Solo Practitioners

* Well here’s a headline: My Solo Practice Ended My Marriage. [Law Firm Suites]

* Pennsylvania Attorney General claims officials sent and received porn via state email accounts for years, “including top state jurists and 30 current employees of the state Attorney General’s Office.” If the AG’s office is swapping porn at all hours, somehow the whole “systematic blind eye to Penn State” thing makes more sense. [Associated Press via Lehigh Valley Live]

* Interesting argument for law schools to adopt the Montessori method “in the mindset of professors, in classroom management, in physical building design, and in radical curricular reform.” Law school deans’ eyes glazed over until they heard “physical building design” and recognized the potential for more spending. [TaxProf Blog]

* Here come the litany of Supreme Court previews. Most of them will focus on stuff like gay marriage. But this one gets to the sexy stuff, like FLSA regulations. [Federal Regulations Advisor]

* Oh look, the government made a rule that will ultimately accomplish nothing! That’s so cute. [CNBC]

* Prominent lawyer marries actor. Well played. [Jezebel]

* Boalt 3L builds app to “add the features Westlaw forgot.” Westlaw didn’t forget, they were just crowdsourcing. [The Recorder]

* Another review of Supreme Ambitions (affiliate link), David Lat’s forthcoming novel. [Indiana Law Blog]

Keith Lee

There is an old story that tells the tale of three stonemasons. A stranger walks up and asks the stonemasons what they are doing. The first stonemason pauses and says, “I’m making a living.” The second stonemason replies, “I am making the best stone work in the country.” The third stonemason stands up with a distant look in his eyes and says, “I am making a cathedral.”

The first stonemason is a worker bee. He is there to collect a paycheck, nothing more. It is unlikely he will ever find success without someone else’s direction — if he ever finds it at all. A low-level associate. Or doc reviewer. A emp worker. The second stonemason is a craftsman for sure, but lacking in the big picture of what he is doing. An associate. Perhaps a partner someday. The third stonemason is the man who understands the ultimate goal of what their enterprise is all about. He is the senior partner. The one who has clients. One with the will and drive to start his own firm….

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An artist’s visualization of the recent Clio Cloud Conference.

Big used to matter in companies providing legal support, research, and services solutions to law firms.

Lots of money, broad distribution networks, seasoned executives, big conference booths, and fancy branding collateral.

Big was the safe choice. You didn’t get fired for buying from the big company from which every other law firm was buying.

No longer. Small startups are becoming the providers of choice for law firms across the country — and the world.

First, larger legal companies are struggling. They are laying off people. They’re have trouble bringing innovation to the market. Will they be around for the long haul?

Second, law firms like small, for a lot of reasons:

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Keith Lee

Last week I wrote about the times when you experience loss in your career. It is a thing that everyone will face at some point. I touched on how to set aside and move on from these losses in order to continue on with your day, serving your clients, and doing your job.

But lawyers often let themselves get wrapped up in their jobs, letting them define who they are. When you are at work from 7 a.m. to 7 p.m. five days a week and a few hours on the weekend, your job can come to define who you are whether you want it to or not.

You have to push back….

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Since I began my job search, I have read many books and articles on how to find a job. Most of them gave the usual tried and true advice — meet people and learn new skills — with some variation. And to prove their points, they include cool and heartwarming anecdotal stories.

But I have also been given awful job search tips. They typically revolve around a story about someone who uses a gimmick to get the attention of an employer. One thing leads to another and the applicant is hired over the many others who had better grades and work experience. The success story is passed off as advice because it worked in his particular case in very unusual conditions.

After the jump, I will discuss some of the worst job advice I have been given.

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At some point, while stuck in an unending traffic jam or pressed up against the throngs of humanity in an unair-conditioned train, every lawyer contemplates working from home. And any lawyer with kids thinks about working from home about twice as often. Imagine the convenience of strolling down the hall to begin the workday, dressed in your finest “whatever was laying around,” and taking a break to read Above the Law without anyone being the wiser. Living the dream.

Unfortunately, this dream is beyond the grasp of most lawyers today. The staid legal industry expects lawyers in their offices near their colleagues, even though few tasks aren’t handled electronically — even when lawyers sit mere steps away.

Fair or not, lawyering from home raises eyebrows. “If you’re working from home, people tend to assume you’re either doing it because you’re good at what you do, so you can, or because you can’t make it anywhere else, so you have to. You want to brand yourself as the former.”

One would certainly hope so. How does a lawyer go about doing that?

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Keith Lee

Starting out one’s career as a lawyer is hard. You’re inexperienced, with only a passing knowledge of the law, thrust into being responsible for other people’s problems. Too often you might not feel confident in handling your own. People are going  to criticize you for any mistake you might make and take you to task for not handling a matter exactly as they would have wished. When beset with criticism and difficult situations, it can be easy to turn inwards and reel in feelings of doubt and a lack of self-confidence.

It can be difficult to preserve….

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I thought now would be a good time to give a progress report on my job search. It’s been a little over five months since the race began, and I still have not reached the finish line. All of the jobs openings I applied to have been filled. By someone else.

Recently, I wrote an email to an attorney named Stephanie whom I have known for many years and think of as a role model. Since I have been feeling discouraged and cynical lately, I thought it would be best to be direct with her and not beat around the bush. I was curious what kind of response and advice she would have, if any.

Read onwards to read my email and her response…

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You may have heard about a behavioral science experiment involving monkeys and a ladder with a banana at the top of the ladder. When one monkey would try to climb the ladder to reach the banana, the researchers would spray all of the monkeys with a hose. After a while, when a monkey tried to go towards the ladder, the others would stop him so that they wouldn’t get hosed. The researchers then switched out one of the monkeys with a new monkey who didn’t know about the hose. When he would go towards the ladder, just as before, the others would stop him. The swapping continued, and the new monkeys would join in stopping newer monkeys from going towards the ladder, not knowing about the hose treatment, but learning from the example of the original monkeys that going towards the ladder is bad. The researchers eventually swapped out all of the monkeys so that none of the original monkeys were together, but all of the new monkeys would try to stop each other from going towards the ladder.

There is some debate online as to the origins of that experiment, or whether it ever happened, so I’ll just call it the “parable of the monkeys who just do what everyone else does without understanding why” — or, for short, “the parable of the associate.” If you work in a law firm, you probably recognize the above fact pattern and can analogize it to your colleagues.

I’ve come across a bunch of lawyers since I started my legal career ten years ago. Some of them were really good, some were really bad, and most of them were just somewhere in the spectrum of not being memorable. The lawyers who were bad were all bad for about a thousand different reasons, but the lawyers who were good, almost always shared one quality: they were outside-the-box thinkers….

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Most standard law practice management programs counsel against discounts. When given up front, they accustom clients to bargain rates, and if applied at the end of the project, they show a willingness to settle for less than what’s owed, thus setting in motion a tradition of haggling for future cases.  And now, a recent study suggests that there’s a correlation between discounts and collections problems, thus further reinforcing that discounting fees is a bad idea.

But Devil’s Advocate John Toothman, a lawyer who’s built a career on legal fee management, is appalled by advisors who diss discounts. At his blog, Civilian’s Guide to Lawyers, Toothman argues that the reason that many firms wind up giving discounts to begin with is because they never offered clients an estimate of the likely fee to begin with:

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