MyShingle : Solo and Small Law Firm Management and Marketing

At first blush, this letter to the editor criticizing the Duxbury school board for considering the possibility of replacing its current law firm with a one-person "cut rate" shop seems discouraging for most solos who compete with the big boys.  Among other things, the writer expresses concern about the solo's cut rates, noting that "you get what you pay for,"  questions what will happen if the solo is "sick or on vacation" and adds that the solo does not even have malpractice insurance.  The writer also notes that the current firm had a winning record.

While some lawyers, after seeing this letter, might simply give up on trying to attract clients like the school board or rant about the unfairness of the system, the more productive response is to use the letter to understand client bias against solos and figure out how to address it.  For example:

--Where as here, an existing firm already provides good value, competing on price won't work - and indeed, looks desperate.   That's not to say that the solo should intentionally increase his or her rates, but instead might offer an alternative billing structure or some type of "preventive" package to give the board more certainty and avoid litigation and associated cost spikes.

--In any proposed retainer or office policy, the solo should describe his or her system for coverage in the event of an emergency.  This might include a specifically designated back-up law firm or contract associates.  Honestly, clients don't really care so much who will step in if there's an absence or emergency, just that someone will.

--Get malpractice insurance.  This case offers good reason to do so.

If you have any other suggestions, please post them below.

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Postings will be light the rest of the week as I head out to the Los Angeles Bar Smalll and Solo Law Conference as well as the ALM West Coast Legal Tech Show.  As always, leaving town when your spouse works in another city and you need to find care for your kids is always a bit of juggle - tomorrow, I will dispatch my daughter's to my parent's place at the beach where they'll spend a few days with their two other girl cousins, and on Wed., a neighbor will pick up my puppy to take her to boarding (I can't drop her off because her vaccinations haven't fully kicked in yet).  Ah, just writing all this logistical stuff makes me tired!

Anyway, I will try to send some tweets through twitter.com/carolynelefant and put up a posting or two but beyond that, I may just take off through the weekend.  If you will be out in Los Angeles, I would love to meet you, either at the conference or outside of conference hours.

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You know how it is with yawns, don't you?  When one person yawns at you, it's difficult to resist yawning back.  So now that my fellow solo-blogging colleague Susan Cartier Liebel has yawned, or more accurately, alerted us to the trend of "young and wealthy normals," I'm compelled to yawn back (by the way, for those of you who aren't really interested in my own personal musings, feel free to skip this post).

With my 20th law school graduation just passed, I've been reflected back on my own career path and choices that I've made.  Reading through Susans description of a YAWNing solo made me realize that's exactly the path that I took when I embarked on my firm.

* Extremely low overhead(personal and professional) including serious consideration for the home office option - I started my practice in a virtual office, then moved to shared space a year later for $425/month, an amount that I could easily cover.

    * Smart low-cost operational office purchases which keep them untethered to a phsycial location or traditional office hours  Starting out, I worked on our home computer in my dank basement, until I complained so much that my husband went out and spent $1400 to buy me a laptop (probably 1/20th of the power that today's machines have at twice the cost).  The laptop was an enormous stretch, but it allowed me to leave the confines of my basement and work at law libraries around D.C. and also on my porch. 

    * Paperless office - addresses efficiency, low overhead, being untethered AND environmental concerns

    * Taking on those clients or legal issues which fire up their passion reminding them why they went to law school and also gives them the freedom to serve the indigent or new business owner without putting themself out of business When I started my firm, I took this approach to heart -- so much so, that when asked what types of law I practiced, I'd often respond "I handle cases that interest me."  Back when I started, I handled court appointed criminal matters, business owners done wrong, Section 1983 matters, all while subsidizing the work with energy matters, particularly appeals, which I also enjoyed

    * NOT feeling compelled to network in conventional ways or ways which go against their 'lifestyle' choices My networking choices 15 years ago today seem really old fashioned.  But understand - back then, few law firms marketed at all.  So I was regularly the only lawyer at renewable energy events or trade assocation meetings and consequently, found business there.  Today, that's a conventional, "duh" way to market, but trust me, at the time, at least in my field, it was forward looking.

