Small Law Firms, Solo Practitioners

Are Legal Incubators the Best Way to Start A Solo Practice?

The much-ballyhooed concept may not help solos as much as it likes to think.

By  
on

iStock_000013298318SmallEver since I learned about concept of the Legal Incubator , about a decade ago, I’ve been intrigued. For those unfamiliar, legal incubators — the brainchild of ABA Legal Rebel and law professor Fred Rooney — first launched about a decade ago based on a simple but utterly ingenious concept: the incubators provide new law grads with subsidized or free office space, amenities, training and mentorship — and in exchange, these new lawyers commit to providing low-bono legal services. At the end of the program (the durations seem to vary from one to two years), the incubators unleash these now experienced lawyers out into the world to start their own practices.

Slow to gain traction, legal incubators began hatching at a record pace with the 2009 financial downturn, when law schools were desperate to place new grads. Originally operated by law schools as a benefit for new grads, now bar associations and a couple of non-profits are opening incubators as well. Just this week, I came across this Hartford Courant article about a Connecticut incubator operating out of non-profit space, and a Minnesota Lawyer piece on an attorney who shepherded the Twin Cities’ first incubator from concept to cubicles. Today, there are approximately 62 incubators nation-wide, according to the frequently updated ABA Legal Incubator Directory .

I’ll be the first to admit that on paper, solo incubators sound like the best of both worlds for those seeking to start a solo practice. Lawyers selected for incubator programs pay low or no rent, and can start their solo journey side-by-side with others similarly situated. Factor in access to experienced lawyers who can provide guidance on the practical side of law (pricing, marketing, and how to format that pleading), and a little bit of social justice in the form of serving needy clients, and the incubator emerges as a win-win for everyone. What’s not to like?

Well — I’m glad you asked. While I celebrate the success of legal incubators because they’re one of the first trends in forever to focus on solos, at the same time, I’ve always harbored reservations. For starters, I questioned whether an incubator that couldn’t figure out how to pay for office space when it lost its free digs could teach students how to run a profit-making practice. Which brings me to my second point which is whether lawyers starting out in incubators learn to make the kinds of tough business decisions that work-a-day solos have to make every day. For example, a lawyer with heavily subsidized rent can afford to take on clients who are pay risks — whereas a solo supporting a family cannot. Likewise, a lawyer can justify the 25 hours spent drafting a motion for a protective order for a domestic abuse client with the thought that the work is for a good cause, whereas a lawyer running a real practice would go out of business.

Moreover, given that one of the goals of the incubators is to train lawyers to succeed in solo practice while still serving underserved populations, are the incubators succeeding? Surprisingly in today’s data-driven world, I’ve found virtually no information on what happens to lawyers after they leave the nest. My guess is that only a few actually stay in solo practice, but instead try to parlay their experience into a job with a small law firm or a staff attorney position at a non-profit. Which isn’t necessarily a bad thing — though it would be nice if the incubators could actually encourage at least some lawyers to remain solo for the long haul.

Perhaps law firm incubators could take a cue from the tech incubators. The tech incubators don’t always birth winners, but they focus on helping companies achieve growth. Of course, tech incubators make their profit by taking an ownership interest in the company — which is something that legal incubators can’t do. Even so, law firm incubators might be more successful in achieving their goals by focusing young hungry lawyers on developing their skills and making money as fast as they can. After all, it’s a whole lot easier to do work pro bono and expand access to justice when you can cover your student loans and your rent.

Incubate that!

Sponsored

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 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.

Sponsored

Topics

, ,