MyShingle : Solo and Small Law Firm Management and Marketing

I came across this Salary Chart for Solo Practitioners, updated as of January 21, 2007.  I can't say that it's all that scientific, since it sampled 244 respondents.  But for what it is worth, according to the chart, median salary for a solo 1-4 years out is $50k, 5-9 years, $80k, 10-19 years - 82k and 20 years or more, $110,000.  Not surprisingly, salaries vary by city, where Houston solos earn $100k, and and Atlanta solos down at $50k (it's not clear how experienced the solos in each city were).  As for practice area, all seem very close n range; family law is on the low end with a median of $55k, most others up around $75k.

The chart corroborates a couple of observations I've had about solos and salary.  First, for newbie lawyers (under 5 years out of school) who don't have the $160k large firm option, solo practice either matches or exceeds the salaries that these lawyers would earn at a small firm or working for a prosecutor or public defender.  Farther down the line, solo practice continues to match earnings at other alternative employment until leveling off at around the 10 year mark.  At that point, I think solos have a choice if they want to increase earnings:  either diversify their business model to take on alternative fee or contingency cases, or outsource or hire an associate, and earn a profit off that person's work. 

As for large firm attorneys, the comparison is obviously different.  Initially, you may take a pay cut moving from a large firm to solo practice, unless you can take one or two "anchor clients" who can guarantee a decent baseload income.  At the same time, you gain more flexibility over your schedule and more hands on experience.  And though you'll still work hard, you'll likely work less than the regular 60-70 hours that large firm associates put in on a regular basis.   And over time, having a "biglaw" specialty will give a larger payout in the future.  You may not regularly match the salary of a biglaw rainmaker/partner, but you can certainly earn 4-5 times what the average solo does.

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Ardsley, New York January 29, 2007-Having trouble figuring out what music to play in the background as you bang out that brief? Looking for some songs to psych you up on the way to court?  The Billable Hour Company has the answer to these interrogatories: they've opened a music store featuring CDs by and for members of the legal profession.

The Bar & Grill Singers are a group of practicing attorneys in Austin, Texas. On their three CDs-A Time to Grill, Grilling Me Softly and Licensed to Grill-they blend layered vocal harmonies with topics ranging from lifetime judicial appointments ("Appointed Forever") to somnambulant factfinders ("The Jury Sleeps Upright").

West Virginia lawyer Bob Noone-along with with his group, The Well Hung Jury-covers a lot of ground on his two featured albums, Wingtips Optional and Second Helping of Chicken Suit for the Lawyer's Soul, tackling everything from legal education ("Fifty Ways to Get Through Law School") to lawyer advertising ("Bring Your Case Here to Me") and more.

Both groups perform in a wide range of musical styles, from swing (Noone's "Lawsuit Riot") to 80's pop (Bar & Grill's "I'm Billing Time"), R&B (Noone's "My Will") to do-wop (Bar & Grill's "Mr. Foreman").

"We chose these groups to inagurate our musical offerings because their songs are simply hilarious," said Lisa Solomon, partner in The Billable Hour Company. Mark Solomon-a lawyer and actively performing musician himself-also noted the albums' tight arrangements and high production values. The CDs are available for $14.95 each at the company's website, www.TheBillableHour.com.

About The Billable Hour Company

The Billable Hour Company sells humorous gifts and greeting cards especially for lawyers, law students and legal professionals. Gift items include timepieces featuring dials marked in six-minute increments-the same way many lawyers bill their time. For additional information, contact Lisa Solomon or visit the company's website at www.TheBillableHour.com.

Click here to hear a music sample: 

Lawsuit Riot (sample) by Bob Noone & the Well Hung Jury

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I know that some people believe that law is for the dogs.  And that's even more true when you work from home, since dogs provide quiet companionship.  Attorney Michael Eisenberg has recognized the affinity between lawyers and their pups, and started this blog, www.amicuscanis.com, where you can share photos and stories about your practice and your pets.

As proof that I'm part of this club, I've posted a photo of myself (after hours) in my messy office with my congenitally deaf Old English Sheepdog puppy, Francesca (Frisky).  At three, she's still a rambunctious baby, who's intent on squeezing her 85 pound body under the desk or cramming it between the wall and the file cabinet. 

