My Shingle : MyShingle : Solo and Small Law Firm Management and Marketing

A few years back, I highlighted a small firm specializing in veterans' issues.  Now, four years later demand for legal services for veterans remains high.  Fortunately, for solos considering veterans rights and benefits as a practice area, there are multiple opportunities for first rate, hands on training.

Today, the Maryland Daily Record discusses the HPRP Veterans' Benefits Project, which launched last year.  The program trains lawyers in the benefits process, and in turn the lawyers agree to help at least one veteran with the claims process.  Forty-four lawyers have taken part in training sessions since the program began with thirty clients obtaining assistance.  And if appellate work, rather than benefits applications is your thing, you can volunteer for the National Veterans' Legal Services Program in Washington D.C. where you'll receive training and have an opportunity to brief and argue a case before the Veterans' Court of Appeals.

As a solo, you're probably thinking that this pro bono all sounds great for laid off biglaw associates with generous severance packages but that it's not much value for lawyers who need to earn a living.  That's where your'e wrong.  First, handling a case pro bono is small compensation for the kinds of training that these pro bono programs provide - training that is transferable to a for-fee practice.  After all, these pro bono programs barely scratch the surface of demand, and turn away dozens of veterans who could become paying clients.   And if you don't think veterans' practice can be profitable, why not consider reducing overhead through the kind of virtual practice described here at VLOTech which focuses on needs of the military overseas.  Since veterans' issues general involve federal law, you're not limited to a regional practice and can draw clients from all over the country.

 Second, even if you take on a pro bono case, you never know where it could lead.  Years back, I represented a homeless man pro bono in a lawsuit against a hotel for ejecting him from the cafe, even though he was dressed nicely and had money to pay.  I won the man a modest settlement which he used as a down payment on an apartment.  He found a job at the Better Business Bureau and referred me several paying matters, including one the produced a high five figure jury verdict (triple the settlement initially offered).  In short, don't discount the ability of pro bono clients to refer paying cases. 

Pro bono cases give you a chance to get out and work with other lawyers and lose the isolation that you can feel as a solo.   And they give you a chance to sample a new practice area without commitment.  If you don't enjoy veterans' work or find it too complicated, just finish up your pro bono work and move on to another practice area.

So why not think about serving those who've served? 

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With home offices increasing in popularity, what better niche for a home office lawyer than advising home based businesses.  I've shared this idea before, but was reminded of it again after reading this piece from a Colorado publication which describes that:

Douglas County [Colorado] is home to one of the largest populations of home-based businesses in the state, with a whopping 40 percent to 50 percent of all businesses in the county being based in a residence. The highly educated, wealthy residents are taking advantage of the wide range of resources available in their own backyard.

“These are not Tupperware salesmen. They are international consultants, software developers,” Martin said. “They have been pretty successful without an office.”

Home based businesses are a growing niche, particularly in a down economy.  In Colorado, there's an expected increase, with experts saying that roughly seven percent of employees who are laid off will try to start their own business. 

As for legal issues relating to home businesses, there's plenty to keep lawyers busy.  Among other things, home based businesses need to consider corporate formation issues, zoning questions, tax issues related to home office deductions, assistance with contracts and employment matters. 

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UPDATE:  The relatively new blog, Nextlex  notes these FREE PLI webinar resources on foreclosure law and predatory lending. 

In both my book and on this blog, I've written that pro bono training programs offer one of the cheapest and most effective ways to get up to speed on matters that you might handle in your law firm - such as probate, divorce, public benefits, bankruptcy or wage and  hour law.  Most pro bono trainings are staffed by top local experts, who are often willing to provide follow up guidance if you later need assistance on the topic.  And once you've handled one pro bono matter, you can truthfully tell clients that you have actual experience with a particular kind of case. 

So I was excited to see that the Maryland Bar is offering pro bono training
on one of today's hottest practice areas:  foreclosure.  In fact, the Chief Judge of the Maryland Court of Appeals is calling on local attorneys to take on a foreclosure matter pro bono.  But once you've done that, there's no reason that you couldn't handle these cases for a fee.  I've signed up for the course, not because I have any interest in starting a foreclosure practice, but because I can do my civic duty as an attorney and learn something completely new at the same time.  If you're licensed in Maryland, I hope that you'll join me in this unique chance to do well by doing good. 