    * Using social media for both business and pleasure; I started my firm at the cusp of the Internet and learned to program HTML because I enjoyed it but also to set up a law firm website

    * Understanding there is no 'work' life and 'personal' life...but just 'life.'  When my daughters were born in 1996 and 1999, my life became an endless cycle of work with girls, girls with work, cell phones calls in the park, nursing babies on conference calls and looking with amazement at briefs that I wrote while literally being interrupted every five minutes.   Having done that, I have mixed feelings about whether this approach makes sense or not.  I'm glad that I can say that I spent all the time I needed with my daughters, but I also regret the times that I feigned cheeriness while worrying about a deposition or a deadline that I needed to meet. 

Continue Reading...

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I've just completed a new project that I'm rolling out tonight...Lawagora.ning.com - a marketplace of events for and by lawyers.  In the past few months, I've realized how many quality events, on and offline are available for lawyers - yet we often never hear about them because the publicity is either ad hoc, or directed at a speaker's mailing list, which others may not know about.  So I saw  a need for a centralized location for all types of events of interest to lawyers, identified ning.com as a decent platform and set it up in beta. 

Below is an instructional video on all of the potential uses for  and features of Lawagora (it's a little blurry, I am still learning how to tape my screen).  But to make the site work, I need your input.  So visit the site and add your events - webinars, bar events or events for lawyers by other lawyer or non-lawyer providers. 
Find more videos like this on Lawagora

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Many readers of this blog and my book, Solo by Choice frequently ask for advice on how to get a personal injury practice up and running.   My fellow blogger and colleague here in the Maryland area, Ron Miller explains how lawyers can build a referral based personal injury practice in this comprehensive post at  Maryland Injury Lawyer Blog.  What I like Miller's post is that he's honest and realistic in acknowledging that starting out, most lawyers aren't going to attract quality cases.  However, over as they do a good job with the smaller cases that come their way, better cases will follow.

Miller also recommends that if you want to practice personal injury law, you shouldn't take on other cases.  That's good advice, but not always realistic for new lawyers particularly if they need to come up with money to cover the costs of personal injury cases.  You could try to find contract work on other personal injury matters, but you might also take cases in other practice areas that will have some synergy and potentially lead to PI referrals or that call on the same skill set -- investigatory work, working with experts and litigation.  As you build your PI practice, you can decide at that point whether to drop your other matters or stay a bit more diverse. 

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For solo and small firm lawyers interested in virtual assistants (see this earlier post), here are two additional resources:

A  four part series about using virtual assistants is up at Home Office Warrior.  The series is written from the perspective of a VA.

And for the perspective of someone hiring a VA, check out this lengthy and comprehensive Ultimate Virtual Assistant Guide.  In particular, what I liked about this guide is its realism.  The author acknowledges that he's had some poor experiences with VAs, but he offers advice on how to avoid those situations.  And the post includes great practical tips on work that's best suited for outsourcing to a VA, the selection criteria, staying local or hiring out of town, state or even country and a template for time sheets.

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When it comes to starting a firm, fear poses one of the greatest obstacles.  Fear of failure, fear of lost opportunity, fear of embarrassment or cricitism for having made what appears to others as a foolish decision.  My able colleagues in the Solo Space, Susan Cartier Liebel and Sheryl Sisk Schelin have shared words of wisdom on combatting these fears here, here and here. 

Recently, in preparing to attend my Twentieth Law School Reunion, I stumbled across an old essay I'd written about a similar theme - not so much overcoming fear, but how to deal with the thought that a decision has perhaps been a terrible mistake.  I had turned down a biglaw salary to take a position at a government job at a third the pay and began to think, after just a few months, that maybe this wasn't such a great idea, until I had another realization that even a dead wrong decision can sometimes be utterly and completely right.  Here's an excerpt from my essay below, and after that, the entire piece, in all of its dot-matrix printer glory (as proof of age). 

