Small Law Firms

With unemployment rates still high for new law school grads, incubator programs sponsored by law schools and bar associations are gaining traction. Not to be confused with the profit-generating incubators common in the business and start-up world, the law school incubator concept, conceived by Fred Rooney at CUNY Law School, subsidizes new law school grads to start their own practices to  provide “low bono” legal services.

In exchange for deeply discounting their fees, grads receive low-cost rent and training from more experienced attorneys. After 12-18 months in the incubator, these now practice-ready lawyers can move on to a position at a non-profit or continue to operate their firms on their own. Since the first law school incubator launched back in 2007, nearly two dozen others have cropped up at law schools and bar associations across the country.

What should we make of this trend?

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Keith Lee

For the past couple of days, I’ve been at a conference held by Institute for the Advancement of the American Legal System (IAALS). The purpose of the conference was to kick off a year-long project entitled Foundations For Practice that was being helmed by Educating Tomorrow’s Lawyers (ETL), a subset of IAALS. ETL is trying to determine the fundamental skills that new law graduates need to make them as appealing as possible to employers directly after they graduate from law school — i.e., how can law schools make sure that their graduates have skills that are valuable to future employers.

IAALS gathered a diverse group of lawyers to discuss the issue. Present were public defenders, judges, former ABA presidents, attorneys general, public interest lawyers, general counsels, Biglaw partners, and small firm lawyers such as myself and fellow Above The Law columnist Carolyn Elefant. We were there to give our perspectives on what were the skills we thought were necessary for new lawyers. Obviously there was strong general consensus as to what skills were necessary for new lawyers to have.

Or not….

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America’s favorite “Multi-Dimensional Trial Attorney” and “modern-day incarnation of the Ancient Roman Orators” is back, and this time he’s defending his own honor. So, as they say, this time it’s personal.

For those who don’t remember Legal Baller, a.k.a. LB, a.k.a. Raymundo Pacello, Jr., he’s the San Diego jack of all trades attorney who first came to our attention after placing a Craigslist ad for “[y]oung attractive hip females” to work as his assistants. Some would call this discriminatory, but he’s got a baller image to maintain.

A year later he sought a Law Clerk to join the practice, and our own Natasha Lydon took the opportunity to do a thorough profile on the man we know as the Baller, including a look at his poetry and bodybuilding past.

Now we have copies of filings in a disciplinary proceeding against the Legal Baller, and his baller response (along with some sad news)….

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Christina Gagnier

As awareness and use of Bitcoin increases, the question of whether our firm takes Bitcoin, or whether any lawyer should consider taking this new currency as a form of payment, is becoming ever more timely as many lawyers, particularly solos and small firms, try to keep their practices as virtual as possible…

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I am making plans to attend several conferences and major bar association events for the remainder of the year. My primary goal for attending is to meet people who will provide job leads. But I also hope to meet potential clients, industry leaders, mentors, referral sources, and possibly a shopping companion. The problem is that attending these conferences can be expensive, especially if you are a solo practitioner paying with your own money. But I believe with proper planning, I can make the most of it without breaking the bank.

When I was a newbie lawyer, I dreaded going to conferences. This was because the costs of registration, travel, and lodging were high, and the lectures were boring, obscure, or both (which was mostly the case). I went only because everyone told me that I should introduce myself to the attendees, offer my services, and possibly get a job offer or referrals. So I went, tried my absolute best to stay awake and learn something, and gave my elevator speech and business card to everyone I met. I even paid extra for the dinner reception where I listened to the keynote speaker ramble on and on about her pro bono work. After I left, I sent everyone I met a follow up email and requested a meeting over coffee or lunch. Most ignored me. Others politely declined. And the few I met in person were genuinely good people but probably not going to help my career. After spending several thousand dollars with no immediate results, it can get discouraging and frustrating.

Now that I am more seasoned, I still dread going to conferences, but my approach has changed….

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Ed. note: Please welcome our new legal technology columnist, Jeff Bennion.

My name is Jeff Bennion, and I am a new columnist here. I’m going to write all about how we should and shouldn’t use technology in our law practices.

