MyShingle : Solo and Small Law Firm Management and Marketing

I'm still blushing after all of the compliments and good wishes from my fellow bloggers who linked to this article about my practice and my book, Solo by Choice.  And I won't deny that I enjoyed the attention (as well as the resulting book sales).  But I need to clarify --  I don't want to be the voice of solo practice because there's no such thing as a single voice of solo practice.   Instead, there are many voices - a veritable chorus  who write about or advise solo and small law firms.  Some champion the can-do entrepreneurial attitude of solos and celebrate our independent spirit, some  work to inspire others to make the leap, some had the vision to recognize that we solos are part of Alvin Toeffler's Third Wave, some dream of building their firm, some  help empower Second City start-up lawyers, some are known for their tech savvy, some want to change the way law is practiced and some have discovered that their entrepreneurial talents extended beyond starting a law firm.  Even Dennis Kennedy recognized all of us as a collective category unto ourselves.  And beyond those of us who render advise to other solo and small firm lawyers, lets not forget the hundreds of solos who blog about criminal law, family law, personal injury and a huge array of other topics and in doing so, help educate and current potential clients.

So where do I fit into all of this?  For me, my end goal is and always has been about serving clients and improving the legal profession.  True, I write (both here and in my book) about marketing a law firm and  making money, about how solo practice can help biglaw attorneys can find career satisfaction and how starting a firm can help with worklife balance.  But the reason that I want to help lawyers find worklife balance or career satisfaction or success is so that we can retain talent in the profession.  And in turn, those talented lawyers will use their skills and passion to serve clients zealously and offer an alternative to biglaw practice.  As a result, we can improve the quality of the profession and expand meaningful access to our justice system.  That' s also the reason that I spotlight the positive accomplishments of solo lawyers.  Of course, I hope to give solos deserved recognition and inspire others to consider this path.  But more importantly, by focusing on the good that solos and small firm do (rather than the ethical foibles that the mainstream press is all to eager to highlight), I want to improve the stature of solos so that judges won't disregard our clients' positions simply because hey're not represented by a hotshot, blue chip firm. 

In the five and a half years that I've blogged at MyShingle, I've seen some attitudes about solo practice change, but very, very slowly - and sometimes, not even noticeably.   One voice won't change much at all, but with a village of voices, we stand a chance.

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In reviewing my blog's stats since I've moved to a Lexblog platform, I've noticed that Soloformania is consistently, one of my site's top traffic draws.  Most visitors come to the Soloformania page through  Internet searches for terms like "sample   client engagement letters" or "free client interview checklists."  Apparently, there's a substantial need for easy access to these types of agreements, so I'm glad that I'm able to make these materials available.  Incidentally, I've eyeballed all of the materials included on the site (with the exception of the court forms) and though again, I can't vouch for completeness or compatability with state law requirements, these forms were some of the better ones out there. 

Fortunately, I'm not the only game in town.  Within the past few months, other sites, such as JD Supra, Docstoc and Scribd have cropped up that allow lawyers to search for forms letters or sample agreements and motions.  I always find that examples provide a good starting point to drafting my own materials, but I can't emphasize enough that you've got to perform your own due diligence in using these documents.  As I discuss in my book, some state bars require disclosures or "magic language" for certain types of retainer or fee agreements, and failure to include them could lead a court to void the entire arrangement (translation:  you don't get paid, and you may get disciplined!!).

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Here's a quick update on my book, Solo by Choice.  First, a huge public thank you to all of the bloggers and writers for online publications who have reviewed the book and helped get the word out to others.  I realize that reviewing a 300 page book is a daunting task, so I'm grateful to those who actually took it on.   I simply can't imagine releasing a niche book these days without seeking coverage in the blogs. 

