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.

To Market Your Firm, Stay Away From The Crowd

I'm a HUGE, HUGE, HUGE, advocate of finding a way to "reinvent the wheel" when you're starting/operating your own law firm. I've discussed a variety of ways you can make yourself "popular" without blowing your operating budget. For me, Google Places is big.

In today's post from Jay Fleischman, he hits this topic squarely on the head. If you're following the crowd, you're always going to be following the crowd. I like this sentence from Jay's post: "They got there first, and have more money to spend than you do." That's the quintessential point that a lot of new solos don't realize.

You have to find the new avenues and marketing mediums (right now I'm trying to negotiate a sign placement in a local burger joint), to get your name and message out.

Marketing Successes

I like to get compliments, just like everyone else. More especially, I like compliments like, "your name is every where," or "did you know you're number __ on Google?"

Of course I know this, but it's certainly always nice to hear the compliment from someone else. I always politely respond with a simple yes, and "would you like to know how?" People are impressed by search position (remember when you used to be impressed by the back page of the phone book?).

My method isn't anything special or secret, nor do I spend a large amount of money paying to market my law practice. Moreover, I'm sure that if I did a couple of things differently, I'm going to pop my rankings even more, and turn over more search engine clients.

I've told you about my marketing efforts, but in case you're not faithfully reading this blog, you may check the posts here, here, here, here, here, here, and here.

The simple fact is, I spend less than $150.00 per year on marketing for my law practice, and I attribute 3 things to my successful marketing:

1. Actively blogging about important subjects - I believe that part of the task and success in raising your name to a ranking position on page 1 (this is important too) is constantly update your content with relevant subject materials. The search engine spiders go after fresh stuff.
2. Google Places - if you're not listed on the Google map, you're missing out on a free and effective marketing opportunity. Pick your core demographics (geographically and topical), and key in on those in your blogging/website.
3. Headway Wordpress Theme - while Headway takes some getting used to, it's a fairly simple program to use and create a website with. Wordpress is a phenomenal platform, so you can't beat the combination. Headway has great SEO options, which help get your name/content into the digital world.

Like I've said before, I'm not a marketing genius, nor do I claim to know the ins/outs of marketing. What I do know though is that these three things are the only things I'm doing different from the colleagues in my office. This is the stuff that's producing my results.

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.

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.

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.

Define Yourself, Define Your Practice

Merrilyn Astin Tarlton has a great piece in this month's Law Practice magazine. The article is titled, The Future of Law Practice: Figuring out your place in the race.

When I first started practicing, the number one advice key I continually heard was, "specialize." Every mentoring attorney told me that the key to keeping and attracting clients was to break from the mould and provide a unique service/specialty.

As Ms. Tarlton's article stresses, difference is the key to success. I think the money quote is this:

Face it, there are way too many lawyers for the shrinking universe of clients who are willing to pay what those lawyers want to earn . . . Competition can be a wonderful, exhilarating thing to those who understand how to compete in this world. For those who don't, or just choose not to, things could get very dicey in the coming years. And that's why - instead of twiddling their thumbs and trying to figure out how to tweak the pyramid - some enterprising lawyers are busy reinventing themselves and the way they practice. Shouldn't that be you, too?

 The article goes on to provide some very useful outlines to consider when remoulding or forming a practice. I'd suggest that you review some of the models and decide how you can implement one, some, or all of the techniques and outlines in your practice.

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.

Vacation Time

I'm taking some time this week to celebrate the holiday. As such, I took my family from Oklahoma to visit my in-laws about 1200 miles away.

The problem most solos discover is that if you're not at the office, the work isn't getting done. Admittedly, there are times I hate taking any vacation time because I know when I return, the work will pile up. I'm sure many of the self-employed feel the same way. The truth is though, you need to get away and have some vacation time to recharge and renew.

This trip has been wonderful, because I've been able to relax and enjoy family time, while tackling some issues with clients, potential clients, and opposing counsel.

The first "life-line" has been LogMeIn. The web-based application allows me to connect with my office server and review files, documents, and other important client materials. It's even better because the program is free. You get the full functionality of your office desktop, without having to be in the office.

My second safety-value is Google Voice. This program allows me to receive calls and disguise my cell phone number to connect with clients. I always try to avoid giving my cell phone number to clients because some tend to call your phone at odd hours, on holidays, or whenever. GV disguises the number to my office line, and rings their phone. I can get voice mail messages, and send SMS messages. GV is so good, one client thought I was in the office because I'd just spoke with him from my office number.

Finally, my practice management system, PracticeMaster, has saved me lots of time. I have full access to my cases and can note problems, discuss issues, and take care of business.

I have nothing to gain from any of these programs, except increased performance in my practice. I've discovered that you can enjoy some family time, and still keep an active tab on the processes in your firm.

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.

The Family & Friends Dilemma

There's a common question among all private practitioners about the practicality of representing your family or close friend in legal transactions.

The problem is two-fold: 1. Sometimes as an attorney (especially a new one), the only people that will hire you are your friends and family; and 2. The best referral sources for new clients are your friends and family.

There are some dicey waters when representing "kin," not the least of which is the issue of fees.