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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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Here's a story about Maria Celebi, a U.S. immigration lawyer with an interesting niche: she works outside of the country. After ten years of immigration practice in the United States, Celebi, along with her husband and two young children, moved to Turkey after an economic downturn in Silicon Valley.

Celebi's husband used the move to launch a new technology business. And three years later, Celesi has established a law practice in Turkey. And as the only certified U.S. immigration lawyer not just in Turkey, but also in Greece and the Middle East (with the exception of Israel), Celesi has cornered the regional market.

Granted, moving to a foreign country to practice law is an extreme way to build a practice. But Celesi's story shows that if you're committed to building your practice, you can find a way to make it happen...anywhere in the world.

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Sisters don't have to marry a pair of brothers to become sisters in law to each other.  As this article, Sisters in law:  Siblings Keep legal matters all in the family (Arizona Business Gazette 8/24/06), sisters Hope Kirsch and Lori Kirsch-Goodwin became sisters in law (or sisters at law)  when they decided to hang out their own shingle together.   

We're all familiar with law practices comprised of parent and son or daughters and there are other sibling firms as well, such as this one I mentioned years ago.  Any other readers involved in a family practice (not counting spouses).  Send your comments below and let us know whether it's something you would recommend.

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Many large firm lawyers think that if they hang a shingle. they'll have to throw away their biglaw specialities, like securities regulation or merger practice and trade it in for more general practice fare, like family law or criminal practice.  But at least one solo attorney, Walter James, of the newly created Environmental Crimes Blog shows us that it doesn't have to be this way, with a post about how  some of the best environmental work (traditionally regarded as the domain of biglaw) is being handled by solos and small firms.
The benefits of going with a small firm?  Lots of expertise for a lower price.

So if you're toiling at a large firm, dreaming of the solo life, think of ways that you can take your $400/hour expertise (of which you may see 25 percent, if that much) and transplant it at your own law firm.

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Though not every family law case ends up like this one, nonetheless, family law cases are often fraught with more emotion and problems than any other type of case.  Clients often come with misinformation about the process and unreasonable expectations about how much the case should cost. 

While trends such as collaborative lawyering may address some of these problems in the long run, this article,  Enlightening Family Law Clients (National Law Journal 6/26/06) has some ideas for the short term.  Authors Mary Kay Kisthardt and Barbara Handschu advise that you provide clients with as much information as possible on family court proceedings, to keep records of client communications in writing, return phone calls and draft a retainer that allows you to withdraw from the case if the client fails to pay. 
What other tips do you have for making family law cases more manageable for lawyers and their clients?

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What I love most about solo practice is that, to quote Forrest Gump, it's like a box of chocolates - you never know what you're going to get.  And as this article, Big Case for Fledgling Lawyer, Don Thompson, AP (3/19/06) bears out, you just might get the case of your life eighteen months out of law school.  That's what's happened to Wazhma Mojaddidi, a young Muslim lawyer of Aghan descent, who's now representing Hamid Hayat,  on trial in U.S. District on charges that he attended a terrorist training camp and lied about it to investigators. 

From all accounts, Mojaddiddi is holding her own, though the judge "is impatient with her for her evident inexperience in cross-examinations and rules of evidence, frequently schooling her on how she should phrase questions to a government witness."  But that kind of on the job experience is the best way to learn, far better, than Mojaddiddi's peers at large firms buried under stacks of documents.  And Mojaddiddi isn't entirely on her own - her client's father is also standing trial for similar counts and represented by a more seasoned attorney who shares his substantive experience while Mojaddiddi brings her familiarity with cultural and Muslim issues to the table.

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Here's an article, Lawyers' ads seek to grow ag business, Silicon Valley (March 10, 2006) about a firm with an agriculture-based practice that's embarking on a new marketing campaign that brands the firm as Lettuce Lawyers - Together We Grow.  It's a neat name, with lots of potential for other taglines, such as Lettuce Help You Get Ahead or Our Firm Can Help You "Leaf" Your Legal Problems Behind.  Seriously, I am always amazed by the number of potential lawyer niche opportunities that you never heard of in law school.

