Last week I received a message from a new attorney asking about joining a solo practice. He felt it was a good offer in terms of benefits and pay. And because this lawyer had done some research, he was aware that this was an anomaly. An experienced paralegal is usually more valuable to a solo practice than a brand-new baby lawyer.
This lawyer wanted to know what research to conduct and what questions to ask in order to get a feel for the practice. A wise decision, because while it may be tempting to take any job that comes your way in this job market, you also don’t want to be taken advantage of. I had a number of suggestions for him.
- See if you can find out about their reputation in your local bar community. Are they well thought of? Scorned? Do they churn through a new associate every couple of years?
- What type of mentorship/training will you receive?
- Will you be working closely with the attorney or are you expected to be up and running all on your own on day one?
- What type of support staff will be available to you?
- What will be your billable hour requirements (if applicable)?
- Ask about the workload that you are expected to shoulder. What is a common workweek for the lawyer? 8-hour days? 10-hour days? Regularly there on the weekends?
- Can you get along with this person? Really try to get a feel for their personality. You are going to be spending a lot of time with them. If they’re not someone you can see grabbing a beer with, it’s probably not going to work out.
- Are you expected to assist in business development? Will you be part of the marketing of the firm? Going to events, participating in bar functions, speaking, writing, etc.
- If not, will the lawyer permit you to engage in your own business development in ancillary or adjacent practice areas to the lawyer’s in order for you to be able to develop your own book of business to contribute to the firm?
- Probably a bit aggressive to ask, but what would your future with the firm be? Does the lawyer expect to take you on as an associate for a few years and then let you spin out on your own and take on another new lawyer? Is there a potential for an equity stake in the firm down the road?
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All of which are important aspects of joining a solo or small practice. I especially emphasized number eight, the ability to assist in business development, because otherwise you’ll just end up as a replaceable grinder. Having a book of business is an essential part of being able to gain equity in a solo or small practice firm. Without it, whoever does control the firm can just replace you with another fresh law grad a few years down the road.
If you’re a brand-new grad and not a lateral moving into a new firm with 1-3 years experience, then it is also incredibly important to focus on number two, receiving mentorship and training. If you want to develop into a good lawyer, mentors are absolutely necessary. As you start out your career, you don’t know what you don’t know. You will need someone to offer a guiding hand and bring you up to speed on how to actually practice law, because we all know they don’t actually teach you that in law school.
You’re also going to need to put your ego aside when you join a solo or small firm as a new lawyer. If there are paralegals or secretaries, they absolutely know more about how a law firm runs than you. Sure you’ll be a lawyer and they are there to support you, but that doesn’t mean you should think you know more than them. Be open to advice and information from everyone.
You should also expect a fair bit of criticism when you start out at a new firm. It might sting your pride but criticism is a necessary part of becoming a good lawyer. Again, as a new lawyer, you don’t have a metric by which to judge your own performance. You will have to rely on other people’s assessments of your writing, briefs, depos, and arguments. When someone offers you criticism they are providing you an opportunity for growth. With the right mindset, criticism is a gift – make the most of it.
Working at a small firm has its pros and cons. You’ll likely be able to get to more advanced work than you would get in a larger firm. But you will also be expected to be up and running on your own much faster. Large firms will have professional development programs in place to help bring new associates along. At a small firm, you’ll get whatever a partner gives and after that you’ll largely be left on your own for any type of professional development.
Ultimately, being with a solo or small firm is about taking initiative. If you are the type of person who is comfortable with forging their own path and you have an entrepreneurial spirit, than joining a smaller firm is likely a good choice for you. But if you’re the type of person who just wants to be another worker bee, you’re likely better off going somewhere else.
Keith Lee practices law at Hamer Law Group, LLC in Birmingham, Alabama. He writes about professional development, the law, the universe, and everything at Associate’s Mind. He is also the author of The Marble and The Sculptor: From Law School To Law Practice (affiliate link), published by the ABA. You can reach him at [email protected] or on Twitter at @associatesmind.