Carolyn Elefant

Inside Straight: Do Big Corporate Clients Use Solo Practitioners?

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A correspondent recently posed this question: I’m a litigation partner at a big firm. If I go solo, will my corporate clients continue to use me for their smaller matters?

I’ll use this column to do two things. First, I’ll offer the customary answer to all legal questions: It depends.

Second, I’ll ask my in-house readers at large corporations to let me know (either by posting in the comments or sending an e-mail to the link in the shirttail below) whether their corporations use sole practitioners.

Will big corporate clients follow an individual lawyer who jumps ship and goes solo?

It depends . . .

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The Practice: Debating Failure, Solo Version

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Hardly ever Every so often an interesting email comes across a lawyer listserv. The good ones are hard to find in the middle of, “Does anyone know a really fantastic and also really cheap lawyer in (some town no one’s heard of where there are no lawyers or courthouses) for my friend who got fired for being late 16 times but he says he was discriminated against,” or, “I know this question has been asked before (every week) but….,” or, “What is the best printer for a lawyer with no practice?”

And then there’s Solosez. This is the listserv for solo practitioners that has all the answers, except to many of the lawyers there who believe it is evidence of the end of the profession. Every once in a while I see an email from Solosez, sent by a young solo who wants to show me evidence of why they may off themselves. (Note: As a result of this disclosure, there will be an email on Solosez reminding members not to forward any evidence that what I’m saying is true emails to Brian Tannebaum anyone.)

Recently, in a moment of rare honesty by a lawyer, a solo wrote to tell fellow Sezzers (I did not make that up, they actually call themselves this) that they had failed at solo practice….

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Size Matters: Carolyn Elefant Teaches Us How to Go Solo

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I would bet that at least half of you resolved to find a new job in 2012. And, for many, that new job means going out on your own. As with most New Year’s resolutions, however, such a measure may seem overwhelming.

Lucky for you, Carolyn Elefant has updated her book, Solo by Choice: How to Be the Lawyer You Always Wanted to Be (affiliate link). The book provides a thorough road map for lawyers looking to make the leap to solo practice.

Solo By Choice is divided into five parts: (1) The Decision; (2) Planning the Launch; (3) The Practice; (4) Solo Marketing; and (5) Solos in Transition. The sections offer information and advice designed for lawyers at all levels of experience, from new graduate to partner. A large portion of the book discusses new technology and social media. And to bring the message home, Elefant profiles successful solos and provides tips they learned in starting and running their own firms….

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Size Matters: I Ain’t A Lawyer, I Just Charge A Lot

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Last week, Clifford Winston, drew up some controversy when he suggested that we do away with law school and bar exams and let anyone practice law. According to Winston, these barriers to entry “simply . . . protect lawyers from competition with non-lawyers and firms that are not lawyer-owned — competition that could reduce legal costs and give the public greater access to legal assistance.”

Elie was not convinced. Carolyn Elefant “pick[ed] apart Winston’s assertions piece by piece in an effort to diminish his credibility.” Both Elie and Elefant took issue with Winston’s assertion that costs would go down if non-lawyers were able to practice. Indeed, Elefant cited an example that using Legal Zoom could cost up to three or four times what it would cost a lawyer to perform the same task.

So who is right?

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New York Times Op-Ed Advocates Letting Everybody Play ‘Lawyer’

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Even a caveman needed to go to law school after he thawed out.

It’s the danger of working in a profession that few people respect. The general public understands that not everybody can practice medicine: performing surgeries, prescribing drugs, and even giving advice about surgeries and drugs are things best left to “professionals.” Or look at accountants. People want to have one who is “certified” because, well, math is hard.

But lawyers? Annoying, money grubbing, bastard lawyers? Hell, anybody can do that. That’s what the general public thinks: anybody who is anal and can read can be a lawyer.

And because of that, occasionally lawyers have to deal with op-eds like the one just featured in the New York Times. Clifford Winston of the Brookings Institution argues that everybody should be allowed to practice law.

Seriously, everybody. No law school, no bar exam, if you want to do legal work, go right ahead. If you want to charge people for your uneducated legal advice, feel free!