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As more law firm bloggers turn solo (including this one), Supreme small firm lawyer Tom Goldstein, bucks the trend with his recent announcement that he's moving on to join a large firm.  I've got mixed feelings about this one.  On the one hand, Tom's move is testament to my belief that solo practice can take you anywhere and create opportunities you'd have never had.  Prior to founding his firm in 1999, Tom worked at a large, then midsized firm where chances are, he'd have been lucky to argue one case before the Supreme Court.  On his own, as of May 2005, Tom has argued forteen, which has bought him unparalled experience that he's used to write his own ticket at a large firm.  No reason why Tom's model can't work for any other lawyer toiling at biglaw - you can leave, develop a niche practice area and return on your own terms.

Continue Reading...

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Frequently, either in emails to this site or on my listserves, I see questions by lawyers asking about "of counsel" arrangements, from how to find these relationships to what kind of contract should be used to memorialize them.  So I was happy to see that
Dennis Kennedy has done the work for us with this recent post on resources for an of counsel arrangement.  Thanks Dennis - this will surely be indispensable to many lawyers.

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On the surface, the two articles that I'm linking in this post have nothing in common or nothing to do with solo practice.  But if you look deeper, you'll see the obvious connection:  both offer ideas for niche practice. This article, Lawyer's specialty:  Advice for gay, unmarried couples, Pittsburgh Post Gazette (2/27/06) describes a biglaw attorney who specializes in "non-traditional family law practice," while this article,
Senate discusses DS, legal services (2/27/2006), reports on a University of North Dakota student meeting that discussed the possibility of allocating $40,000 to retain an attorney to deal with student legal issues.

Serving students or non-traditional families are both niches.  Would they work for you?

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Kevin O'Keefe of  Lex Blog has a post on niche blogging, summarizing tips by Darren Rowse on choosing a niche topic.  The tips include selecting a topic that interests you, where there's not yet much competition and which will offer enough content.  These tips are particularly important these days in starting a law related blog, where many of the larger subjects like federal appeals, Supreme Court, IP (too many to list) and others are well covered by other bloggers.    

One great example of a new niche blog is Andrea Goldman's newly created Home Contractor v. Homeowner, focusing on home improvement and construction law.  What a home run!  With housing pricing increasing, home improvement is becoming more and moe common and it's an area where so many things can go wrong.  Legally, home improvement is interesting, allowing for coverage of a wide range of issues like like contracts and consumer law, bankruptcy and real estate. 

Continue Reading...

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It's rather ironic that lawyers at a 1000 person mega-firm, with specialized departments galore, apparently have a more difficult time changing practice areas than solos.  At least that's the impression that I gathered from reading this somewhat depressing article, Retooling Strategies by Gail Cutter (NYLJ Feb. 10, 2006), which discusses the difficulties and risks that law firm associates face in transitioning to another practice area.

By contrast, we solos have the luxury of being able to shift into practice areas that appeal to us or which we fall into by accident.  As I wrote back in October 2004 in The Accidental Practice, we solos often stumble into new fields and because we answer only to ourselves, we can often pursue these new areas.  That was the case with several solos I mentioned in the article, including a general practice solo in Birmingham, Alabama who became a self-taught ERISA and FDCPA and a Baltimore, Maryland small firm attorney who developed a lucrative qui tam practice.

Maybe associates unhappy in their practice area shouldn't be thinking just about changing practice areas - but changing firms as well.

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If you're going solo and can't afford an office, don't feel badly.  In fact, celebrate - because the lack of an office will enable you to follow in the tradition of Thomas Hall, the subject of this article, He house calls; attorney breaks free from tradition (Journal Times, 1/27/06).    As the article describes:

Since starting a business-law practice here last June, Hall meets all clients on their turf. They don't come to his office; he goes to theirs. It's sort of the legal profession's version of a doctor who only makes house calls.  "I liked the idea of going to see the clients where they are," said Hall, 45, of Wind Point. "It gets me out of the office, and it doesn't disrupt their day so much.  "I think I learn more when I go to the client's shop," he continued. "And usually everything they need is there."

