A few weeks ago, I casually mentioned to my daughter, a college junior, that I’d come across a couple of job openings online seeking students 18+ to staff several inaugural activities, with pay starting at $20/hr. Even though my daughter had been hoping to earn some cash over her extended winter break, she demurred, reminding me that engaging in any activity that would support the new administration ran counter to her principles. “Principles don’t pay college tuition,” I grumbled — in one of those cringeworthy moments when you realize you’ve now become your mother. Still, the conversation made me wonder: can solos and smalls afford to be principled?
In a polarized climate, it’s important for lawyers to consider this question. After all, once retained by a client, we’re ethically bound to act as zealous advocates. So if a client’s politics are so odious that the lawyer’s ability to represent the client is compromised, then the lawyer shouldn’t accept the case to begin with.
Still, that’s easier said than done — particularly when rent is coming due and the client is willing to plop down a five-figure retainer. And while some lawyers may assume that self-selection rules out the possibility of being retained by a client with contrary views (for example, would a male chauvinist hire a female attorney?), sometimes, a client may choose an attorney precisely for that reason. Think, for example of the company accused of gender discrimination hiring a female lawyer to lead the defense. While no lawyer wants to be a token, isn’t there a price at which it might be worthwhile especially for a solo or small firm lawyer going through a dry spell?
Of course, principles cut both ways — a lawyer may decide to represent a distasteful client, only to learn that other clients no longer wish to use the lawyer as a result. This risk is heightened for solos because there’s no one else to blame for the decision. By contrast, at a large firm, if one partner represents a client that other clients dislike, the other partners can at least try to disassociate themselves — as apparently is true at some of thelarge firms advising Donald Trump.
As for me — well, even if my daughter doesn’t believe it, turns out I do have a line in the sand, even if truth be told, I hadn’t realized it myself. A few years back, a Biglaw partner invited me to lunch to discuss possible opportunities to work together. He knew about my work defending landowner property rights, and was impressed by my ability to build this work into a practice. Then came the ask: would I consider joining the firm, switching sides and using my skills to help attract big gas and oil companies. Without even a pause, I told him that I was flattered, but that I couldn’t abandon my landowner clients.
Although for many solo and small firm lawyers, principle is a luxury that we can’t afford, we need to keep in mind that at some point — different for each of us — compromising our principles can cost us our soul.
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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 [email protected]or follow her on Twitter at @carolynelefant.