Solo Practitioners

I’m writing today’s column from New York City, where I’m covering Thomson Reuters Vantage 2014, a great conference focused on mid-sized and large law firms’ use of technology. There have been fascinating discussions about how larger law firms are adapting to change and are incorporating some of the latest technologies into their IT infrastructure. Not surprisingly, however, it turns out that like solo and small-firm attorneys, large and mid-sized law firms are often just as reluctant to adopt new technologies and processes despite overwhelming evidence that doing so is the best way to stay competitive.

But the good news gleaned from this conference is that some larger firms are adapting, just as many solo and small firms are. And that’s my goal with this column: to showcase how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. In the process, my columns will hopefully encourage and help other lawyers to do the same.

In today’s column I’ll be featuring Jill Paperno. Jill is a long-time assistant public defender, having worked at the Monroe County Public Defender’s Office in Rochester, New York for over 27 years. She’s currently the Second Assistant Public Defender and is the author of Representing the Accused: A Practical Guide to Criminal Defense (affiliate link). In other words, Jill is a diehard criminal defense attorney and has dedicated her life to defending our constitutional rights.

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I participate in at least one group discussion per month where a lawyer — employed or not — asks the collective for advice about starting a solo practice. These nonbelievers envy our independence and our ability to adapt quickly to client needs and changing trends.

We respond with the usual tried and usually true advice: Get ready for uncertain income. Don’t overspend. Don’t underspend. Find a mentor. Find another one. Practice in a unique niche you are passionate about, but also serve the needs of the community. Have a sales mentality. And did I mention network?

After the jump, I will talk about a few other things an unemployed lawyer aspiring solo practitioner should also consider — and rant about the worst reason to start a solo practice….

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Are you tired of getting the same questions over and over again from prospective or existing clients?  Should I choose an LLC or incorporation?  Will I lose my house in bankruptcy?  What is a power of attorney?  How long will my divorce take?  Rather than respond to these same questions over and over, why not school your clients instead?

These days, schooling clients is easy. With the rise of online training and college courses, a broader segment of the population is now familiar with online education. Plus, there are a variety of powerful free tools to create online educational programs to educate clients so that they’ll have a grasp of the basics.

Here’s my experience with some of those tools….

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No, this isn’t another Reema Bajaj story, though she might have benefitted from this law firm’s marketing strategy. There’s a fine line between selecting a catchy firm image and becoming fodder for this site’s mockery. This firm is dancing on that line.

On the other hand, you’ll never forget this lawyer’s web address…

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Keith Lee

Before my partners and I started our own firm, I worked for a small insurance defense firm. It was a statewide practice, as most insurance firms are. Often times I would have to drive hours to some small county in the state for a 20-minute hearing, then get back in the car and drive right back.

I clearly recall one day when I spent roughly eight hours round-trip in the car, to attend one of those hearings that only took a little over 30 minutes. In the litany of intricacies of practice that law school does not adequately prepare law students for, add long car drives to the list.

That being said, I don’t really mind it. I rather enjoy the time alone in the car. It’s nice to be disconnected from things and alone with your thoughts. I listened to podcasts. I watched the pine trees go past mile after mile. I sat in silence, only the hum of the road to accompany me. In the hustle of drafting documents, responding to emails, returning phone calls, and meeting with clients, a few hours alone can be a respite….

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It has been three months since I re-entered the race so I thought now would be a good time to give a progress report. During this time, I figured out what I wanted to do, got back in touch with my career development office to find leads and even made a few contacts at a conference. I also reached out to recruiters, law firms and the legal departments of mid-size and large companies.

The results were encouraging. I met many supportive people who introduced me to others, provided useful advice and inside job information. I am beginning to think that the legal community is not as gloomy and cutthroat as I was led to believe.

After the jump, I will share how many interviews I received and the job offers I am currently considering.

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Not surprisingly, most small business owners rarely take vacation. According to a 2013 Sage Reinvention of Business Study, 43 percent of small business owners take less vacation time than they did five years ago. And from what I’ve observed among my fellow solos, vacations are even fewer and farther between. In fact, it’s not uncommon to find many solo and small firm attorneys who haven’t taken more than an extended three-day weekend as vacation in five years or more.

Solos’ reluctance to take vacation isn’t surprising. Some feel that they may miss out on a major client if they’re away from the office more than a couple of days, while others are so overwhelmed with work that they feel that they can’t make the time. Of course, cost is a factor as well, and it’s a veritable triple whammy what with the cost of the trip itself, lost revenues with fewer billable hours and the cost of bringing in an assistant or backup lawyer to cover cases.

Still, there are also costs to skipping vacation for years on end. Solos who never take a break experience burnout, reduced productivity and loss of time with family. Moreover, without vacation (and somewhat counter-intuitively), solos miss out on an opportunity to improve their practices….

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Keith Lee

There seems to be a general lament among the elder generation of lawyers in regards to the quality of new law school graduates. Simultaneously, there is also a cacophony of complaints from recent law school graduates about the general state of the legal profession and the dissonance between what they felt they should have received from their law school education. See all the assorted “scamblawgs.”

The older generation’s complaint seems to be that Gen Y grads are, well, complaining too much. Gen Y needs to strap on their big-boy (or girl) pants and get on with it.

Gen Y grads seem to be saying they just haven’t been given the opportunity…

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Over the last few weeks, I have been researching law firms and businesses with in-house legal departments. I checked each firm to see if they hired anyone from my alma mater or a comparably ranked school. I also checked the firms’ rankings both in certain specialties and their overall profitability.

Then I tried something more difficult – finding employee turnover rates and overall employee satisfaction. This information is important to me but is pretty much impossible to get without deeper digging and contacting people. The career counselor I talked to gave me some names of people who may be able to get more detailed information. If there was one thing I learned in law school, it was to find the negative information yourself because you should never trust the numbers on a company’s sales presentations and recruiting materials.

After the jump is a small sample of the prospective firms I researched, listed in no particular order.

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Every couple of months, I get a legal technology newsletter that mentions the Word vs. WordPerfect debate. It’s not so much a debate as it is a handful of lawyers arguing with everyone that WordPerfect is better than Word. I’ve had this discussion in person multiple times before as well. A few months ago, an attorney tried to convince me that WordPerfect is better because you can press ctrl+c and ctrl+v to copy and then paste text. People usually bring up that federal courts require proposed orders to be in WordPerfect format (although this is no longer true). No matter what the argument is, there is usually some name calling.

WordPerfect is like Latin. It’s dead and used only by lawyers. When I see people arguing why WordPerfect should still exist, I always picture that person as someone who still has a Gore/Lieberman bumper sticker on their car. It’s over. Decisively over. It is the betamax of word processing software. It has lost the race.

Most people have moved on from WordPerfect for the same reason that language was invented in the first place: to communicate with others. You cannot share .wpd files with people outside your office. Unless you represent Corel, your client probably has Word. Sure you can open a .wpd in Word or save a WordPerfect file as a Word document, but the formatting is so screwed up that it’s usually unusable as a pleading. And, sure you can save it as a .pdf, but then you might as well print it and scan it.

Here are the arguments that I see every time on this issue:

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