What Biglaw Associates Can Learn From Solo And Small-Firm Lawyers
Open your mind and see what others have to teach you.
If you’re a Biglaw associate who’s just read this article’s title, you’re probably trying to figure out what the heck a lowly small law practitioner like me can teach you about succeeding as a law firm associate.
After all, you probably think that most solos churn out form documents for simpleton clients who need help with run-of-the-mill problems like estate planning or divorce or landlord-tenant matters. Whereas you, a law firm associate, grapple with earth-shattering matters of first impression and must satisfy not only sophisticated business clients but also demanding law firm partners. And for goodness sake, you’re billed out at an hourly rate that matches or exceeds what most solos charge. So what secrets of success can you possibly learn from us?
Plenty. But before we get started, you’ll have to dispel your negative impression of solo practitioners. First of all, you may not realize that many solos handle complicated, traditionally “Biglaw matters,” such as tax, corporate transactional work, regulatory matters, and complex litigation. Even solos with consumer-oriented specialties like criminal law, consumer credit, bankruptcy, or family law regularly encounter constitutional issues or dissect tricky federal and state statutes. And while solos may charge less than a Biglaw associate, because of lean staffing and low overhead, they also pocket a larger percentage of that $300/hr billable (as much as 80 percent of it) than you do.
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But most importantly, not only do solos deal with substantive issues, they do so while overseeing office administration, managing employees or virtual staff, and constantly marketing their practice. Put another way, solos are the Ginger Rodgers doing everything you Biglaw Freds do, only backwards and in high heels. The point is that once you begin to view solos not as loser lawyers who couldn’t cut it in Biglaw practice but as a blend of independent lawyer, team manager, and entrepreneur, you’ll appreciate how solos’ secrets of success can help you too.
1. Own It!
The first secret of solos’ success is that we don’t merely work at our firm; we own it. Every action that we take — or don’t take — directly impacts our own bottom line. So early on, we learn to assume full responsibility for our caseload, our clients, and our destiny. Most likely, you’re well acquainted with the mindshift that ownership brings. For example, you’re more likely to fill the car that you own with premium gas than the rental that you drove on vacation. And if you own a home, you probably invest more resources in its upkeep than you did in the apartment that you rented in law school.
Granted, as an associate, you don’t own your law firm and you probably don’t even own the clients whose matters you handle. Nevertheless, you need to act as if you do to succeed. Ask yourself — if this were your law firm, would you send out a poorly proofed or ill-formatted document to a client because it was only a draft? Of course not — because you’d realize that it would reflect badly on your firm.
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Likewise, if you assigned your law clerk to research a memo and he returned with a skeletal list of citations, would you be satisfied? Probably not — so don’t expect this same substandard work product to satisfy your current superiors. If you act as if you own the place, perhaps some day, you will.
2. Get What You Need No Matter What
We solos have no one to rely on but ourselves. We must exercise our professional, independent judgment to determine what we need to effectively and zealously represent our clients — and then stop at nothing to get it. That may mean asking a series of stupid questions to a colleague or perhaps even hiring a more experienced lawyer to help out on a case. It may mean demanding, repeatedly, that a balky client tell the truth about an incident so that we can evaluate her case and establish a suitable strategy. It may mean standing firm before an insulting, nasty judge to make sure that we properly preserve an objection for appeal.
Just like us solos, as an associate, you must figure out what you need for a case and get it at any cost. If you believe that you can’t meaningfully research whether your client’s contract was supported by legally sufficient consideration without reviewing the contract itself, then you must insist on getting a copy. If you know that it will take you at least five full days to summarize the past five years’ worth of employment discrimination decisions issued by the Second Circuit and the partner says he wants it in three, then demand more time and back up your request with a persuasive argument. There’s no sense in sabotaging yourself and producing less than your best work because you didn’t seek out the resources that you determined were necessary to succeed.
3. Build Relationships, Not Contact Lists
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No doubt, as a solo, my contact list comprises an important part of my marketing efforts. With an email list, I can blast press releases about a recent victory or forward a link to a recent blog post. But while contact lists keep me loosely connected with a large group of existing clients and remote prospects, the bulk of my business comes through referrals from close working relationships that I’ve cultivated over the years.
The same holds true for building relationships in your firm. While it’s nice to know everyone, it’s nicer to form deeper bonds with a handful of partners and associates with whom you share common goals and values. They’re the people who will go to bat for you — and have your back even at times when the firm doesn’t.
4. Different Ways to Skin A Cat
Like Jack who jumped over the candlestick, solos are nimble and quick. The legal and economic landscape changes constantly, sometimes diminishing our fortunes (as is the case for real estate lawyers in recession), but always presenting new opportunities (as is the case for bankruptcy lawyers in recessionary times). The most successful solos monitor these trends, ever poised to find ways to capitalize on potentially lucrative areas.
Likewise, when we realize that one business model is broken, we don’t just throw more resources down the drain, but instead, figure out a way to tweak it to find success. In my own case, after years of waiting for the marine renewables energy industry (one of my practice specialties) to advance, I realized that it wasn’t happening. So I took my knowledge of energy law and renewables and began representing companies developing wind and solar — industries where there’s more action.
As an associate, particularly a young associate, you may find yourself squeezed out of sexy practice niches or interesting opportunities. However, the possibilities remain endless. Instead of fighting with others for a middling position on a project, why not scope out your own business opportunity and start blogging about it? Or better yet, why not ask to interview firm clients for your blogs — which will give you first-hand access? Or you might organize a monthly networking event for young lawyers or women or lawyers of color who are interested in a particular practice area. By taking the lead, you become the go to person instead of remaining the low man on the totem pole.
In short, don’t assume that you need to wait quietly in line for your chance to get the contact or experience that you crave. Instead, like us solos, search for opportunities and figure out shortcuts or alternative approaches to capture them.
5. Learn In the Most Unusual Places
Most solos are sponges, soaking up lessons on client service and marketing from every day circumstances. Every time I thumb through the ads in a magazine or observe how a restaurant waiter deals with an obnoxious patron, I ask myself whether I can apply any of those lessons to my own practice. In fact, some of the most outrageously successful solos borrow their marketing and business ideas not from conventional lawyer-marketing gurus, but from copyrighters, advertisers, and entrepreneurs who’ve found success in other venues.
As an associate, you should do the same. If you represent a successful businessman, pump him for information about his business, his goals, and what keeps him up at night. The information will help you better serve him but will also give you insight into how you might advance your own career. Likewise, if there are a few charismatic partners at your firm whom you admire, observe them closely and see if you can emulate their mannerisms, their dress, and work habits.
Most of all, don’t reject advice out of hand. In most cases, even the worst suggestions generally obscure a worthwhile nugget if you’re willing to dig deep enough. That includes advice from well-meaning friends, from a spouse, or that old, seemingly senile law partner emeritus who constantly reminisces about the good old days when law was a noble profession. And believe it or not, even advice from a lowly solo like me.
Carolyn Elefant has been blogging about solo and small firm practice at MyShingle.comsince 2002 and operated her firm, the Law Offices of Carolyn Elefant PLLC, even longer than that. She’s also authored a bunch of books on topics like starting a law practice, social media, and 21st century lawyer representation agreements (affiliate links). If you’re really that interested in learning more about Carolyn, just Google her. The Internet never lies, right? You can contact Carolyn by email at elefant@myshingle.comor follow her on Twitter at @carolynelefant.
