Hot Solo And Small Law Firm Practices In A Trump Presidency

There's a lot of legal work ahead in the Trump administration.

White House photo by David LatPresident-elect Donald Trump may have run big businesses — but that doesn’t mean that only Biglaw will benefit from some of the hot new legal practice areas for large firms expected to emerge under a Trump administration. Below are some of there practice areas likely to be in demand for solo and small law firms.

Immigration Law Solo and small law firms specializing in immigration law will have their work cut out for them under a Trump administration. Trump’s plan to deport three million undocumented immigrants — a half million more than under the Obama administration — will increase demand for lawyers to handle deportation cases. And Trump’s immigration reform efforts are likely to extend to employers , who will also need immigration counsel to deal with an expansion of the E-Verify system and more aggressive enforcement of laws prohibiting hiring of undocumented workers .

First Amendment, Defamation and Libel Law Trump has repeatedly denounced libel law for offering too little protection against insults and false claims by the media — and has shown that he’s willing to threaten libel suits against the New York Times and Senator Harry Reid, and has been undeterred by sanctions from bringing defamation claims. Even Melania has gotten in on the act, with her own libel lawsuit against a Maryland blogger. And while it’s unlikely that as President, Trump will actually continue to bring libel suits (at least let’s hope not) or change libel laws to afford more protection, Trump’s apparent distain for the First Amendment and the press will no doubt embolden others to bring defamation claims — and trigger the need for First Amendment lawyers — who are often solo and small firm lawyers — to defend against them.

Fifth Amendment — Eminent Domain Trump has big plans for substantial infrastructure development that will likely require the acquisition of private property, potentially through eminent domain — which Trump has shown a penchant for abusing. So solos and smalls who practice eminent domain should stand ready to protect one of the most forgotten amendments: the Fifth Amendment prohibition on eminent domain for private gain.

Cyberbullying With racial incidents on the rise in the wake of Trump’s election, it’s reasonable to assume that many of these threats will take place online. Targeted groups — whether religious or racial minorities, women, the LGBT community — will need lawyers to help them seek protection from, and recourse against these aggressors, while employers will need guidance on implementing monitoring and other oversight to avoid liability for their employees’ conduct and to maintain a safe work environment.

Student Loan Lawyers The financial aid game for colleges will change under a Trump administration — and surprisingly, not always for the worse. Although many federally-backed loan programs may be privatized, at the same time, Trump is likely to retain existing loan forgiveness programs. Student loan lawyers (yes, there is such a practice area, populated mostly by solo and small firms) can expect an increase in work from existing borrowers seeking to navigate the new laws. And, if student loans are privatized, additional opportunities may arise for lawyers to help borrowers seek relief in bankruptcy — which is unavailable for government loans.

Business Formation Law Solos who form corporate structures and LLCs may find additional work as the result of Trump’s new tax plan, as there may be significant benefits to forming an LLC — even for individuals. As Forbes reports, Trump intends to slash the tax rate on corporations down to 15 percent, a policy expected to apply to limited liability companies as well. The article reports that many individuals currently operating as sole proprietors or contractors may want to set up an LLC to take advantage of the tax credit — and they may need a lawyers for that.

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Marijuana Law OK, Trump isn’t expected to legalize marijuana on the federal level — nor is he expected to intensify enforcement either. But with eight more states adopting election day referendums to legalize recreational and/or medical marijuana, as I discussed here, expect growing demand for lawyers to either help investors and entrepreneurs navigate the new industry.


Carolyn ElefantCarolyn 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 practicesocial 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.

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