Solo Practitioners

I begin my quest for a fulfilling job by revisitng my alma mater’s career development office (CDO). When I was a law student, the CDO was unhelpful. This was because during my law school’s annual on-campus interview period, even the small firms and local government agencies wanted only the top 10% of the class. So the CDO tried its best to help me and the rest of the peasants scrounge for whatever was left. At this point, the Biglaw dreams and in-house wishes ended, and we were preparing for our multi-season starring role in Lifestyles of the Poor and Unknown, sponsored in part by IBR.

So I was not expecting much from the CDO as far as job leads were concerned. And since I am well past the all-important nine-month deadline for post-graduate employment, I expected the counselor to tell me the cruel truth — that there was nothing the CDO or my law school can do for me — EVER. So to ensure that my visit wasn’t a complete waste of time, I emailed the secretary ahead of time, telling her that I wanted to talk to the career counselor about a number of things other than any available job openings.

So, how did my visit go?

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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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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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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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I assume that a typical law student reader of Above the Law is attending an elite law school, has awesome grades, and is being groomed to be the next SCOTUS clerk or equity partner of a Vault 20 firm. If this describes you, then don’t waste your time reading the rest of this nonsensical piece. But if you are one of the rare outliers who has a few B pluses staining his résumé, you will have to make some strategic moves during your 2L and 3L years or you are likely to be jobless after graduation.

Since another law school year is almost over, I want to interrupt my regularly scheduled Back in the Race programming to give some advice to law students that I wish someone had shared with me. The advice I provide is time-consuming and stress-inducing because it will require working, studying, and more. To make things worse, as post-graduation employment numbers remain bleak, following my advice will not guarantee employment. But I hope it will make the reader a more competitive candidate for employment in this challenging job market.

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There are plenty of good reasons why a solo lawyer should, and indeed must, refer a case to another firm. For example, if a particular case isn’t compatible with your business – either because it falls outside of your firm’s practice area or it’s not economical for your firm to handle – there’s no reason to hang on to it.  And notwithstanding the advance conflict waivers that large firms foist on clients, in my view, conflicts of interest are a non-negotiable grounds for referral, because they “spawn an alarming number of ethics complaints.”

But there are other situations where a solo shouldn’t be so quick to send a case packing, notwithstanding conventional wisdom to the contrary. Here’s a list of examples where you might want to think twice before referring a case:

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Keith Lee

I was on Facebook the other day (no, I don’t want to be your friend), and a status update from a lawyer I’m friends with caught my eye. She was walking into the courthouse and was confronted by a “protester” who was yelling at everyone, proclaiming that attorneys are liars, are not to be trusted, are scum, etc. The usual.

Lots of people just don’t like lawyers. It’s a common trope. See yesterday’s post about a lawyer asking a teacher what he makes. Lawyers have become the punching bag for much of society. The butt of jokes, the target of scorn. Why is it that people dislike lawyers so much? Has it been the race to the bottom in lawyer advertising? Manipulative conduct in court? Taking advantage of “the little guy?” Personally, I think it comes down to one thing:

Lawyers are professional a-holes….

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