[Your friends] all look so content, full of tequila and wealth and the newfound confidence that invariably accompanies money, while you are filled with a sickly fear that you've made a dreadful, irreversible and costly mistake.  But then the fog in your head lifts and you remember back to the day when you made your ill-fated decision.  Although visions of dollar signs danced in your head, you did not jump like a famished Pavlovian dog just because you heard silver coins clanking.  Instead, you somehow distanced yourself and like a stern courtroom judge, made a rational decision considering all of the evidence and information which you had gathered before you.  In retrospect, your decision may have been dead wrong, but the making of it, then and now, could not have been more right.  Because in passing up that [biglaw salary], you bought yourself something more important - the self-knowledge that you have the integrity not to compromise what you believe is right -- although your choices may be unconventional or finanically unwise.  It's that knowledge that will serve you well as a lawyer and that hopefully will keep you satisfied during the lean years ahead.

Note - you can enlarge the doc or rotate the pages with the arrow tool at the far right corner of the document menu bar

Law School Essay - Free Document Templates

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Here's a quick round up of links that may hold some interest for readers:

William Henderson of the Empirical Legal Studies Blog shares some trends that may impact solo and small firm practitioners (in particular, the declining number of trials) and tips his hat to solo and small firm lawyers for the good work they do.

Check out the new Virtualworkers job board, sponsored by Greatest American Lawyer.  Lawyers or students looking to pick up work can check the board, while employers can post position.

If you're looking for places to meet potential clients that won't also have many other lawyers, or if you want to host a webinar or get together to attract or educate prospects, check out the event board at Eventful.com.  Eventful allows you to list your event (at no charge) and also discover interesting events and meet- ups that you might otherwise not find.  I stumbled across the board while looking for ways to get the word out about my upcoming workshop.

In ten days, I'll be heading out to Los Angeles (where I've never been for more than an airport transfer) to speak at the first LA Solo and Small Firm Law Conference.  If you're at the conference or interested in meeting up before hand, drop me an email.

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Ever since my book, Solo by Choice hit the stands, I've been trying to figure out ways to help lawyers - either new solos, solos to be or lawyers who want to build business within their law firms - implement some of the many ideas that I've included in the book.  So I'm happy to announce the MyShingle on Steroids Workshops, a series of programs that will help you implement these ideas and build relationships with other lawyers at the same time.

The first workshop is 9-5 in Washington D.C. on JUNE 30, 2008.  Registration is limited to 24, though if there's huge demand, I'll see about setting up a second day.  I'm also working with bar groups and vendors to bring this program to other cities. Here's a rough video on the first program, with a full written description and after the jump.  The direct registration link is  here.  (note - please let me know if the password kicks in when you try to register, and I will fix the link.  I wanted to get this announcement up to give enough advance notice.   This course is not just for lawyers thinking about or running their own practice.  It is for any lawyer, either at a firm or looking to re-enter the practice to find employment or even a law student looking for a job who wants to gain Internet presence, learn about tools that will help achieve success and build relationships on and offline.

Continue Reading...

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For Robyn Glassman-Katz, the gig with lemon law firm,  Kimmel and Silverman must have seemed like nirvana; an opportunity for a lawyer with limited consumer law experience to run a branch office of a nationally known law firm.  Likewise, Kimmel and Silverman must have believed that it hit the jackpot when it found Glassman-Katz, a local Maryland attorney who came highly recommended by colleagues, to man its Owings Mills office.  But as with most things that sound too good, the alliance between Kimmel and Silverman and Glassman-Katz ended in tragedy, with one lawyer consenting to disbarment and another two  on the verge of indefinite suspension.  If you think this situation can't happen to you, read on to learn what went wrong and how to avoid this kind of mess.

Continue Reading...

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I apologize for the down time over the past few days - my home office lost power for a couple of days and I needed to prioritize work related matters with the limited Internet access and power that that I was able to find offsite.  Right now, I'm up in Ithaca, New York at my 20th Law School Reunion.   I've always wondered what my own law school experience would have been like had blogging been available.  So I've broken awy from the reunion activities to put up a post about another real life marketing lesson that I've learned here at Cornell, the unlikeliest place to find this kind of lesson.

