Being in SmallLaw is great. No one controls my time, I can teach and write and don’t need anyone’s approval, I can work from wherever (though I hate working from wherever and so work from the office as much as possible), and I have my own clients. I can even do things like swap legal services for — um, never mind.
I also have a great group of fellow SmallLaw practitioners that I consider my colleagues, and many of them are among the very best lawyers I know. After all, if you’re a top lawyer, why be in a big firm where you have to share the revenue you bring in? Was F. Lee Bailey ever in a large firm? Alan Dershowitz? Ruth Bader Ginsburg? Abraham Lincoln? No, no, no, and no.
But not every SmallLaw attorney is Abe Lincoln or the Notorious RBG. In fact, though it pains me to admit, there are more than a few of us who are the exact opposite. Here are five types of bad SmallLaw lawyers.
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The Lawyers Who Aren’t Just Lawyers. I’ve seen letterheads that, instead of listing a bunch of partners at the top, list the different professions of a single lawyer. And not jobs like teaching and writing and others I named last year as being beneficial to a legal career, but unrelated jobs like press agent, guidance counselor, realtor, consultant, even locksmith. Seriously — I’ve seen it. Can you imagine someone asking you if you can recommend a divorce attorney, and you saying sure, Joe Smith can handle your divorce. Then the person asks for a locksmith recommendation and you say, “Joe can handle that too!” The Lawyers Who Aren’t Just Lawyers cheapen our profession. (On the other hand, they never have to worry about being locked out of their offices.)
The Shady Lawyers. Ever hear of Paul Bergrin? Criminal lawyer in New Jersey, who would advise his clients to eliminate troublesome potential witnesses? One witness named Kemo got killed soon after Bergrin told a client, “No Kemo, no case.” We can add Paul Bergrin to the list of lawyers who were never in Biglaw, and there’s a reason Shady Lawyers tend not to be in Biglaw. In SmallLaw, no one is looking over your shoulder. There is no partner committee worried about the reputation of the firm. It’s easy to get mixed up in nefarious schemes, like swapping legal services for — um, never mind. And while it’s fun to read about Shady Lawyers like Paul, they give the rest of us a bad name.
The Lawyers Who Do It All. Maybe they’re not out there trying to be a locksmith too, but they’re taking everything that comes in, and because they try to handle everything, they screw up everything. The bankruptcy lawyer trying to lead an M&A deal. The DUI lawyer trying to handle tax matters. To John Q. Public, once someone has a law degree they can handle anything, and some lawyers take advantage of that. “Sure, I can handle your space law matter. Right after I finish up this medical malpractice case.” No one can be competent in every practice area, and incompetent representation hurts everyone.
The Media Whore. Obviously, a big part of the job — especially in SmallLaw — is getting clients, and the media is one way to reach people. But publicity can be addictive. One taste, and suddenly the Media Whore is advising all their clients the best way for the lawyer to represent them is to be on television as much as possible. “Oh, you need me to negotiate your employment agreement? It’s best I get on Bloomberg pronto!” Some lawyers are more focused on being in the paper or on TV than in representing their clients. I know lawyers that have their own publicists. I’m sure they’re fun at parties: “Ah! There’s a camera over there. Everyone get out of my way!!” “Oh, it’s just a guy taking a selfie. Well, maybe he wants a lawyer in it.”
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The One Who Steals Clients. Of course, this happens in Biglaw too, but in SmallLaw it’s generally a little easier for clients to switch law firms. The One Who Steals Clients never hesitates to badmouth fellow attorneys, and will continually talk about what he would do different and will try to get the client — my client — to meet him for coffee. “Geez, that Gary guy is your lawyer?! Did you know he’s also a locksmith?” The One Who Steals Clients has a special section of hell set aside just for him.
If you strive to be the best — to be the Aaron Rodgers of law, or at least the closest to that you can be (maybe the Alex Smith of law) — then you shouldn’t feel the need to be any of these. For most of us in SmallLaw, if we focus on our work, put clients first, be honest, and get enough sleep, then we won’t be tempted to be any of these types of lawyers. Then we won’t be swapping legal services for — oh, never mind.
Next week: The 5 Best Types of SmallLaw Lawyers.
Gary J. Ross opened his own practice, Jackson Ross PLLC, in 2013 after several years in Biglaw and the federal government. Gary handles corporate and securities matters for startups, large and small businesses, private equity funds, and investors in each, and also has a number of non-profit clients. You can reach Gary by email at [email protected].