This month, my book has gotten some coverage in the legal trade press.  Thomas Adcock had a nice piece about my book in the New York Law Journal, from the angle on why unhappy biglaw associates might want to consider starting a firm even in recessionary times.  And Debra Bruno's piece in this week's Washington Legal Times discusses my book from the perspective of how starting a law firm can help lawyers find work life balance.  There's also some information about
my own practice.

I continue to try to add more information about my book - either updates or materials left on the cutting room floor in the Author's Cut/Pocket Part section.  I'll be adding some new material soon.  If you've read the book and still have questions, please send them to me and I'll include a response as an update to that section.

Finally, I'm happy to report that Solo by Choice is once again available at Amazon.com and Barnes and Noble.  But you can always buy the book directly from the publisher at Decision Books.com - same day shipping and no shipping charges. 

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Even if you missed the ABA TechShow 2008, you can find a terrific series of extremely comprehensive summaries of various panels here, courtesy of the Technolawyer Trade Show Reports, authored by Technolawyer's intrepid reporter, Mazyar "Crazy Mazy" Hedayat.   On Friday,
Mazyar posted his detailed report on Beating the Startup Blues: A Tech Survival Guide that I co-presented with David Masters. 

As Mayzar's post bears out, while David and I have our own personal preferences about technology choices, ultimately, we agree that there's no one-size fits all solution.  When you start your firm, you need to evaluate the hardware and sofware choices with these factors in mind:

• Cost
• Mobility
• Ease of Use
• Available Support
• Compatibility
• Security

Take a look at Mayzar's post for a full summary of the different categories of technology tools to consider when starting your firm.  Also, for another excellent TechShow summary, visit Brett Burney's summary article at Law.com's Legal Technology.

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Everyone starts somewhere, law firms included.  Consider this story from Forbes about Jere Beasley, one of the nation's most successful personal injury lawyer who's secured multimillion dollar settlements and verdicts against some of the largest corporations in the country.   According to the story, Beasley started a solo practice because he couldn't find a job.  Today, Beasley's little law practice that occupied a couple of rooms in an old house fills three buildings, with 44 lawyers and 225 support workers.

I realize that personal injury work isn't everyone's cup of tea.  But my point is simply that there are opportunities to grow your law practice beyond just one or two lawyers if that's what you want to do.

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The most important thing that I took away from the ABA Tech Show doesn't have anything to do with a gee-whiz gadget or gizmo that will increase productivity or help lawyers work less and earn more.  Instead, what I want to share are some of the trends that have taken hold of the profession and are changing not just the form of how we do business, but the substance of how we relate to other lawyers and most importantly, our clients. 

Consider social networking tools like Facebook and Linkedin.  For solos, these tools help combat isolation, but they do more than that.  Social networking sites help us get to know colleagues on a more personal level so we have a sense of their personality and whether they'll be compatible with a potential referral source.  Even more significantly, networking sites, in combination with listserves or Google Groups give lawyers the ability to create our own associations without having to rely on bar associations.   For example, the D.C. Bar won't even sponsor a listserve, but who cares?  My co-panelist, Toby Brown, described that one associate at his firm created a Texas Lawyers Linked In group and attracted 50 members within a day or two. 

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What do large law firms have in common with Sesame Street's Kermit the Frog?  For both, it's not easy being green.  Take a look at the hoops that mega-firm Reed Smith had to jump through when its clients started inquiring about the firm's green initiatives.  As described in this article, Reed Smith first created an internal green management committee to provide a list of green suppliers to employees and to manage the firm's $5 million travel expenditure with green goals in mind.   Eventually the firm made a carbon offset donation of $22,000 to account for 13.7 million miles flown.  The firm's goal wasn't to eliminate the miles traveled, but to make a donation to offset miles used.   Aside from travel issues, the article does not mention any other efforts by the firm to go green - such as encouraging telecommuting, going paperless or substituting web based meetings for in-person ones.

