niche practices

With both law school and the law school application season about to resume, let’s return to our popular series of Law School Success Stories. While we believe it’s important to provide our readers with accurate information about the perils of law school, including data about high lawyer unemployment and crushing student debt, we like to balance out the doom and gloom with stories of successful lawyers who made winning bets on legal education.

Today’s success story comes to us via the august pages of the New York Times. Even though this young lawyer didn’t go to a top-tier law school, he’s enjoying a phenomenal legal career, marked by fame and fortune.

His story contains valuable lessons for people thinking about, or already enrolled in, law school. Let’s learn more about him, shall we?

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This week, I was introduced to an IP lawyer. Yawn. Another IP lawyer churning out trademark and copyright applications. Meeting one of them these days is no different than going to a lawyer cocktail hour and meeting yet another “commercial litigator.” (Translated: “I do general irrelevant crap. Where’s the guy with those little spinach things?”)

But I quickly saw in his email that this wasn’t just another IP lawyer:

“My area of practice is intellectual property, but with a twist: I represent technology companies in transactions involving the licensure, commercial exploitation and/or research & development of technologies — that is about 50% of my practice. The other 50% is representing digital marketing agencies, digital production companies, and related businesses in all of their IP and corporate needs. I handle a great deal of work in the area of data privacy rules & regulations, compliance with FTC rules for digital advertising, and matters involving outsourced technology transactions.”

Interesting. Next step is meeting this guy face to face, mainly so I can understand what that email just said. I realize he doesn’t want referrals from every guy in his garage with the next great invention, but although I think I know, I want to learn how and from where he gets his referrals, and how he built his practice.

There’s been a lot written about niche practices. A lot of it has been written by non-practicing lawyers, or those with a niche that they’ve had for five minutes. Although today’s kids would rather hear from those idiots than someone who’s been doing it themselves for a while, I’ll do what I do every week, and offer some advice that may make you less miserable, and cause you to think differently about your practice….

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I recently came across an article about an Atlanta solo-practitioner who has found a niche practice area. He has become the go-to guy for dog bite lawsuits. The article was interesting to me for two reasons. First, I love me a niche practice. Second, in the article, the attorney, Evan Kaine, discussed a problem common for many small-firm attorneys. That problem is the difficulty of collecting on judgments and getting one’s fees paid.

Kaine explained the reason for the difficulty as follows:

In June, Kaine’s clients were awarded $60,000 in one case and $700,000 in another, but he questions how much, if anything, they’ll ultimately collect. The problem, said Kaine, is that in these and many other dog bite cases the animals’ owners are renters who have no insurance and whose landlords’ homeowners policies cannot be tapped under Georgia law. Despite having clients who are in some cases grievously injured, Kaine’s recovery prospects are dim at best and constitute “small victories,” he said.

As sad as it is when a client does not get the award he is due, it is much worse when the lawyer does not obtain her fees for the work done to obtain that award, right?

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