MyShingle : Solo and Small Law Firm Management and Marketing

Recently, I realized that after five and a half years, I've been blogging longer than many people have been reading blogs.  And while I've collected quite an archive, who has the time to sit down and read hundreds of old posts.  So rather than let them fade into oblivion, I've repackaged a few in an e-book format. Though I could have compiled advice on marketing or client relations (and there are an abundance of blogs, excellent and mediocre that deal with these topics ad nauseum), in honor of upcoming law school graduations, I focused on the more inspirational posts that talk about what it means to be a lawyer, remembering what matters and finding your way back to what drew you to the law to begin with.  But the ebook isn't just for new grads - it's also for practicing attorneys.

I've always believed that starting a law firm offers one way to become the lawyer you always wanted to be.  So as an added bonus, if you download the ebook before May 15, 2008, you'll have a chance to win one of two free copies of Solo by Choice.   To download the book and gain a chance to win a free copy of Solo by Choice, go to this link.  (HT to Anita Campbell of Small Biz Trends) for the pointer to four free e-book templates). 

And by the way, Solo by Choice makes an excellent graduation gift for law school grads who want to start a firm right after law school or somewhere down the line.  For advice on availability and ordering, click here. 

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Many small firms wonder whether they should offer free or low cost legal services to start-up companies or small businesses in the hopes that those companies will generate more lucrative business as they grow.  Sounds great in theory, in many cases, once those baby start-ups mature, they may dump you for a more established law firm, irrespective of the quality of the work that you performed or the value that you created.   At least, that's been my own experience, recently confirmed in a post by Bruce Macewen of Adam Smith, Esq.:

Partners with those small clients will tell you (will they not?!) that "somewhere in here is the next Microsoft." Not true. Almost universally, small clients remain small clients. And experience has shown that those that grow into sizable enterprises are disloyal to their "starter" law firms and want to rapidly move up to more established and burnished brand name law firms as soon as they feel they have the stature to do so. How does it feel to be a money-losing doormat to greatness, which will decamp?

You can't blame these companies either, at least without being hypocritical.  After all, as we grow our law firms, don't many of us try to phase out small fry clients in favor of bigger fish?  As we begin to earn more money, we all upgrade our practices in one way or another, and for many companies (especially once VC enters the picture) upgrading means bringing in a name brand firm.  It's like buying the Lexus or BMW after having driven a Prius:  the fancy cars don't drive any better nor do they add value when it comes to gas mileage.  But they're a status symbol that many believe conveys an image of success.  (That's why salespeople and realtors often drive fancy cars).

Now, this doesn't mean that you shouldn't cut your rates for a start-up if you perceive a worthwhile trade-off.  Will representing the company provide an entre into a new industry?  Will it generate referrals or a positive testimonial?  Will it keep you at the cutting edge of your practice?  And of course, you can still take credit for helping to build a successful company even if it eventually leaves you for another firm.  So why not experiment with offering your services to a start-up once or twice and assess whether it's worthwhile.? Perhaps you'll even find a way to make yourself an exception to the upgrade rule.

What is your experience with representing small companies that grow? Have they kept you on...or moved on?  Send your comments below.

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Back in January, I created the Shingular Sensations series, intended to spotlight a significant victory or accomplishment by a solo.  Shingular Sensation posts are not vanity pieces, but rather, interviews that I carefully design to glean lessons to help other lawyers. 

This installment of the Shingular Sensation series belongs to Georgia solo, Warren Caswell.   Just five years out of law school and a solo for his entire career, Caswell received what at the time must have seemed like an impossible case: post-conviction representation of an indigent defendant found guilty by a jury of his second failure to register as a sex offender.   Based largely on hearsay, the jury concluded that the defendant had moved to a new residence when in fact, he was simply visiting his mother in the next county.   And as if Caswell wasn't under enough pressure to reverse a jury verdict, the stakes were raised even further by draconian sentencing laws that resulted in a mandatory life sentence because of a failure to fill out necessary paperwork!   

After reviewing the transcript, Caswell initially intended to attack the verdict as insufficient due to admission of hearsay.  But an interesting conversation with jurors post-verdict lead Caswell to consider a constitutional argument that the duration of the sentence was so utterly shocking and contrary to societal notions of proportionality that it violated the Eighth Amendment's prohibition on cruel and unusual punishment.  In the end, both the hearsay and the constitutional arguments carried the day.

Read this interview to learn what it was like for Caswell to represent a criminal defendant in his most desperate hour and to see the amazing process that lead to the development of the constitutional argument. 