Somehow Winston believes that allowing untrained dumbasses to take advantage of poor people who don’t know any better will magically help poor people….

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A Trademark Law Hypothetical for Intellectual Property Attorneys

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In our most recent practice area survey of the Above the Law readership, the most popular single response was “Intellectual Property.” Eighteen percent of survey respondents identified themselves as IP attorneys.

So many of you might be interested in the latest controversy to heat up the small-firm blogosphere. If you’re an IP lawyer, if you work at a small law firm, or if you’re a law student who enjoys intellectual-property hypotheticals, keep reading….

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Fear and Loathing in LegalTech

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Daniel de Juan, a sales engineer from Mitratech, summed up perfectly what LegalTech was like for me this year: “Being at LegalTech is almost like being at a casino, in the sense that you lose all track of time.”

Two years ago, I found the conference to be pretty intimidating, and that was when the conference was much smaller due to the weak economy. Last year, LegalTech New York was much bigger, and I found it slightly overwhelming. This year, due to some bad planning on my part, I came home from LegalTech utterly exhausted.

It seems I wasn’t the only one who felt this way. After a quick search on the Internet, I have seen only a few things written up about the conference, so I’m guessing many people went through the same experience. (For example, I spoke with members of The Posse List on the first night, and they told me that they were gearing up to do 36 interviews during the two and a half day conference — so it must have been a whirlwind for them as well.)

That said, here are some musings from my adventure last week….

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Congratulations to the Winner of LexisNexis’s Small Law Firm Marketing Makeover!

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Above the Law’s coverage of small law firms is about to ramp up. We will soon be announcing our two new writers on the small firm beat.

(If you responded to our open call for new columnists, we thank you for your interest. We received a slew of excellent applications, which made the selection process very difficult.)

Also on the topic of small firms, I recently had the pleasure of judging the LexisNexis Ultimate Law Firm Marketing Makeover contest, open to solo practitioners and small law firms across the country. I was joined on the judging panel by legal marketing guru Larry Bodine; Carolyn Elefant, of MyShingle.com; and David Palmieri and Carol Eversen, both vice presidents at LexisNexis.

So who won the grand prize — a suite of LexisNexis law firm marketing services, valued at $50,000?

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Small Firm Lawyers Balk at ASU 3L’s Request for Sponsorship

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While bonuses are burning up the comments here at Above the Law, there’s another discussion raging over at the ABA’s SoloSez Listserv — where solo and small firm lawyers from around the country share resources, practice tips and the occasional anecdote.

It seems that a 3L at Arizona State’s Sandra Day O’Connor College of Law is seeking sponsors for the remainder of her law school and bar study days. (We noted the development in today’s Morning Docket.)

Claiming the debt load for the average ASU grad has increased by $40,000 since she applied, the 3L is “reaching out to the online community to help [her] pay for it.” Good choice, since everyone knows that bloggers are just rolling in cash.

Given its entrepreneurial nature, this seems right up the small firm alley. But the plan has been received quite poorly by a majority of practitioners.

More about the sponsorship, what she’s willing to do for it, and the identity of the student, after the break…

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Do Small-Firm Attorneys Care Enough About Their Own Agenda?

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Some of you will recall that in my manifesto, I expressed the view that we need more clearinghouses for information on small law firms. Well, it turns out I’m not the only one hoping for a gathering of small law practitioners.

Over at MyShingle, Carolyn Elefant posted a great piece about the need for a stronger voice from solos and small law practitioners. While we are both trying to rally this group to a cause, I’ve been approaching the efforts of this column with an eye toward the need to get information out to law students and lawyers looking to transition into a smaller practice. Elefant, meanwhile, tackles the idea from a political clout perspective, issuing the following call to action:

[A]s someone who has been tracking the institution of solo practice for nearly eight years, I urge you to hear me out about why it’s more important than ever that we solos and small firms demand that the “powers that be” (in this case, the state bars, the ABA, the mainstream legal media and law schools) start regarding us as the main event.

Small law firms as the “main event”? I’m skeptical, but certainly interested. After all, the vast majority of lawyers in the U.S. are working for small firms or as solo shops. Why aren’t we the main event already?

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