Most people are aware of the "family and friends discount." If you're not, it goes something like this:

Because we're (insert your relationship), that means that I'll get a "discount" (often interpreted as free) for the work you perform on my behalf.

I saw this happen to my father (a podiatrist) during each family vacation we took. Family members would expect him to perform complex or time consuming work, simply because he was "kin." I know that he didn't mind doing the small procedures, and I know he often invited family members back to his office to perform more complex work. The truth is, most professionals don't mind helping others because of relationships, the difficulty comes when you're also trying to make a living and protect your interests.

Therefore, I'd like to point you to a great article addressing some of the concerns and problems practitioners should consider before accepting the "family business." I think Mr. Baron's first suggestion about fees is especially important. I send a bill to my family/friends that reflects 3 things: my regular hourly/flat fee total, my discounted ("family & friends") fee, and the words, "Thank you for your business & our friendship."

I think we sometimes forget how important it is to thank our friend for their business. It's easy to forget that we're the ones choosing to reduce the fee, not the other way around.  My thought has always been, business in the door is always better than none-at-all.

Remember, most of the time your family member or friend is only looking for a "bargain," not free business. If you can provide that bargain, then you're going to get their business, if not, they'll finish the question and move on to another provider.

I'd like to know what you think about Mr. Baron's article and some of these issues. he addresses Do you add special "bargains" for family/friends/special clients, that most of the general populace pays for? For instance, I give my full estate planning package to my friends/family, and I also discount or "cap" my contingent fee on cases. Please comment.

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.

Twitter Marketing

Jay Fleischman posted this gem regarding Twitter on his Bankruptcy Practice Pro site. Jay is (in my opinion) the bankruptcy guru (see here for proof).

This post give an excellent analysis of using Twitter to your advantage. A lot of the older generation (and some young ones) are scoffing at Twitter and Facebook, because they seem childish or "stupid." If you're just starting out as a new attorney/solo, there's no better place to be. Twitter's a great way to get information quickly, and make sure you're staying ahead.

Workplace Visibility

There's a new article in the ABA Journal that at more BigLaw firms, young associates are opting for more time in the office, "being seen", as opposed to flexible schedules and part-time schedules. The reason: layoffs.

This got me thinking about whether face time is really that important. Obviously if you're a "home-office lawyer," then face time isn't important. How about situations like mine, where you're in a small firm or office-sharing arrangement?

I know that for some folks, being seen is as important as the work you're doing. We have one attorney in the office who quite commonly goes into each office at the start of the day to chat. He's the proverbial "social butterfly," and often imparts much wisdom. Another attorney is rarely in the office because of his demanding criminal/family law practice.

Both of these attorneys are quite successful, and each receives a fair number of referrals from attorneys in the office based on their specialties. I believe that your success then isn't necessarily based on the office time you're putting in, but rather, it's based on the connections you're making while you're at or away from your office.

Six Months of Productivity

Next week there's going to be a new flock of Oklahoma attorneys. In celebration of that event, I've decided to show you my balance sheet beginning from October 1, 2008 to today. You'll see I haven't made great money, but I've been able to pay the mortgage, a car payment, utilities, and feed my 2 kids. If you'd like some advice on how I've done it, check out this post.

ABSOLUTE LEGAL SERVICES, LLC - PROFIT & LOSS SHEET (Oct 1, 2008 - April 8, 2009)

Ordinary Income/Expense
Income
Hourly Fees 2,986.28
Legal Fee Income 17,898.87
Uncategorized Income 196.01

Total Income 21,063.16

Cost of Goods Sold
Subcontracted Legal Services 107.66
Total COGS 107.66

Gross Profit 20,955.50

Expense
Advertising -19.87
Automobile Expense 133.75
Bank Fees 254.40
Business License & Permits 100.00
Computer & Internet Expense 717.00
CLE 40.00
Dues & Subscriptions 50.00
Insurance
Professional Liability 275.95
Meals & Entertainment 146.20
Office Supplies 399.42
Postage & Delivery 119.28
Printing & Reproduction 15.00
Reconciliation Discrepancies 1,786.41 *Note: be more detailed on CC tracking
Rent 0.00 *Note: I save a lot b/c of my arrangement
Repairs & Maintenance 32.17
Research Services 240.00
Telephone Expenses 582.67
Travel Expense -29.70
Utilities 247.40

Total Expense 5,090.08

Net Ordinary Income 15,865.42

Other Income/Expense 84.95

Net Other Income -84.95

Net Income 15,780.47

Here's a few notes on the list. It's a little skewed because I just had (April 6) a significant contingent settlement that netted a large portion of the amount. I've noticed that a few of the numbers (ie "utilities") were misplaced and now are in their correct category (telephone). Also, you'll note that there's no student loan payments, poverty has it's advantages (said with jest and a smile). Those have to be considered in your solo decision.

For 6 months, I'm particularly satisfied. If I closed the practice today, I'd average about $2,600 as a monthly paycheck. Right now, that's only $31,000 per year. Sure, I could make a lot more working for someone else (maybe), but I'd have to sacrifice some things to do it.

The greatest thing I've seen is that you can do it, but you have to be smart. If you let yourself get carried away (I have on some things), you're going to burn.