I am a solo practicing out of San Diego. On top of my lawyerly duties, I get asked by lawyers to advise on all matters technical – from e-discovery to trial technology to law practice management. Usually I get brought in after people have tried and failed at something. I worked in a 200-lawyer firm, a midsized firm, and a three-person firm before going solo. I’ve written for Cracked.com on such topics as whether it’s a good idea for Amazon to sell books about knife fighting for beginners, the problems with the jury system, and, of course, the Batcave. I teach college paralegal classes.

One of the most common questions I get asked is, “How do I make my PowerPoints awesome for openings/closings/whatever?” Now, I’m a big fan of using technology in trial. I had a whole article written about all of my trial gadgets that compared me to Tony Stark. I remember how boring those hour-and-a-half classes were in law school, so I wouldn’t want jurors to sit through six hours of watching lawyers talk to witnesses for four days a week for several weeks at a time without breaking it up with some graphics or something.

But PowerPoint is just the worst….

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For Biglaw attorneys, it can take a while to realize the importance of face-to-face interaction in the business world. Especially for those young attorneys who start working at Biglaw firms immediately after graduating law school, and who attended law school immediately after college. In my case, I had a year of real “work experience” before starting law school, but in a very junior position.

So I was not involved, as I suspect most young people outside of tech startups are, in important business interactions. It is debatable whether someone’s experience seeking funding for an app that locates and arranges delivery of fresh donuts on a 24-hour basis counts as “real” business experience of value to lawyers. Nevertheless, many Biglaw attorneys land in their partner-discarded Aeron chair knock-off by jumping directly off the college-law school cliff of debt. And as a result have never attended an important business meeting before joining Biglaw. Ever….

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Would you like fries with your entitlement?

Back in March, we brought you a story about a law student gunner who questioned his way out of a summer job with a law firm. It was awesome and awful, all at the same time.

Today, we’ve got yet another law student employment train wreck. When you’re searching for a summer job in this economy — or really, any job at all, even after graduation — you don’t have very much bargaining power as to your starting salary. Apparently some law students aren’t familiar with this fact.

Pay close attention, 1Ls, because this is a teachable moment. If you want to negotiate for a higher salary, please don’t tell a law firm managing partner that you consider his firm’s summer wages to be on par with those of a “McDonald’s hourly worker”…

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Ever since December 9, 2002, when I launched my first blog, MyShingle.com, I’ve extolled the virtues of blogging for lawyers all over the Internet, every chance I’d get. Way back in 2003, before the term “blog” entered the vernacular, I created a comprehensive presentation on the 13 benefits of blogging (in blog format, naturally) that’s largely still relevant today.  I also published dozens of articles and blog posts about blogging, spoke about blogging, and produced a short video on blogging as the centerpiece of social media campaign.  My blogging has lead to a couple of clients and many professional opportunities; most recently, a  blog post  that I penned right here at ATL earned me a twenty-second spot  on the Daily Show. Heck, I’ve even been sued for blogging!

Yet in spite of my love affair blogging, these days, I no longer believe as ardently as I once did that solo and small firm lawyers should take up blogging to market their practice or to show what they know to prospective clients.  Sure, there are exceptions. For lawyers who’ve already taken up blogging in law school or who have a unique viewpoint about practice area that they yearn to share, starting a blog is a no-brainer. Likewise, blogging makes sense if writing about the challenges of practicing law or handling particular types of cases offers a pleasurable release from the stress. If mind and computer keyboard operate as a seamless unit, with thoughts effortlessly transforming into cogent and compelling prose, then blogging makes sense as well.

But let’s face it: most lawyers aren’t built that way….

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Juan Monteverde and Alexandra Marchuk

The courtroom battle between Alexandra Marchuk and the litigation boutique where she once worked, Faruqi & Faruqi, rages on. As longtime readers will recall, Marchuk alleges that F&F partner Juan Monteverde sexually harassed her, in severe fashion, and that the firm’s leaders ignored his alleged misdeeds.

But no matter who wins in court, it’s possible to argue that the firm is ending up the loser. It has endured extensive bad publicity, and some of the resulting instability has apparently led to lawyer departures.

Who are the latest attorneys to defect from Faruqi & Faruqi?

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