Small Law Firms

Conventional wisdom says that solos and smalls should join a bar association — either the American Bar Association, a state or local bar, or a practice-specific bar (such as an association of telecommunications or criminal defense or real estate lawyers) — as a way to generate clients. Here’s but one recent article that recommends pounding the pavement at bar events to find clients.

I disagree.

I’m not suggesting that solos and smalls steer clear of bar membership entirely; after all, bar associations provide a myriad of practice benefits, including substantive information on practice trends, affordable continuing legal education (CLE), and advice on starting and running a law practice. But if lawyers think that they’ll find business through bar membership, most are sure to be disappointed….

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I noticed over at the Tax Prof Blog that the LSAC has begun releasing data on the most recent crop of LSAT information. At the Legal Whiteboard, Jerry Organ dives into the data and found that average scores are declining:

Across the 195 law schools in the 48 contiguous states and Hawaii fully-accredited by the ABA’s Section for Legal Education and Admissions to the Bar as of 2010 (thus excluding Belmont, LaVerne, California-Irvine, and Massachusetts-Dartmouth) the entering first-year class average LSAT profile fell one point at all three measures between 2012 and 2013, from 159.6/157/153.5 to 158.6/156/152.5.  The entering first-year class average LSAT profile fell roughly two points at all three measures between 2010 and 2013, from 160.5/158.1/155.2 to 158.6/156/152.5.

The average decline in median LSAT scores between 2012 and 2013 across U.S. News “tiers” of law schools was .98 among top 50 schools, 1.18 among schools ranked 51-99, .72 among schools ranked 100-144, and 1.13 among schools ranked alphabetically.

Which made me want to revisit a post on Associate’s Mind from last year, Top University Students Avoiding Law School, to see if that trend was holding true in light of the above data. The results? See for yourself….

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As any practicing lawyer learns within about a week of beginning her career, the concept of the work/life balance is sort of a fiction. Practically speaking, there simply aren’t enough hours in the day to achieve any sort of actual, equal balance between your life and your work. Think about it: assuming you spend at least ten hours at work each day and seven hours asleep, this leaves only seven waking hours to accomplish everything else in your life — feeding yourself, commuting, spending time with your family, brushing your teeth, exercising, reading Above the Law, and pursuing other hobbies, like making crayon drawings for your office.

Although seven hours sounds like a lot of time, we all know that it goes by way too fast. At least for me, after I have taken care of my major life necessities, I only have about an hour left over at the end of my day to enjoy my “life.” Sadly, this time is usually spent complaining about the fact that I have to go to work the next day and do it all over again — is there no rest for the weary???

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Biglaw partners from international firms don’t like to lose cases — especially not to solo practitioners. Biglaw partners think they own the world, and to lose a case to a lowly solo practitioner would likely bring shame to their firm and force them to commit ritualistic seppuku-style suicide in an attempt to regain their lost honor. (No offense, solos, but we imagine Biglaw partners’ horses are quite high.)

Watch out, solos, because you’ll get absolutely no love from Ho-Love if something like this were to happen. You might get stepped on — literally — and even get slapped in the face with a briefcase…

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Christina Gagnier

It would stand to reason that by virtue of graduating law school and passing a state’s bar, you would be able to start a law firm. You might print business cards, get some office space, tell your friends, and the clients would just start coming in.

It would certainly be nice if it worked that way, but it does not. Cultivating clients and client relationships is important, and the time needed to make this happen is a full-time gig in and of itself. While on a panel this past weekend at the Catapult Conference in San Francisco, several solo and small firm attorneys chimed in on what it takes to get clients when you are just starting out…

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Albert Togut: man with a plan (of reorganization).

Maybe the floundering firm of Patton Boggs can actually right itself. It doesn’t have the Biglaw mark of Cain, namely, a name that lends itself to bad puns — e.g., Dewey and “do we,” Howrey and “how are we,” and Thelen (rhymes with “feelin’”). In hindsight, Patton Boggs did the right thing when it dropped George Blow’s name from the marquee and went from “Patton Boggs & Blow” — a name we would have had a field day with — to simply “Patton Boggs.”

(Yes, Patton Boggs has some pun potential. But there are only so many “bogs down” and swamp-related plays on words to be had. Yes, even for us.)

Luckily, for the time being we can use some “Dewey” puns. Because Patton Boggs, for whatever reason, is using all of Dewey & LeBoeuf’s old advisers….

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You learn a lot of lessons practicing in Biglaw. A big one is that you can never be prepared enough. There is always another opinion of your presiding judge to read, or a brief drafted by your opponent in an earlier case to review. Anyone who makes it more than a few years in Biglaw learns that lesson. But as much as preparation is valued, and pursued with fervor as an ideal onto itself, there is absolutely no way for even the most idealistic Biglaw recruit to fully appreciate what they are getting themselves into.

As many know, law school itself has little to teach about the realities of Biglaw, other than to idealize it as a fantasy land of big paychecks and “interesting work.” And everyone’s Biglaw experience is so unique that anecdotal tidbits are of limited utility. Does the professor, who so proudly includes on his resume a two year stint as a M&A associate at a white-shoe firm two decades ago, have much actionable advice to give a graduating 3L headed for a first-year post at even that same firm? Not really, except to perhaps suggest that the best type of relationship with that firm is one where it is your former employer….

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To paraphrase Saiontz and Kirk, if you have a gun, you have a lawyer.

And not just any lawyer, mind you, but former Virginia Attorney General and 2013 Republican gubernatorial candidate Ken Cuccinelli. Last week, the Washington Post reported that Cuccinelli and three colleagues opened a small firm, named Virginia Self-Defense Law (VSDL). The firm launched with a bang, triggering pot shots heard round the blogosphere. As Joe Patrice explained earlier today, VSDL targets gun-toting Virginia residents with legal retainer plans, starting at $8.33/month, that promise representation for self-defense or law enforcement harassment situations that arise out of the use of firearms.

For those unfamiliar with Virginia politics, Cuccinelli’s controversial political views have given his critics plenty of ammunition. But politics aside, does Cuccinelli’s retainer plan hit the mark as a sustainable or ethical business model? Let’s scope it out….

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Were you concerned that Virginia’s former crusader Attorney General would have nothing to do in his forced retirement from public life? Well, Ken Cuccinelli may no longer have the power to waste taxpayer dollars to intimidate scientists researching global warming or crack down on oral sex, but he’s found a way to stay in our hearts by announcing a new publicity stunt serious law practice in Virginia.

He’s ready to collect your hard-earned dollars in return for providing you peace of mind in case you were scared that someday you’d haul off and assassinate a kid walking home through the “wrong” neighborhood and need to spend a small fortune on attorneys….

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Cleary Gottlieb switched over from “summer casual” to all-year business casual between my summer and starting full-time, so I never experienced a mandatory business attire office. Some senior folks would kvetch about the falling standard of decorum, but I suspected those guys were really just annoyed that they’d built a truly impressive suit collection and sat idly by as their wife started letting the tailor needle her, and for what? Younger lawyers rejoiced because not having to blow out a suit collection amounted to a functional bonus. I never experienced the full-on business dress policy, but personally, I could never imagine wearing business attire every day if for no other reason than business attire isn’t really conducive to the 18-hour workday.

More than a decade into the business casual movement, there are still holdouts demanding a return to the formality of the good old days. The problem with all these irritated partners is it’s not really possible to preach business attire without looking like a tool….

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