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Over at my Legal Blogwatch beat, I posted about measuring the ROI of blogging.  Specifically, should lawyers attempt to quantify the value of blogging in dollars and cents, or evaluate the benefits of blogging in the same way that we evaluate the benefits of other marketing techniques like dining with clients or networking.  Let me know what you think.

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In this article, Tools of the Trade:  Web 2.0 Top Ten List (1/29/07), attorney Lee Rosen shares his top ten list of internet tools that can "make the practice of law easier, faster and more convenient for attorneys and our clients."   For those unfamiliar with the term Web 2.0, Rosen describes it this way: 

Web 2.0 is a vaguely defined phrase, and there is not yet one universally accepted definition. I like to think of it as "software as a service" - sort of "borrowing" software and a server to run it rather than downloading the software to your own machine and being forced to maintain both the software and hardware yourself.

Rosen's list of Web 2.0 applications for small firm lawyers include Google Docs (http://docs.google.com) that allows for collaboration on word processed documents via Internet and  Google Spreadsheet, a related application for spreadsheets.  Rosen notes that neither Google program is as robust as its Microsoft counterpart, but "they have all the features required by the average lawyer."  Other applications include online meetings or web conference tools such as gotomeeting.com, Jacuba Charts (http://charts.jacuba.com) for creating full color charts for courtroom use and Wufoo (http://www.wufoo.com) which is a form building application.

As Rosen concludes:

In the Web 2.0 world, you can run an entire law practice without any software residing on your computer. Nearly every kind of application is now available online. It's an exciting time on the web, and the opportunities for improving collaboration, productivity and freedom in serving your clients and managing your practice are greater than ever.

I have to admit that I personally have not sampled most of these applications.  I tend to get stodgy, set in my ways with whatever works and only learning about something new when I perceive a powerful incentive to do so.  There's simply no time for any more than that.

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This article, In iron lung, lawyer forged iron will (Dallas Morning News 1/29/07) features
Paul Alexander, a remarkable solo who practices law, despite having been paralyzed from the neck down since childhood as a result of polio and breathing with assistance from an iron lung.  But how does Alexander's condition affect his clients?  Not much, from what I could tell from the article - and in fact, he's earned their respect:

One of his clients is Karen Pitts of Denton, who often refers him to friends and neighbors in need of an attorney.  "He really is really a wonderful individual," Ms. Pitts said. "He's overcome a lot. I really respect Paul in many ways. He is a more capable attorney than the ones walking."

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Q:  I'm only applying to law school now, but I am hoping to open up my own general practice as soon as I graduate.  Here is my situation:  I am fairly sure that I will be admitted to a law school in the city where I am intent on living and opening my firm (School A), as well as another law school in the middle of nowhere and hours away from my preferred location(School B).  School A costs 27k per year and School B costs 11k.  Both schools are similarly ranked 3rd/4th tier.  Should I go to the school with less tuition (and thus, less crushing debt) or go to the school where I can establish a network (potentially allow me to make valuable connections for business)? I want to take on less debt  so I can take bigger financial risks opening the practice, but I also want that network and feel that I should know the area before I begin to set up a firm there.  More specifically, I would like to know whether having prior local work experience in law school, through an externship or clinic helpful to starting a practice, or can I just pack up and move to any city and start drumming up business?

A:  Nothwithstanding the difference in cost of roughly $50,000 (figuring 81,000 in tuition at School A versus $33,000 for School B), I believe that you should attend School A.  Here's why.   

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As you can see, I've been busy with lots of posts.  It's just added up over time.  I know that I should space them out and post them every so often, but once it's written, I want to get it live.  But you don't have to read all my posts at once; come back a few times and read at your leisure.

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Professor Alan Childress of Legal Profession Blog emailed me a link to his post on an article by Brenda Bratton Blom entitled Cause Lawyering and Social Movements: Can Solo and Small Firm Practitioners Anchor Social Movements?  My answer to the question posed by Blom's title is that solo and small firm practitioners by our very being and the ideas that we put into action already anchor social movement and drive change in our profession.  However, the impression that I get from the article is that solo and small firm lawyers aren't truly cause lawyers because we're not adequately integrated into fights for social justice, such as the civil rights movement of the 1960s or (possibly), the big impact cases that advance big causes (personally, I always thought that was what lobbying, not litigating was about).  If that's the definition of cause lawyering, we solo and small firms aren't cause lawyers, nor can I see why we'd want to be.  My  lengthy analysis follows.

