Boutique Law Firms

Tom Wallerstein

When lawyers form a new firm, one of their first, most important projects is usually designing their website. This makes sense because the website is often the first thing that a prospective client or referral source will see. Its importance cannot be overstated.

The process of designing a website (or printed marketing material) is considerably different for a new enterprise than it is for an established one. For an established firm, the process involves trying to portray to the outside world the essence of what the firm is and emphasize what distinguishes it from its competition.

For a new firm, however, the process is very different because you must first conceptualize what you want to be before you decide how you want to present yourself to the outside world. In this way, the website of a new firm is more aspirational than it is descriptive. For example, when a new firm proclaims that it handles practice areas A, B, and C, it often means that it intends to handle those practice areas.

This dynamic plays itself out in virtually everything a new business does. When it chooses a logo, or color scheme, or even its name, it engages in a process of self-conceptualization, imagining what it wants to be. I think that’s one reason why new businesses spend so much time, and so enjoy, focusing on relatively simple things like deciding on a logo. It’s fun to imagine your potential….

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An ethical duty?

* Are you ready for some Supreme gossip? In remarks delivered at Colorado Law, Supreme Court Justice Ruth Bader Ginsburg predicted that the Defense of Marriage Act would be argued “toward the end of the current term.” [CBS News]

* Dewey’s version of trying to curry favor for the proposed $72M partner settlement? Filing a deposition transcript noting that others could’ve also been blamed for D&L’s downfall, but weren’t due to time constraints. Gee, thanks. [Am Law Daily]

* Novak Druce + Quigg and Connolly Bove Lodge & Hutz will merge to form Novak Druce Connolly Bove & Quigg, the 7th largest IP firm in the U.S. Guess seven name partners was a bit much. [Delaware Law Weekly]

* Michael McShane was nominated by President Obama to fill a judgeship in Oregon. If confirmed, he’d be one of the few openly gay judges on the federal bench, which, of course, would be fabulous. [Oregonian]

* The Institute for Inclusion in the Legal Profession wants the ABA to amend the Model Rules of Professional Conduct to include a duty to promote diversity. Because we clearly need a rule on that. [National Law Journal]

* Cindy Garcia, an actress from “Innocence of Muslims,” is suing, claiming that she was duped into the role under false pretenses. She wants the film removed from YouTube. Everyone else does, too, lady. [Bloomberg]

* A judge refused to issue an injunction against the California ban on foie gras, instead allowing a suit on the same topic to move forward. Oh mon dieu, judge, think of all the poor Francophiles! [San Francisco Chronicle]

* Joshua Morse III, former dean of Mississippi Law who defied segregation, RIP. [New York Times]

Tom Wallerstein

Blogging is not something I expected to make part of my weekly routine as a litigator. Yet here I am, writing a post every week that relates in some way to my own experience of having moved “from Biglaw to boutique.” This post marks my 40th post on Above the Law, and for several reasons, I remain grateful and look forward to the opportunity to write a post every week, dead weeks included.

If your goal is to build credibility regarding your expertise in a certain area, then blogging — or tweeting, for that matter — about that topic is a helpful start. Blogging about a certain topic is in some ways the online equivalent of presenting a seminar or CLE course.

Generally, the benefit of presenting a seminar is greater than the sum of its parts. For example, if you give a seminar, each attendee is a prospective client. But more than that, you also help build a reputation as someone knowledgeable about your topic.

Legal blogging works the same way. If you consistently blog about a certain topic, then you have a good platform by which you can establish credibility as an expert in the field. If you tweet and re-tweet about your topic, then someone searching Twitter is more likely to come across your name and assume you have expertise in the area. I know from experience that valuable contacts and potential clients actually do consult Twitter for lawyers to hire….

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Our first-ever Lawyerly Lairs contest to find the Best Law Firm Offices in America was a huge success. We received numerous nominations, which we reduced to a field of eight finalists (and four honorable mentions).

Then we opened the polls. Voter turnout ran high, with more than 4,500 votes cast in the contest.

Now, the moment you’ve been waiting for. It’s time to announce our winner….

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Our favorite lawyers in Las Vegas are at it again. You may recall last winter when we presented you with one of the most fantastically horrible legal commercials ever, involving exploding animated ham, a guy in a Cosby sweater, and death metal.

