Tom Wallerstein

Why do Biglaw attorneys love to hate on small firm lawyers? And why do Boutique lawyers enjoy pitying their Biglaw brethren?

When does bad behavior cross the line in litigation? Small-firm columnist Tom Wallerstein has some thoughts on the issue...

Even at small law firms, administrative overhead is often a good thing.

One of the alleged spammers sued by Twitter is fighting back -- with help from one of Above the Law's own illustrious columnists…

Sometimes helping the "competition" might actually be helping yourself, too...

As lawyers, words are our stock and trade. What is an argument but a collection of ideas, expressed in words, intended to persuade?

If you’re planning on leaving your firm, don’t be obvious about it. If you really want your departure memo to come as a surprise, don’t let your colleagues read the writing on the wall....

Winning is never free, and winning without regard to cost is not really winning. One of the most difficult aspects faced by smaller firms handling smaller matters is deciding which stones to leave unturned.

When is it appropriate to turn down a client who is willing and able to pay your fees?

If you're currently working for a big law firm, should you start your own firm to make more money? Well, not so fast....

If not the money, and not the public good, then what motivates a trial lawyer to win? Tom Wallerstein says you need a fire in your belly...

The changing market invites, if not demands, lawyers to offer concessions for clients. Happily, many of the concessions have relatively little impact on the firm’s bottom line, but can garner significant goodwill with clients. For example....

The major disincentive to growth in small law firms is the inability to predict future business. This uncertainty makes hiring additional associates extremely risky -- even if the immediate workload warrants it....

'David versus Goliath' captures the challenge a smaller firm faces when litigating against an AmLaw 200 firm. A small firm can feel like David when facing a larger firm that can bring more resources to bear on legal research, drafting motions, reviewing documents, etc. So how can a small firm, especially representing a smaller company, effectively litigate against a proverbial army of lawyers representing a client to whom money is no object?

In a small or boutique firm, personality and “fit” are more important than they are in Biglaw. A small firm is more likely to have a distinct firm culture that is a reflection of its partners. The more owners, the more diffuse the personalities and culture. If nothing else, in a smaller environment you are going to be working in closer physical proximity to the other employees. So, how can small firms find new associates who fit best?

For attorneys who bill by the hour, one of the less enjoyable aspects of the job is recording time. Associates know that all too often their worth might be measured by their billable hours. Of course, big and small firms alike tolerate the timesheets because they are the firms’ lifeblood. Recording time enables firms to generate their invoices. The inherent purpose of entering time is to generate this request for payment. But an invoice can and should do much more, especially for a small firm or solo practice....

Tom Wallerstein's firm, like most firms in California, has a series of Rutter guides on its shelves. And even though he runs a virtually paperless office, he still loves his printed Rutter guides. Wallerstein even has a joke about Rutter. Whenever a colleague questions his ability to solve a particular issue, he jokes, “I’m sure there’s a Rutter Guide for that.” The joke has a serious point, namely, that the basics of most practice areas can always be learned. And if it’s easy enough to learn a practice area, why shouldn’t a lawyer forming a small firm become a true generalist; handling everything from family law, wills and trusts, civil, criminal, and essentially whatever walks in the door?

A general counsel recently asked Tom Wallerstein, “Why should my company risk hiring a lesser-known, small firm?” Tom told him that it shouldn’t. Tom doesn’t think any company should unnecessarily “risk” its business without good reason. Tom will be the first to admit that there are some matters that simply demand big firm attention. But Tom also told the GC that there were many matters that he thought his smaller firm could handle just as well as could a big firm....

When Above the Law first covered Tom Wallerstein's "adventure in shingle hanging," he remembers someone quipping that his only business came from attorney referrals and that he didn’t have his “own” clients. The comment wasn’t true, but he still found it interesting. Is a client who pays you money somehow not “your” client, or not a “real” client, just because the client was referred to you by another attorney? That doesn’t make a lot of sense to him....

For some, the phrase “small law firm” implies certain stereotyped practice areas, clients, and attorneys. At its worst, the stereotype invokes unsophisticated clients and matters that are routine and uninteresting. To break the stereotype, Tom Wallerstein remarks on some great practice opportunities for smaller law firms which exist in Silicon Valley....