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I always loved this song, Video Killed the Radio Star.  But I never thought I might be witness a paraphrased version of it someday. Specifically, is video going to kill the "blogging stars" - and maybe even the "lawyer stars?"

Consider this trend.  Lawyer bloggers  Imke Ratchko of  New York Small Business Law and Nicole Black of Sui Generis have stepped way, way out in front of others, with video greetings on their blog.  (I tried my own shaky little video experiment but here, but have yet to add one permanently as Imke and Niki have done).  The greetings are short, but they give us information about each blogger looks and sounds, and even what their personality is like.  They're a way for each blogger to step off the page and outside the screen and introduce themselves to the world.  If, as blogger Craig Williams said, blogs are a handshake to the world, then video greetings are a huge embrace.  And though some might say that an embrace isn't appropriate in the business setting, technology hasn't replaced our humanity.  Quite simply, people crave the human touch, we still remain intensely curious about how others look and sound, indeed, even more so after we've read what they've written. And in a world that's become increasingly one dimensional, as we conduct many transactions remotely by email, the video blog captivates our attention and satisfies our curiosity.

According to reports like this, YouTube will play a huge role in the upcoming 2008 elections, and indeed, had some impact in 2006.  And it's going to be a huge marketing tool for lawyers, because the more information that we can share with our clients, the more likely we are to be hired.  So follow our leaders, Imke Ratschko and Nicole Black into this brave, new visual world while it's still wide open.  And I'm looking forward to seeing all of you (at least virtually) on the web this year!

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It's not clear whether it's too soon to call this a trend, but Joel Schoenmeyer at the Death and Taxes blog notes that at least one large firm, Chicago-based Sonnenschein has decided to get rid of its estates group.  Shoenmeyer writes:

I wouldn't be surprised at all to see other big law firms start to follow suit (an exception might be firms like McDermott, which are built around their estate planning and probate practices). I enjoyed my experience at Sidley & Austin, but it was clear that the estate planning department generally was treated as second class citizens. My understanding is that compensation for estate planning partners is lower than for litigators and corporate attorneys. I suspect this is true at a number of big firms, many of which view estate planning as a "service group" (there to provide support to other groups, or planning to the firm's attorneys).

Schoenmeyer writes that part of this is money - estate planning, even the largest matters, don't generate the same million dollars in fees as do large corporate clients. 
It may be that big firms don't need estate planning groups.  But at this point, it doesn't matter, suggests Schoenmeyer, because "good estate planners don't need big firms either."  Trusts and estates boutiques are likely to be the wave of the future.

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I come from a long tradition of hands on learning.  Back when I was around 8 years old, my dad, who's a chemist, would let my younger sisters and I loose in his lab on the weekend, where, unsupervised, we'd mix up solutions with "HCl" (hydrochloric acid), phenolthaline and other chemicals and watching them turn pretty colors.  It wasn't until I took Chemistry, and then AP Chemistry years later that I understood the process behind the "potion making" that I'd engaged in long ago (and only then that I learned that HCl can be kind of dangerous, depending upon the concentration). Now that I'm a parent, I try the same techniques with my daughters too.  I've let them go crazy with the baking soda and vinegar and menthos and diet coke in the back yard, learn fractions through baking and math by counting change at the grocery store. 

Today, as a lawyer, I recognize that there are plenty of marketing lessons all around us, examples of what makes for good and bad selling that we can extend to our practice.  I've shared a real life marketing lesson at least once before, and now, I see that blogger,Jay Fleischman has done the same here.  Fleischman writes about an enterprising delivery man who marketed his service by handing out business cards outside a shuttle bus that home furnishings company IKEA runs from New York to its Elizabeth, New Jersey store.  Fleischman offers some ways that the delivery man could polish up his act (a nicer shirt, a business card with a photo of his delivery truck, and more) to generate even more business.  And Jay argues those changes, which seem superficial, can make a big impact on clients as well.

