Today, I'm once again thinking of all the changes in the legal profession over the past few years. A lot of attorneys have been fired or laid off from prestigious firms. Others have graduated from law school and passed the bar, just to find out that there's no job market to accept them. I believe this has really begun to change the mindset of the majority of the legal community. Since I have survived the past 15 months of practice as a new attorney with 3 kids in a single income household, I think I may have some insight for those that have been out placed or have found themselves to be an "unintentional solo". Some may even wish to consider this as their business plan for the next 12 months as they figure out what they are going to do now.
GET LEAN - "Big Law" is really an existence based on perception. Perception is often expensive. Now, you have to fight for every dime. Don't go out and sign up for expensive research or case management applications. Don't believe the lie that the phone book folks tell you and sign up for their expensive ads. Get your finances in order. If you have to cancel the cable
TV bundle for a while, do it. If you have to trade the BMW in on a used Taurus, do it. Do what it takes to be able to live within your means. Also, don't buy a lot of expense equipment or enter into an office lease. Search sources like
craigslist for free or used hardware. Find a network of local coffee shops or restaurants to meet clients. Use as much free and open source software as you can find. Maybe Linux isn't for you, but you can certainly use
OpenOffice instead of paying for Microsoft Office.
FIND ALTERNATIVES - Sure, you may be used to
WestLaw and Lexis, but they are expensive. Find the local law library, law school or even a community college with a paralegal program. Often those have free resources that you can use. Also, some bar associations offer other research programs, such as
Fastcase or Versus with their memberships. If its case management you are looking for, consider using file organization, spreadsheets and a
PIM like
Thunderbird (or even Outlook, if you must) instead. Also, just because books are published every year, it doesn't mean they have to be bought. My procedure books from 2007 are still functioning just fine.
FIND A MATCH BETWEEN THE NEEDS OF THE LOCAL MARKET AND YOUR SKILLS / DESIRES - Let's face it, there are not enough personal injury cases, contract cases or inside counsel positions to go around for every attorney that wants that sort of practice. But there is still a lot of law to be practiced. Go to the county or counties you want to work in and find out what kind of cases they are appointing attorneys on. These cases will give you experience, exposure and may even keep the lights on. They don't pay much, but the beat digging ditches. You might also find that sometimes its easier to have a client who is appointed, because they are not usually as demanding as the "full rate" client. By going after the practice areas that are available, instead of just going after the areas that you want, you may find out what law and cases are out there to keep your practice afloat.
LEARN TO TRY A CASE - Fewer and fewer cases are tried these days. Find out in what areas cases are actually being tried and go get some experience. Clients expect attorneys to be able to try cases, but many attorneys are not comfortable trying cases. For example, my current book of open cases is 40% juvenile cases. Some of those involve the termination of parental rights. Often those cases are fought harder than any other type of case because someone ,usually the state, is looking to terminate someone
else's CONSTITUTIONAL RIGHT to being a parent. Often, trial is the only way to work that sort of case out.
ADJUST YOUR WARDROBE - There is a common misconception that the best dressed lawyer is the best lawyer. Often times, cuff links and sharp matching suits are there to disguise inability and inexperience. Once you figure out where you are going to be practicing, look around you at what the other attorneys are wearing. MAYBE they are all wearing matched two piece suits and / or dresses with matching ties and handkerchiefs. However, since over 90% of the US is still rural, I suspect that you will find the normal attire to be sport jackets and
khakis. In some courts it may even be sports jacket and jeans or a nice shirt, tie and khakis, with the jacket hanging somewhere in a closet gathering dust.
GET A JOB - Being a lawyer is about serving other's needs. Their cases are their problems, not yours. So, its THEIR NEEDS you are dealing with. Similarly, if you have to take a job as a waiter to survive as you build your practice, guess what, you are still serving someone
else's needs. Too many attorneys believe the they cannot "stoop" down to take a part time job. They had rather file personal bankruptcy, than take a part time job that is hiring. Also, consider who is hiring within the legal profession. Maybe you need to work for the Public Defender's office or the Department of Children's Services office for a while,
because that is where the need is. You may even find that you like it.
KEEP RECORDS - At some point, you need to be able to look back on a period of time and figure out where your core business is coming from. It may surprise you. I currently do A LOT of court appointed work, but the majority of my income since January has still come from private fees. Also, I never intended on doing a lot of juvenile law, but as I previously stated, I was surprised to find out that 40% of my cases are juvenile cases. So, you need to be able to
quantify your business and income so that you can
eventually hone down your practice in a way that fits you and your lifestyle.
FIND A CAUSE - One of the groups that I am a part of is Alliance Defense Fund. It champions issues that I believe in. It has provided me training in those areas. From time to time, I have a pro
bono case that comes from them. Why is this important? It gives me experience, greater exposure and allows me to litigate issues that I find important. It make my practice more than an income generator.
BE ACCESSIBLE - I believe that communication is key to keeping clients happy, or at least, not mad. Let clients know what is the best way to reach you, whether that be by phone, email or other means. Call people bank and respond to inquiries. I don't believe the general public likes to talk to attorney's staff all the time. Clients want to talk to their attorney, so let them.
This sums up my thoughts for today for those that find themselves as new solos. Feel free to comment if I've left something out.