old, father of two, manages to survive.

First, never (well almost never) would I have made this leap without the support structure I have in place. I opened my practice in the same office, with the same people, I'd clerked for and worked with during law school. Therefore, I knew when I graduated from law school I'd have a series of mentors and other attorneys who would support me, advise me, and generally enable me to quickly acquire the knowledge and skills I'd need to be successful.

Moreover, I also had an arrangement during law school where I began working case files, with the understanding that upon passing the bar exam, I'd share in a portion of the proceeds from those files. During my last semester of school, I worked those files into positions where they would settle or be close to settling during my first few months of practice. This would enable me to build clients of my own, while having a steady stream of income for the months of starvation.

Second, I made myself extremely valuable to the attorney I sub-lease from. I used my knowledge of computers to negotiate a fair reduction in rent, which has enabled me to put money into other tasks. I act as the office on-site computer technician in turn for the rent reduction. Obviously, once my practice picks up, and I have a steady stream of income, I'll drop this arrangement. For now though, this is a considerable savings each month.

Third, I use every opportunity I can to learn specific practice areas (i.e. bankruptcy, wills & estates, consumer law) that I think will be the next "gold mine." I use my ample amounts of free time reading articles, talking to other attorneys, and volunteering my time in "special projects." I believe that if I acquire enough experience (any amount is better than none), I'll have an increased amount of business from referrals and other sources. This marketing/education method is beginning to pay off in a short few months as more of my contacts are trusting me with clients in these specialized areas.

Fourth, I listen to everyone, and try to ask a lot of questions. I can't stress enough that I knew next to nothing about the actual practice of law, and what I did learn during my time as an intern was particularized to one area, litigation/personal injury. What I realized quickly was that it's very difficult to survive in a litigation-only practice, unless you're an experienced attorney.

Therefore, I needed to find other niches where I could make money, while the "bread and butter" litigation cases waited to turn. In turn, I also found that these niche areas also were particularized and often followed quirky rules, procedures, and other things, I didn't learn about in school. Question-asking was very important, and listening to the responses was even more important. By asking and listening, you show your counselor that you're willing and able to take the advice. More importantly, you show him/her that you're humble enough to recognize difficult areas, and you're seeking their expertise and good sense. You've built a mentor-mentee relationship, and a guaranteed source of future referrals.

Fifth, read everything about running a business, marketing, law practice, finances, etc. Blogs, ezines, books, emails, everything you can get your hands on. There are some brilliant people who have done/are doing exactly what you're contemplating. Sometimes, just reading their advice can give you encouragement to continue. Most of the time, you'll find where you can reevaluate your business model and make changes, both personally and professionally. By the end of those days you're alone in your office, you should be sick of reading. Now is the time to develop that knowledge. If you can't, then ask yourself, "what else am I going to do." If there's something else (not surfing the internet for deals on eBay or playing solitaire), do it. Most of the time there isn't, so read.

Finally, (or finally on my list now), you must have someone who will support you in the lean times. I have a wife who recognizes and appreciates my goals and desires, and is willing to sacrifice some of her wants in order to help me succeed in this endeavor. We have spent countless hours discussing options, goals, plans, etc., with the hope of understanding the future. You must have a spouse, relative, significant other, special teddy bear, or whatever, who is willing to support you in this struggle. You should not have any loft ideals that solo practice is easy, because it isn't. There's a lot of days worrying about the phone, clients, your bills, your family's financial safety, and whether you were an idiot for trying. I can't say that it gets any easy, it hasn't. What I do advocate though is that by knowing there's another person fighting with you for success, you're going to tackle (literally) whatever problems you face.

So, if you're one of the countless number of students, new admits, or recent fires seeking work, consider the solo/small firm option. You're always more than welcome email me with questions or comments regarding solo practice.

Sworn in, and ready to go

It's official, I've joined the ranks of the elite (or slimy depending on your views.)

I attended the new lawyer swearing-in ceremony on Thursday at 9:00 a.m., performed by the Oklahoma Supreme Court. This was a pretty fantastic experience.

On Thursday at 10:30 a.m., I opened the doors to my new law firm, Absolute Legal Services, LLC. It's a scary and exhilarating feeling, but I think I've found some direction, and I'm going to get where I need to go.

If you have any advice, I'm certainly up for hearing it.

Some great advice

Susan Cartier Liebel publishes the Build a Solo Practice, LLC blog. Today's post which gives adivce regarding first-time lawyer tips and tricks is excellent.

Although she directs her blog toward solo practitioners, the tips she gives would got well for everyone. Thanks to Susan for her robust (and sometimes "gritty") analysis of the legal profession.