Well, my good friends over at Hamilton Law have offered up not just another wacky commercial, but a series of ridiculous billboards advertising the services of the Sin City bankruptcy and personal injury firm.

This time around, we get more awesome porcine puns, cheesy acting, and ugly sweaters. If there’s anything I can respect, it’s an undaunted commitment to crazy….

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The polls remain open in our Lawyerly Lairs contest to find the Best Law Offices in America. If you haven’t done so already, you can review the eight finalists and cast your vote here.

The Georgia boutique of Bouhan, Williams & Levy took an early lead, thanks to their amazing offices in a restored Southern mansion. Right now, though, 1-800-LAW-FIRM is in first place. How many law firms have “walking tracks” and exercise rooms?

Due to the overwhelming response to our call for submissions, we were unable to include all of the great spaces that you shared with us. Today we’d like to recognize our “Honorable Mentions” — four firms that narrowly missed the final cut….

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Tom Wallerstein

I’ve been known to quip, “I thought I was wrong, once, but I was mistaken.” But I realize that my column here on Above the Law has often been “wrong” in at least one important way: I’ve compared apples to oranges.

For example, I authored a “top ten” list of differences between working in a big firm and working in a boutique. But many of the items focused on differences between employee and owner. I compared working where “you get paid either a salary or an hourly rate” with “running your own shop.” I compared “making all the decisions in my cases” with “waiting for a partner to act on my recommendations.” I compared doing the grunt work with making the important decisions.

That strikes me as comparing apples to oranges because all those comparisons actually contrasted being an employee with being an owner. That fundamental distinction accounts for many of the supposed differences between working in Biglaw and working in a small firm or boutique.

But what about associates who are considering becoming associates at a small firm or boutique? That’s the true apples to apples comparison. If you’re not starting your own business, but will instead remain an associate, what are the real differences when moving “From Biglaw to Boutique”?

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Last week, when I needed a break from educating myself about the differences between legitimate and illegitimate rape, I decided to turn my attention back to the question that consumes the mind of all single women over the age of 25 as cobwebs grow in our wombs: Why can’t I find a nice, professional man to take care of me?

Maybe it’s my long hair? Oh, right, that’s what’s killing my career, not rendering me a spinster. There are just so many pitfalls to being a female, it’s hard to keep track sometimes.

But then I saw him. A beacon of light in today’s sea of unmanly men. Richard Schulte, from Ohio. But let’s call him Rick. Rick is a much more virile name.

His profile is so dripping with testosterone, I just have to go talk to him.

So, Rick, you’re a lawyer? Wow. Isn’t that, like, really scary and intimidating?

Rick Schulte isn’t afraid to go to trial, not a bit. Most attorneys are or at the very least, they’re apprehensive. Big difference.

Oh, we’re talking in the third person now? That’s hot. Natasha likes men who speak in the third person and aren’t afraid.

Please, tell me more….

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As regular readers of Lawyerly Lairs know well, some attorneys have beautiful — and expensive — homes. As we’ve just learned from the impressive submissions in our contest to find the best law firm offices in America, many attorneys’ workplaces are no less spectacular.

With the help of Mary Kate Sullivan, our wonderful intern here at Above the Law, I’ve winnowed the large and impressive field to eight finalists. There’s nice diversity here, in terms of firms (Biglaw versus non-Biglaw); decor (traditional versus modern); and geography (seven different cities, located all over the country).

Let’s check them out, shall we?

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Tom Wallerstein

Many attorneys who leave Biglaw for smaller or solo practices find themselves considering contingent fee cases, either by necessity or design. “By necessity,” because a practice may not have many paying clients when it first forms. “By design,” because an attorney working for a contingent fee has the prospect of hitting a huge payday and making many times what an attorney who bills by the hour can make.

The challenge of business development takes on a whole new meaning when applied to contingent fee lawyers. To some extent, a contingent fee attorney has the opposite problem of an attorney billing by the hour. There is no shortage of clients who want a lawyer they need pay only if they win. Thus, the contingent fee attorney always has too many potential clients whereas the hourly attorney always has too few.

Because attorneys can find themselves inundated with clients offering a contingent fee, evaluating which cases to take, and which to turn down, can be challenging. Essentially, taking a case on contingency is an investment of your time, energy, and financial resources. You need to carefully assess whether the investment is a good one….

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