In contrast to large firms, green is something that we solo and small firm practitioners are rather than something we do.   Many of us work from home at least part of the time, which keeps cars off the road.  And we employ virtual assistants or contract lawyers who also work from home, further cutting down on traffic and the corresponding emissions.   Working from home allows us to dress as we like, so we can limit the cost of dry-cleaning, which isn't even slightly green (some would argue that you don't even need to change your clothes regularly when working from home, but that's taking environmentalism too far in my view!).   Many solo and small firm lawyers are also cutting down on travel costs by utilizing video depositions or affiliating with counsel in other cities who can handle local matters where face to face contact is required. 

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Remember the two headed Pushmi-pullyu from the children's classic, Doctor Dolittle?  What you probably didn't realize back then is that the Pushmi-pullyu serves as an apt paradigm for providing information to your clients.  I unveiled this concept last week in my presentation at the ABA Tech Show 2008 on "Using Technology to Retain Clients."

Most experts, the venerable Jay Foonberg included, advise you to bury your clients in paper, sending them every draft you prepare or every document filed in a litigation matter.  Sounds terrific in theory, but in practice, constantly streaming documents to clients creates added stress.  The growing piles of paper constantly remind clients of the looming matter, not to mention the burgeoning legal costs of each piece of paper generated where you bill by the hour.   Paper pushing doesn't just happen in the context of an ongoing matter; some clients find that even after their matter ends, they continue to receive client newsletters, event announcements and other materials from their former lawyer several times a week.

Now, that's not to say that you shouldn't send clients important materials - drafts where their feedback is required or documents that you filed on a client's behalf in a case.  Likewise, sending clients a monthly newsletter or occasional alert about a change in the law will help keep them up to date on a matter.  But you need to exercise restraint with materials that you PUSH on clients.

That's where the Pushmei-pullyu model comes in to play.  Because of technology, we're not limited to simply PUSHING information on clients.  We can also employ tools to PULL clients to information.  Tools like blogs or webinars and teleseminars  give clients the option of reading or signing up for them - but they're not forced to do so.  Likewise, collaborative technologies like extranets, project management tools like Basecamp, Zoho or Google docs let you post documents online in a password protected location where clients can log in and access information at their convenience.   By pulling clients to information, you avoid being an annoyance and you make it easier for them to play an active role in their case. 

Bottom line:  when it comes to using technology to cement your relationship with clients, you need a little bit of  PUSH and a little bit of PULL.

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In theory, I like the idea of live blogging - at least when someone else is doing it.  When I read through a live-blogged, play-by-play entry, it's almost as good as being at the conference myself.  Plus, even if I actually attended the event, it's interesting to read about it from someone else's perspective.

But in practice, when it comes to live blogging - well, it's a bit of a pain.  You need to tote a laptop around all day, plus  endure the nagging sense of obligation of having to write a post. 

In any event, I have a free moment, so I'm using the opportunity to blog.  This morning I co-presented with David Masters (the Adobe guru) who just released a new book that includes information on Adobe 8.0) on tech for the start up law firm.  More of a turn out than I expected and a fairly hot audience with a decent number of questions.  Tomorrow, though, I'm speaking about a topic that I'm passionate about - using technology to retain clients.  What excites me about that topic is that it involves a disruptive use of technology.  Ordinarily, we view technology as impersonal - so using it to build personal relationships that help bond us with, and bring us closer to clients - is a disruptive, almost counter-intuitive use.  And that's exciting to me.  In fact, it's through technology that I've built relationships with some of the people listed here whom I've had a chance to spend time with at the conference.

By the way, if any of you at Tech Show and are interested in paging through a copy of my new book, Solo by Choice, I'm carrying a copy around.  I don't have any available for sale, but paging through the book may help you decide whether you want to buy it.  And, I'll be hosting one of the dine-around dinners tonight with Jim Calloway  The topic is blogging, but even so, I don't plan on live blogging the meal. 