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Chuck Newton has a thought provoking Guest Post  over at Grant Griffiths' Home Office Warrior that discusses the propriety of a blogger taking credit as one of the originators of  the so-called "work at home" revolution.  As Newton points out, the work-at-home revolution dates back to Revolutionary Times themselves, when esteemed folks like Thomas Jefferson worked out of the mansion.  In addition, Newton expresses some disappointment that in the blogger at issue, Wendy Piersall, may have sold out her original mom based audience by broadening her focus to all work-from-homers with her expanded blog, Sparkplugging.com.

I agree with Chuck's objection to staking claim to a movement.  The notion of a leader and a one-size fits all portal site is so yesterday in an age where blogging allows for a multitude of different spins. In fact, the desire to crown someone head of a movement was the source of my objection to being labelled the voice of solos; because there are indeed, many voices.  As for expanding a blog beyond a niche audience, I can understand the appeal of wanting to broaden a message.  However, I think that there are probably ways to achieve that goal without completely abandoning early readers.

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For those who have been patiently waiting, Solo by Choice is finally back in stock here on Amazon.  Whether you're on the fence about solo practice or looking to incorporate 21st century trends like technology, outsourcing and alternative billing into your practice or trying to select a practice area, you'll find a wealth of information that you can reference over and over again.  If you've read the book, you're invited share your comments or criticism either on Amazon or in the comment section below.  And if you have any questions about the book - either for yourself or as a gift for a relative, spouse or friend, please feel free to contact me directly at elefant@myshingle.com.

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According to this article, the Florida Supreme Court's Commission on Professionalism recently adopted a recommendation that would require every lawyer admitted to the Florida Bar - 2000 of them annually - to obtain a mentor during the first year of practice.  The Commission has now asked a special blue-ribbon committee to study ways to implement a mentoring program.  Ultimately, any proposals would be subject to final  approval by the Bar's Board of Governors.  In the meantime, however, the Dade County Bar Association has launched its own voluntary ''e-mentoring'' program -- the first by any local Bar in the state -- which pairs veteran lawyers with newer lawyers through e-mail.

In theory, a mentoring program sounds like a terrific idea.  Imagine the value to a young lawyer of having access to a more experienced colleague to answer basic questions like what court rule governs the number of days to respond to a motion or how to effect service on an out of state corporation.   Further, because most mentors won't work at the same firm as the new lawyer (at least, that's how I'd recommend setting up the program), the lawyer can seek honest advice without facing adverse repercussions on the job.  Finally, presumably a mentoring program won't cost money, which means that new solos who may lack financial resources can find some help without making a substantial investment. 

On the other hand, mentoring relationships depend on the parties involved in the case.  Some lawyers give willingly of their time, while others may have no desire to assist a new lawyers.  Some lawyers also don't know how to mentor - and may be more focused on talking about how they run their own firm, which might not necessarily be useful to a lawyer with a different vision.  And to be honest, some new lawyers have no interest in availing themselves of a mentor, either because of a stubborn "I must do this myself" mentality or a fear of appearing stupid.

Can mandatory mentoring work?  Or do mentoring relationships need to develop more naturally, when both sides are ready.  And finally - who's the best mentor you've ever had?  Please share in the comment section below.

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Scott Greenfield's post at Simple Justice about solo immigration lawyer, Frank Liu's disciplinary problems highlights the perils of the volume practice.  Referencing this New York Times article, Greenfield describes how Liu's carelessly written form briefs (where he sometimes neglected to change the sections describing the facts) ultimately landed him in hot water with the Second Circuit, which referred him to the court's disciplinary committee for his "seriously deficient work." 

Not surprisingly, Liu ran a low cost shop - charging a flat fee of $2500 for an appeal, then making it up on volume.   As a result, Liu wound up juggling cases and cutting corners, which is typical for volume practice.  Lawyers who handle large numbers of cases face increased stress - and long hours leave little time to develop other business that might help escape the low margins of the numbers game.  Moreover, as Liu's case bears out, running a volume practice can expose lawyers to grievances and disciplinary actions because there's not enough time for quality control.

Despite well publicized stories about harried practitioners like Liu, many lawyers still fall into the volume practice trap.  And while I don't endorse volume practice as a long term business strategy, I realize many lawyers with volume practices serve a segment of the population who need representation and can't afford high rates - and that's an important role.   Thus,  as a profession, we need ideas to help practitioners make volume practices more efficient - and here are some ideas for doing that.

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After a few recent presentations that were so dull that I nearly snoozed through them myself, I picked up a copy of Cliff Atkinson's Beyond Bullet Points for some new inspiration. Atkinson's main point: treat a presentation like a Hollywood production. While that's a tall order with a topic as dull as regulation, I decided to give it a shot. Even though we think of Power Point as a form, it impacts the substance of a talk as well - and Atkinson's book forced me to reconsider my entire approach to my materials. Though I didn't quite escape bullet points entirely, here's the link to the end result (I will try to figure out how to embed it in the post later.