When Hall travels, he does so on his dime, starting the clock when he arrives at his destination.

Convenience for clients, the opportunity to learn the business and an excuse to get out of the office.  What's not to like about a house-call based practice?

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This month's buzz word must be "niche marketing," (see here for my earlier posts on interesting niches).  Last Thursday, I listened in on the Nader Anise teleconference that I posted about here last week.  The mystery guest was The Pet Lawyer, Molly Gaussa and the focus of the call was Niche Marketing (Nader is offering a kit, Niche Your Way to Wealth, email at naesquire@aol.com; I haven't seen the material so I cannot endorse it).  And here at LexBlog, Kevin O'Keefe points us to this post from Duct Tape Marketing on niche blogs, which offer a great way to attract clients, as I posted here.

As a lawyer with an expertise in offshore renewable energy for a dozen years, you can't get much nichier than I am.  And based on this experience, I have some advice about what works and what doesn't for niche practice as well as what to expect.

Continue Reading...

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This article, The Spice of Solo Life, (Recorder, 12/27/05) profiles San Francisco solo Michael Blacksburg's law practice, which has run the gamut from drafting animal trusts to preparing 
contracts for a triad relationship between two women and a man.  Actually, the bulk of Blacksburg's practice is trusts and estates and landlord tenant law, but he manages to intersperse that bread and butter work with more unusual cases.  Blacksburg's comment on solo practice:

It might not be the quickest route toward paying off your student loans, he said, but "it's a lot easier to be a solo than to be in a job you hate."

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I loved Jonathan Harr's A Civil Action and so I was happy to come across this article, Two Person Firm Wrestles Oil Giant  (November 26, 2005) about another small firm doing battle with a major corporation, albeit with better results.   But it's still an uphill fight.  From the lead of the article:

It's the old tale of David and Goliath.  A tiny law firm in Kansas City's River Market took on one of the big five oil giants and won a multimillion-dollar personal injury lawsuit.  That was in September. But attorney Lon Walters still has 24 more cases against BP Amoco involving people who say they became ill or saw loved ones die after being exposed to massive oil spills from a refinery in Sugar Creek.  The cases are being watched by lawyers across the country to see how the firm of Walters and associate Christin Cipolla beats the odds, and if it can continue to do so.

"These cases are very costly and very time-consuming," said Michael B. Leh, a tort attorney in Philadelphia. "In many cases, it is very comparable to A Civil Action," a book and film about a small law firm's uphill battle against W.R. Grace & Co.

But the real question is:  if a case like that showed up at your door, would you take it?

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This article, Virtual Law Inc. reports on Hawaii shingler Greg Kim, a former biglaw partner who's now practicing law with his way while still earing the same salary.  So how does Kim's practice differ from the traditional law firm?  Here's how:

Instead of ranks of associates to do his bidding -- and to rack up billable hours for his firm -- Kim has no associates at all.  His name appears nowhere in the name of the firm, which is called Vantage Counsel.  And instead of billing clients by the hour, Vantage usually bills by the job. In fact, some of Vantage's clients are young start-up companies that lack the money to pay much in legal fees at all.  Finally, instead of a corner office, Kim now has no office to call his own; instead, he shares communal space with his firm's four other lawyers -- who often work from home or from free WiFi hotspots at Kahala Mall or the Plaza Club downtown.

The article also describes that Kim has become one of the go-to people in Hawaii for advising technology start ups.  And here, Kim has an edge over large firms because of what he shares with start-ups:  his firm is one as well.

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Here's a history making attorney:  Sam Slaymaker, who's Making Local History By Focusing on Preservation (Lancaster News, 9/3/05).  According to the article,

Sam Slaymaker becomes first local attorney to devote an entire practice to preservation law. He hopes to serve homeowners, farm families, real-estate developers and municipalities.

Slaymaker has the background for his niche - he's served as a board member of various prservation societies, holds an undergrad and graduate major in history and has been an attorney for 16 years.  Congrats to Slaymaker on his new firm and on finding a way to marry his business and his passion.