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Last Friday's New York Law Journal carried this story (subscription req'd.) about me and my book Solo by Choice.  The story apparently contributed to an increase in book sales, so once again, Solo by Choice is not currently available on Amazon (that's of this morning, 3/11/08).  However, you can always purchase the book for the $45 cover price (no shipping) from my publisher Decision Books.  The direct link to purchase is here.

If you do buy the book, I am always happy to receive feedback - positive or negative.  Since I feature both Author's Cuts (written material that didn't make it into the book) and Pocket Parts (book supplements) here, I'd be happy to amplify topics where there's a need for more information or write about issues that I didn't discuss in the book.  I'm fast learning that even after a book goes to press and comes out in print, it's forever a work in progress.

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After learning that he's one of the 83 percent majority of lawyers in New York who practice as solos, Eric Turkewitz asks just what does that mean anyway?  Specifically, Eric wonders whether the term "solo" as used in these kinds of surveys means just one lawyer, one lawyer with support staff or one lawyer with a few associates but 100 percent of the equity.  And he also asks a bunch of solo bloggers what definition should apply.

The first part of Eric's question is answered most easily.  At least for New York, the statistics come from the state's Commission to Examine Solo and Small Firm Practice.  The study found that
14.7 percent of lawyers practiced in firms of 2-9 an 1.8 percent practiced in firms of more than 10.  From these numbers and categories, I infer that the category of solos refers to law firms comprised of one lawyer.

To be honest, I don't really see much difference between a law practice of one attorney and one with as many as 3-5.  That's because these days, with the power of the Internet and listserves and virtual assistants and virtual associates and networking groups and bar associations galore, no solo is truly an island.  Nearly every lawyer I know, has at least one close colleague who can act as a back up in a case or can take a quick look at a brief or who can serve as a sounding board for ethics questions.  Likewise, most lawyers I know have on at least one occasion outsourced administrative tasks or used a contract attorney or hired a law student to work at the firm a few hours a week. 

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I know that I have blogging to thank for my invitation to speak at this year's ABA Tech Show and I am incredibly excited.  I consider myself fortunate because I'm really a practical technologist at heart, rather than a gadgety person.  I choose technology in a practical manner, based strictly on how much it costs and what it can do to help me right now.  And I implement it on a strictly "need to know basis" - using only those features that will support my goals and ignoring all others.

I'll be on two panels -- Beating the Start Up Blues: A Tech Survival Guide for the New Small Office and Client Retention: Technology to Avoid the Seven Year Itch.  In the weeks leading up to the conference, I've been busy experimenting with a bunch of different applications, especially many of the low cost and free ones that I mentioned in this recent Tech Round Up.  I completed my written presentations several weeks ago, but I'm still working on the Power Point slides - so if you have any suggestions for products or ideas that I might include for either panel, let me know.  I realize that Tech Show is one of the more costly events, but this year, there is a $425/one day solo/small firm option designed to make the programs more accessible to solos. (and yes, I know that's still high, especially for those traveling from out of state, but it's cheaper than the $895 full fare cost or $795 cost for ABA members).  

If you do decide to attend Tech Show, please track me down and say hi. In th meantime, I'll be reading these tips on planning for your first time at Tech Show.

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Just like goodbye doesn't mean forever, solo practice doesn't either - or at least, it shouldn't.   Some lawyers who start their own practices are committed to building and running a firm for the long haul.  Others view solo practice not as a permanent end in itself, but as a transition - a way to ride out recessionary times after a lay-off, to develop a new practice area or establish a reputation in a niche market or get courtroom experience or re-entering the profession after time spent raising family.  

In today's times, careers, not just at law firms, but in all professions are fluid, no longer characterized by a rigid career ladder or up-or-out-partnership track.  Today, lawyers practicing at firms and frustrated by lack of experience may decide to start their own practice, build up a skill set and return to another firm - as of counsel or partner years later.  Look at the business models of most dotcoms or serial entrepreneurs - most want to bring a technology along to a point that they can sell it to another company.  Could that model work for your practice?

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