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Some lawyers start their own practice, but rather than specialize in traditional legal work, opt for or incorporate alternatives like contract lawyering, mediation or lobbying.  If you're interested in how to build a practice in those areas, consider these resources:

Lisa Solomon, a nationally recognized contract attorney who practices as  Question of Law offers some quick tips on running a contract law business in the March 2008 issue of GP Solo Magazine.  She offers other products on starting a contract law firm at Legal Research and Writing Pro.

Victoria Pynchon, who blogs at Negotiation Law Blog shares a grab bag of ideas on how to make money in a mediation practice, including a link to blogger Tammy Lenski's book, Make Mediation Your Day Job.  I purchased and read Lenski's book a few months ago based on rave reviews from other  bloggers and even though I don't  have  a mediation practice, I found much of Lenski's advice applies to building any type of law practice.  If you're not comfortable with some of the hard sell, "get rich quick" genre of marketing materials, you'll particularly enjoy Lenski's book because she explains how to tools that you're already comfortable using in your practice (in her case, mediation, but it could just as easily be advocacy skills or writing skills) to  make your case to others.

Finally - and this is a bit late, but personal injury lawyer and marketing guru, Ben Glass of Great Legal Marketing is hosting a conference all on Wednesday April 16, 2008 - no registration required, where he'll be speaking with two lawyers and what they've learned (and more importantly applied) at his seminars.   I've never attended one of Ben's events, but I have trusted colleagues who have reaped value from his programs.  Here are the details:
 
Date: Wednesday, April 16
Time:  3:00 p.m Eastern
Dial In: 419-400-0202 Code 332894#

Notice: Dial in early, we only have 197 lines for this call.

For more information:
www.GLMSuperConference2008.com - More info on the SuperConference

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I came across this Press Release about a Clean Tech competition that's awarding $600,000 in prizes to early stage clean energy innovators.  And guess what?  The awards include not just cash but also in-kind services offered by accounting, public relations and law firms - in this case, tech counsel to the "stars," Wilson Sonsini. 

Sponsoring a contest offers several benefits for any law firm.  By offering in-kind services, the law firm gets the benefit of whatever publicity that the contest sponsors use to attract participants, at no cost.  And the firm gains access to an early stage company with the potential to grow. 

So the next time you see a contest in your community, think about what you can offer to help you win business and good publicity.

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Much of the advice on learning new practice skills relates primarily to litigation oriented practices.  As I've discussed in Solo by Choice, a new solo or lawyer interested in trial work can spend a few days court-watching, accompany a more experienced lawyer to depositions or pick up a pro bono case which might entail representing a client a public benefits hearing or a collection action in court. 

But what about options for lawyers interested in acquiring hands on transactional experience?  Here are a few ideas.  Once again, pro bono programs are an option; here in the Washington D.C. area several clinics dealing with HIV or elderly clients offer training on drafting wills and trusts and opportunities to prepare these documents for clinic clients.   There are also pro bono organizations that promote economic and business development in low income communities; here, lawyers may learn how to incorporate non-profit corporations (a very useful skill) or other corporate documents. 

Many times, business networking groups will sponsor talks by lawyers on topics like top clauses to include in a contract.  Often, this advice is highly practical since it's geared towards business people - and therefore, these kinds of fora can prove more useful than say, a law school course or some CLEs.  Also, when you attend a session with other business people, you gain an added opportunity to look for business.

Finally, if you are a transactional lawyer or seeking to be one, Ken Adams' blog on contract drafting is indispensable.

Readers - if you have other tips on gaining hands on transactional experience, send your ideas below.

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One of the five "high impact" marketing practices that I discuss in Solo by Choice is non-traditional consultations, such as house calls or an after hours practice.  Not only are are non-traditional consults a way to stand out and accomodate your clients, but they're also compatible with many solos' business models.  Making house calls or site visits minimizes the need for a physical office, thus enabling you to work from home or in less expensive shared or virtual space.  And an after hours practice lets you keep a day job to keep revenue coming in as you get up to speed, or enables you to stay home with your children and work at a time when your spouse can watch them. 

I didn't give many examples of non-traditional consults in my book because I hadn't found many at the time.  So I was glad to see this blurb about James Perullo's Bay State Legal Services After Hour Law is open for business from 6-10 for convenience to clients.  Many of the lawyers affiliated with the venture, like Perullo, work during the day.  My guess is that these hours will bring in clients who didn't want to lose work time to schedule a daytime meeting with a lawyer.  Why aren't more lawyers developing and implementing other types of nontraditional consultation times.  If you are, let me know in the comments below.

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Consistent with the Second Law of Thermodynamics, the entropy (or in lay terms, randomness) of the array of online marketing options is ever-increasing.  But thanks to this diagram (and post) by Anita Campbell of Small Business Trends, there's hope of imposing some order on all of the chaos.

