Solo Practitioners

Who Will Take Care Of Your Clients When You Can’t?

Real freedom of time is the holy grail of solo practice. How can you work with your colleagues to find it?

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You’re a solo practitioner. It’s approaching summertime and you want to take a well-deserved vacation with your family, whether a beach on an isolated island, hiking the Grand Canyon, or a tech-free staycation. Or there is an unexpected emergency which leaves you incapacitated for a length of time. Or you’ve just had your first child and want to be home for the first eight weeks. Regardless the reason you want or need to be away from the office, the question remains: “Who will take care of your clients?

Coverage in an absence remains a very real concern for most solos as well as the clients who hire these solos. According to the recent Census, 73.7% of all private practice attorneys in the United States are in law firms of “1 – 4 employees.” More than 52% (give or take a percentage or two) of all private practice attorneys are solo practitioners. Therefore, there is obviously a workable solution to these very real life situations, or more than half of all attorneys in private practice would be unable to take a vacation, have surgery, or be home for their newborn.

When you made the decision to be a solo practitioner, you made the conscious decision to own and operate your own business. You deliberately opted out of receiving the few remaining (and quickly diminishing) benefits of being an employee. As your own boss, you realized you have to network with other attorneys for a variety of reasons — referral work, peer-taught legal education, and camaraderie. Another significant reason to network is to create a coterie of other solos or small-firm practitioners who will cover for you should you need to be away from your office for personal reasons. (This, by the way, is one of the main reasons attorneys feel they need a partner. It is also a very poor reason to have a partner.)

In the instance of a planned vacation for a finite period of time, you will have advised your clients of your absence, rescheduled any courts appearances, and any crises will be directed to a fellow lawyer you trust to handle your clients in your absence (because, naturally, you will have offered reciprocal coverage to this lawyer). But most importantly, when you first took on any of your clients, you will have advised them, whether they asked or not (because it will always be in the back of their mind), that should you, for whatever reason, be unable to attend to their matter, you keep a meticulous file documenting everything pertinent to their case which will be entrusted to a fellow lawyer whom you work with on a regular basis. This understanding between you and your client will have been established at the time of your being retained so there will be no surprises.

Should you have an extended absence due to an emergency, you will have created the same relationship with another lawyer for this type of event. The difference, however, is I recommend you have a written agreement with this lawyer regarding handling your clients, any payment of fees for coverage, and/or permanent transfer of files if needed depending upon the length of your absence or incapacity (remembering that clients are “at will” and could leave you for this lawyer permanently, regardless of any arrangement). Any other terms of “temporary” representation you and the other attorney agree upon should be incorporated as well. Yes, there are many details and considerations, but this brief list gives you a flavor of the possibilities which could surface as you operate your solo practice.

You will also have to expect to lose some new business. I went into labor with my son two weeks earlier than expected and it happened so quickly (thank goodness) there was no opportunity to make arrangements over the next 24 hours. On the unplanned day of delivery, I received two new client calls. I returned the calls the day I came home from the hospital, but the potential clients had moved on. Had they called when I was supposed to deliver, I would have had coverage. You will lose some business. That’s life.

When a client wants you, this is their thought process: “I need an attorney now.” “I called you.” “You weren’t available or you didn’t call me back quickly enough (or give me a satisfactory reason to wait).” “So, I called the next attorney on my list.” “I don’t need you anymore.” Therefore, you need to have a mechanism in place to address your client’s sense of urgency even when you are not available.

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When I was practicing, I had a relationship with one fellow solo with whom I fielded potential client problems, filled in on emergency short calendar motions, and also interviewed her potential new clients at her office while she was away or on trial, and secured the representation for her when she returned. I collected the consultation fee for my time, and she retained the client. Why miss out on new business or disappoint a potential client who came as a referral simply because you are away or unavailable? You don’t have to lose business or eliminate a vacation if you are smart about it and respect the urgency your client feels. Of course, you must have a very trusting relationship with the lawyer you choose to have cover you and vice versa. However, once you have your system in place, you can, as a solo, take time to enjoy life, too. This is why networking with other solos and small firms is key to your success both personally and professionally. It allows you to maintain your business, integrate with your peers, and keep your sanity.

We are in a service business. If your clients are serviced without compromise, it doesn’t matter if you are a solo or office of 1,000 lawyers. With smarts and creativity and solid relationships with trusted colleagues, you can function in the eyes of your client and the legal community as a larger firm without all the complications of a professional marriage. You will have found the holy grail of solo practice — real freedom of time.

Susan Cartier Liebel is the Founder and CEO of Solo Practice University®, an online educational and professional networking community for lawyers and law students who want to create and grow their solo/small firm practices. She is a coach and consultant for solos, an entrepreneur mentor for LawWithoutWalls.org, a member of the advisory board for the innovative Suffolk School of Law – Institute on Law Practice Technology and Innovation, an attorney who started her own practice right out of law school, an adjunct professor at Quinnipiac University School of Law for eight years teaching law students how to open their own practices, a frequent speaker, and a columnist for LawyersUSA Weekly, The Connecticut Law Tribune, The Complete Lawyer, and Law.com. She has contributed to numerous legal publications and books offering both practical knowledge and inspiration. You can follow her on Facebook, Twitter, LinkedIn, and Google+, and you can email her at Scl@solopracticeuniversity.com.

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