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Jay Fleischman, a New York consumer bankruptcy lawyer with a bankruptcy and consumer law blog.  But he also publishes BankruptcyPractice Pro.  And don't be deceived by the name - Bankruptcy Practice Pro has great technology, marketing and practice tips that work for all lawyers.  And like my buddy Chuck Newton, Jay is also a "third wave" lawyer.

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I just wanted to announce one more time that I am organizing and moderating a DC Bar Law Practice Management event on Blogging for Lawyers:  How Practicing Lawyers Are Using Blogs to Find Clients, Fortune and Fame and How You Can Too!  The panel will feature three top bloggers from different firm backgrounds:  Marc Mayerson, a mid/large sized firm partner who writes Insurance Scrawl, Amy Howe, partner at Howe & Russell, the creators of the widely read SCOTUS Blog and Scott Hodes, a solo attorney of The FOIA Blog. 

The event is January 23, 2007, noon to 2 at 1250 H Street NW Level B-1.  To register online, go to this link.

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Over at my beat at Legal Blog Watch, I posted my opinion  on Assistant Deputy Secretary Cully Stimson's suggestion that corporate clients reconsider their relationship with large firms who represent Guantanamo detainees.  I'm posting some other thoughts here at MyShingle, more from a solo's perspective.

Stimson's comments have drawn criticism from dozens of bloggers, as well as the ABA and 100 law deans.  Indeed, the Pentagon has since disavowed Stimson's comments.  Yet while it's gratifying to see lawyers galvanized over some issue, I still do not regard this matter as clear cut at all.  In fact, there's a strange irony to it. 

I believe that initially, the law firms that signed up to represent detainees cared deeply about their rights.  But soon after, dozens of other firms (listen to Stimson's speech - they're all listed) jumped on board.   And I believe that many of the firms did so for PR and so that they would not be at a competitive recruiting disadvantage.  The firms' decision to represent the detainees was economic, not political, which is why threats of economic repercussions carry the impact that they do.  Usually, when lawyers sign up to represent a client, threats from the government or anyone else about being ostracized or repercussions do not move us.  That is part of our job. And anytime we take on controversial clients, that's part of the risk.

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Earlier today, I mistakenly uploaded my posts for Legal Blog Watch to MyShingle.  I've removed the posts and migrated them to Blogwatch.  Sorry for the mistake.

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Believe me, as a solo who competes frequently with large firms for clients, I'd love, love, love to buy the arguments made by my blogging colleagues, Chuck Newton and Tom Collins that small firms don't need to, and shouldn't have to compete on price (Chuck's post is here, Tom's post is here).  And perhaps that's true in some cases.  For example, if you're dealing with a multi million dollar company involved in a multi million dollar deal, whether you charge $300 an hour or $450 an hour doesn't matter much in the greater scheme of things. But that's nice work if you can get it, and many solos and small firms can't.  Instead, many of us target that niche of clients who can't quite afford biglaw, but at the same time, aren't destitute.  For those companies, saving $50,000 or even $25,000 on legal fees can make a difference.  And we solos and small firms can capture those clients without it making a dent in our bottom line, because of our lower overhead.

In addition, while it's nice to hear from lawyers who say that price doesn't matter, I'm more interested in what clients say about price and small firms.  Consider this article at law.com about why clients hire solo and small employment lawyers.  At least two of the lawyers quoted in the article cited "cost efficiency" and low price as one of the reasons why they preferred their small firm employment lawyers.  Sure, other things mattered, like knowledge and quick turn around.  But price was also cited as a factor.  Similarly, consider this year old post by Larry Bodine about the trend towards "pinpointing," where firms seek out smaller firms in other cities to handle litigation rather than relying on their biglaw attorneys in major urban centers.  Obviously, cost is a factor in those cases as well.

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• how to candidly assess their energy   states and where they are now in their professional lives
• the bigger picture of discontent in   today's legal profession
• heartening news about what is being   done right now to change the profession's status quo
• how to craft a vision of the career   they want and the steps needed to make that vision a reality
• how to create a practical and   useable action plan to reenergize their work lives and more

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I'm sorry for recent light postings, but I'm still suffering a little writer burn out from my recent book completion.  Now, it's back to business and I'm ramping up my marketing efforts for 2007.  Among my projects, I'm starting a network specifically for solo and small energy law practitioners to collaborate, team up and figure out ways that we can bring innovation to our little sector of the law.  I've described more about the network at our new Wordpress site here. 