Like most other law schools, Cornell has stepped up its marketing efforts, branding itself with the tag line "lawyers in the best sense."  The quote comes from Andrew Dickson White, one of the school's founders, who envisioned the law school as a place to educate  “not swarms of hastily prepared pettifoggers but a fair number of well-trained, large-minded, morally-based lawyers in the best sense...” Indeed, a bunch of alumni are even circulating buttons with a picture of a pettifogger and a big red X through it.

My initial reaction was that this slogan is just so typically, quintessentially Cornell - removed from present times, stuck in the past and such.   At a time when lawyers out here in the blogosphere, on the cutting edge of the law, are talking about social networking and building relationships and 21st century practices, here's my alma mater, concerned about stamping out pettifoggers.  And then I realized that's why the brand works.  Because for better or worse, the tag line is genuine representation of Cornell Law School's authentic self.  With it's tag line, borrowed from its past, Cornell isn't trying to be anything other than it is:  a solid, monastic place somewhat isolated from the real world where students can focus on their training.  Some may want this type of education, and others might not, but those who come to Cornell will get what's been put out there.  No false advertising here. 

And that's the real life marketing lesson.  Some lawyers aren't comfortable labeling themselves as twenty first century lawyers or thinking of themselves as entrepreneurs or business people rather than professionals first.  Some prefer to hold themselves out as dedicated or tenacious, as principled or experienced.   Needless to say, you still must find ways to convey those ideals uniquely and market them,  which is what Cornell has done with its tag line.  But you don't have to distance yourself from your comfort zone, even it's distinctly quaint or old fashioned,  to run with trends that don't feel right for you.  

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I'm usually hesitant about posting announcements for paid courses (as opposed to freebies, which I'm always willing to publicize provided that they bring some value).  But this upcoming webinar by Lisa Solomon, a friend and colleague, of Legal Research and Writing Pro is an exception because of the incredibly original topic: how to use persuausive copywriting techniques to make your briefs more powerful.  The course is also a two-fer in a way, because Lisa will also explain some of the techniques used by copywriters which you can apply in your marketing materials and then show you how to incorporate them in briefs.  I've never seen a class like this and as an appellate practitioner myself, I'm eager to sign up.

The information is below.

	Tuesday, June 17, 2008
Time:	3:00pm - 4:00pm
Location:	Your office, car, home or anywhere you have a telephone
City/Town:	Ardsley, NY

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This weekend, I'll be travelling to Ithaca, New York with my two daughters from my 20th law school reunion at Cornell (my husband will puppysit our dog at home).   To be honest, I'm meeting this reunion year with mixed feelings:  excitement at sharing with my daughters the beauty of the campus and the gravitas of the law school, but also a little panicked over how quickly the two decades have passed.

While I'm in Ithaca, I'd love to get together with any members of the Cornell Law School community - either students, faculty or returning alumni - who blog, are interested in blogging, read blogs or simply enjoy meeting new people.  I'll have some pockets of time available throughout Saturday, and I'll be around Sunday morning as well.  If you're up for it, send me an email at carolyn.elefant@gmail.com or drop a comment below. 

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Tom O'Leary of The Attorneys ATM is holding a contest offering a free website tune-up as a prize.  In addition, all entrants receive a free copy of his e-book, How To Dominate Google, Yahoo and MSN" To enter the contest, go to this link. 

Below, is my interview with Tom, where he describes his background and discusses various issues related to website SEO. 

1.  Tell me a little about your background and why you are trying to
help law firms.

I'm a former refugee from the corporate world, a dot-com survivor, and for
the better part of a decade, I've advised business owners on business growth
strategies, particularly the Internet, in the Trades and Automotive
industries. Through referrals from existing clients, I'd helped a handful of
attorneys grow their business, but had never considered the legal profession
to be a focus of my business.

That changed last summer when I sought advice for a minor legal issue, and
ended up spending two hours in this attorney's office (a solo), largely
discussing ways to grow his business.

Fast forward a month later, and we're in his office again, this time
listening to a sales pitch from one of the largest website development and
Internet advertising service companies in the U.S. that serve legal
professionals.  

I was shocked at the cost, underwhelmed by their offerings, and turned off
by their aggressive nature.  If this company was the top-of-the-food chain,
I believed that solos and small firms would welcome a solid and affordable
option.  I haven't looked back since.

Continue Reading...

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