You need to link here to view an enlarged version of Campbell's diagram of online marketing options for small businesses.  Arranged in a target, concentric-circle fashion, the business website lies at the bulls-eye center of the chart.  The second layer directly around the center consists of Search Engine Optimization, blog, email marketing, pay-per-click ads and online press releases.  The largest and outermost circle contains many of the familiar social networking sites - Twitter, Facebook, Linked-In as well as other media type sites such as You-Tube, Flickr and podcasts.  Here's what Campbell has to say about each of these:

Center circle – At the center of the chart is your website, which should be the core of your online marketing plan. Hopefully if you are reading this article, you already have a website and it’s not a question of IF you should have a website, but how you can improve it. First impressions count and today’s prospects and customers will form impressions of the quality of your products and services from your website. Plus, by investing in smarter technology you can make your website work harder to generate leads and sales. Consequently, spending time to improve your website can bring the biggest payoff. (If you don’t have a business website, get thee to a Web designer now!)

Second circle – The second circle outlines activities that most businesses will see a meaningful return from. Investing in search engine optimization, setting up a blog, growing and leveraging your house email list, issuing press releases through an online distribution service such as PRNewswire or PRWeb, and doing PPC ad campaigns are key strategies most small businesses in America can get value from commensurate with the time and money invested.

Outer circle – The light yellow circle on the outside contains activities that generate a lot of the “noise” that confuses most small businesspeople.  Not that I’m against those activities — not at all. In fact, some of them bring excellent results for the right kinds of businesses. It’s just that the return from such activities tends to be lower compared with the time or money you put into them.

While I like the Campbell's "concentric circle" way of prioritizing, I don't think that her model works as well for solo and small law firms, as I'll discuss below the jump.  

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If you're scanning this in your news aggregator, I'll bet my headline, with its apparent misspelling probably jumped right out at you.  In fact, I meant to spell "ledership" just as I did.  A lede is the introductory section of a story, and New York Personal Injury Law blogger Eric Turkewitz's
 recent masterful April Fools' Day Spoof shows just why a lede matters so much.

For those unfamiliar with the story, on April 1, Turkewitz ran a lengthy post captioned  Supreme Court Grants Cert  in Fantasy Baseball  Case; Three Justices Recuse Themselves Due to Participation in High Court League.  Turkewitz's first paragrah then described how the court granted cert (even linking to the Eighth Circuit case on major league baseball that's now pending a cert decision) and wrote authoritatively about the justices seeking recusal - something that has been the subject of frequent discussion recently in the blogosphere.  As a result of his authoritative opening, Turkewitz managed to  fool multiple bloggers into believing the story without reading to the end, where they would have discovered telling clues.

My guess is that most of the bloggers taken in by Turkewitz's prank rely on aggregators to scan news stories quickly.   And Turkewitz's joke, cleverly executed as it was, might not have duped as many people a few years back when aggregators were not as pervasive.  Even today, while it's true that not many lawyers or consumer readers use aggregators, journalists and major bloggers all do.  So if you're interested in getting coverage for your blog at major sites, follow Turkewitz's example, and lead off with your best lede.

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We hear plenty of talk about the demise of the billable hour, but little substantive discussion about what method ought to replace it.  Sure, there's mention of alternatives like flat fee billing, hybrids and "value billing," you don't always find much "there there."   Plus, many non-lawyer advocates of value billing fail to account for our professional obligation to ensure that our fees are reasonable.

That's one reason why I've always been a fan of Ed Poll - he's actually familiar with the code of professional responsibility and when he gives advice on fees, you can be confident that it will pass muster.  He's also big on substance, and his recent book (which I previewed), Law Firm Fees and Compensation, offers a detailed discussion on setting fees using a variety of methodologies.  Poll also discusses retainer agreements, trust accounts and collecting fees.  In short, he fully discusses the only two questions that matter when it comes to fees:  How much should I charge, and how do I get paid?  While the book does include some material suitable for larger firms, at least 85 percent of it is relevant to solo and small firm practitioners - and offers information that I've not seen elsewhere in such detail.  In short, it's a recommended read.

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Over at my roost at Legal Blogwatch, I posted about ways that lawyers -- including solo and blogger, Ernie the Attorney are rethinking the concept of business cards.   As Ernie points out, these days, it's not hard (or at least it shouldn't be hard) to find a lawyer's website by running a Google name search on the Internet.   Thus,  a business card doesn't need to serve as a source of contact information, but rather, as a tool to encourage people to contact you.

Of course, Ernie's theory assumes that you already have at least a minimum presence on the Internet (which every lawyer should!)  Unless people can find you easily on line, you may not want to radically change those business cards any time soon.

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