The kick off meeting is January 24, 2007 - free lunch at my offices - so if you're a solo or small firm energy law practitioner (or even a solo-to-be) interested in joining, please visit the website for more details. And if you know anyone who might benefit from this group, pass it on.

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Let me make two things clear at the outset of this post.  First, Greg Siskind, who pioneered use of the internet for lawyer advertising and public education through his website, Visa Law is one of my heroes.  I remember visiting his website back in 1994 in the nascent days of the Internet and recognizing right away that he was on to something. Second, given Siskind's overwhelming Internet presence and longevity, I don't believe for a minute that a lawyer who practices immigration and sets up a copy cat site like this one can truthfully claim that it's pure coincidence, and that he never saw Siskind's site.

But....while Siskind arguably may have copyright or trademark claims that he can, and should, raise in court, I disagree with is decision to contact the Florida Bar about Disney, Thompson, the law firm that stole his content and design, as reported in this article,
Seeing Double, ABA e-report (1/5/07).  Siskind filed a complaint with the Florida bar, arguing that the Florida firm had copied his site and presumably, in so doing, engaged in unethical conduct.  Indeed, the article notes that lawyers have been grieved for plagiarism in briefs, though Siskind was first to raise the issue about plagiarism in websites.  The firm lawyer denied ever seeing Siskind's site, which as I said earlier is not plausible.  I think that a better (or more truthful) defense would have been that given that he practices in Florida and Siskind's firm does not, that the attorney did not see a likelihood of confusion, nor was he attempting to steal the firm's potential clients.  In any event, the Florida bar dismissed the complaint, saying that it could not find that the firm's lawyers engaged in intentional misconduct.

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I'm a member of the DC Bar's Law Practice Management Steering Committee and on January 23, 2007, we're sponsoring an event on blogging.  We have a blue ribbon panel, with top bloggers (listed below).  Usually, these seminars cost upwards of $100 or more, but the DC Bar is making this available for $35.  Come hear about lawyers who are using the web to build their practice - and more important, how you can too.  You can register at the DC Bar Website, www.dcbar.org.

Blogging for Lawyers:  How Practicing Lawyers Are Using Blogs to Find Clients, Fortune and Fame and How You Can Too!

January 23, 2007 Tuesday
        12:00 pm-2:00 pm        

Description

Blogs are one of the best kept marketing secrets of the legal profession. What most lawyers don't realize is that blogs are helping practicing lawyers find clients, make money and establish a name for themselves in the legal community. Blogging is not a gimmick; you will hear from the lawyers on our panel how blogs have helped to build their practice or reinforce their reputation. Our panelists will tell you how they started blogging, share their wild success and give you tips on how to get started. And even if you don't start your own blog, we'll direct you to some of the top blogs that you can read to build your practice and serve your clients.

Sponsor

Law Practice Management Section

 

Cosponsors

   

Administrative Law and Agency Practice Section

 

Speakers

   

Amy Howe, Partner, Howe & Russell, Washington DC, a national Supreme Court litigation practice

creator of the widely acclaimed SCOTUS Blog

Marc Mayerson, Partner, Spriggs & Hollingsworth, Washington D.C.

creator of Insurance Scrawl , a nationally recognized American Law Media affiliate blog

Scott Hodes, Attorney at Law, Washington D.C., specializing in privacy and FOIA law, FOIA Blog

 

Moderator

 

Carolyn Elefant, Law Offices of Carolyn Elefant, Washington D.C.,

creator of MyShingle and co-author, Legal BlogWatch

 

Location

D.C. Bar Conference Center, B-1 Level
1250 H Street, NW

Closest Metro Station

Metro Center

Contact

D.C. Bar Sections Office: 202-626-3463

Offer CLE Credit

  No  

Cost

$25.00 - Section Members

$35.00 - All Others

$25.00 - Government and Nonprofit Employees

$20.00 - Law Students

 

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