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This article, Focus on Families, Michael McCord, Sea Coast On Line (5/20/05) contains an interview of Susan Denenberg, a New Hampshire attorney who's been solo for the bulk of her twenty five year career.  Denenberg expresses views that most of us solos understand:

Denenberg told the Interview that she realized early on that she was less interested in criminal law and litigation and decided to carve a niche for herself in the less-glamorous sectors of the law such as wills and trusts, probate and guardianships, and family law in general.  She says her no-frills, one-person office in downtown Portsmouth reflects her desire to focus on work that brings some peace of mind to her clients.

The Interview: Why did you choose to go out on your own and not be part of a larger law firm?

Susan Denenberg: I worked briefly (in a firm), but I found that my time wasn't my own, which is why I decided to work on my own. I liked being able to make my own schedule and to spend more time with clients. The last few years I've been able to stay ... at home (a lot) while raising a young child (her 7-year-old adopted son Nicolas). ... The difficulty is that I have no one to back me up, and many people don't know what it's like to be self-employed.

You have to deal with things like not having your number listed in one of the phone books. But I like what I've been able to do to give more personal service by traveling to my clients, if necessary.

Continue Reading...

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This article, Lawyer by Day, Fashion Designer by Night, Skirts the Issue, Portland Press Herald (5/8/05) reports on Maine attorney Margaret Minister O'Keefe, a law firm partner who represents local artists and designers by day and has created her own fashion label by night.  O'Keefe had always sewed but started up again when her first son was born, focusing mostly on kids' items.  But on a trip to New York, O'Keefe saw some fabrics and decided to start making skirts which are the first item in her clothing line.

Although O'Keefe began sewing after she'd already started representing designers, I'm betting that O'Keefe's entre into the fashion world gives her a good bit of credibility with clients and has helped her to grow her practice area.  But likewise, a special hobby or non-legal pursuit - perhaps training horses or scuba diving or acting in community theatre or serving as a paramedic - can lay a foundation for legal practice specialty in one of those fields that you've enjoyed enough to pursue on the side.

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In light of the proposed bankruptcy legislation that would make credit counseling a mandatory prerequisite to a bankruptcy filing, a few of my solo colleagues have considered offering debt reduction services as part of their practice.  For those considering this option, be sure to read David Giacalone's post about what can go wrong with debt reduction services.   David writes about an attorney now under prosecution for fraudulent debt reduction services as well as the FTC's recent crackdown on three debt reduction businesses engaged in deceptive practices.   

Unlike David, I believe that debt reduction (if done correctly) does require legal skills - lawyers can play a valuable role in using negotiating skills to bargain down debts with creditors or possibly come up with ways to challenge creditors' claims.  I just hope that attorneys who enter the debt reduction business are motivated as much by a desire to help financially vulnerable individuals who have no choice but to seek credit counseling as they are to capitalize on a potentially new practice area that may soon be ripe for harvest.

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There's an interesting practice area desribed in this article, Lawyers Look for Errors in VA Claims, Beth Silver, Twincities.com (3/6/05):  Veteran's Law.  As the article reports, two Minneapolis attorneys, Tracy Capistrant and Becca Wong specialize in recovering government checks for the disabled veterans who visit their law office after years of fighting the Veterans Administration.  The attorneys sya that the trick is to find the government's error - and they claim it exists in nearly every case they come across. 
And Capistrant and Wong are two of just a hundred or so lawyers across the country who practice in this legal niche.

Of course, the article points out some of the drawbacks to this niche:

The cases can drag on for years. The pay is paltry. The process of deciphering 10-inch-thick stacks of veterans' service and medical records is tedious.

But Capistrant and Wong persist because they believe it's the right thing to do.

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Matt Homann at The Nonbillable Hour had this recent post about the potentially emerging field of Retirement Services (which might range from errand running services for older people, consulting on new career opportunities and fund management and legal services) to address the needs of the country's older population.  Along those lines, here's an article, Elder Law Is Soaring as Boomers Age, Erica Sagon, Arizona Republic (2/22/05) that discusses the fast growing field of elder law.  As the article reports:

Elder lawyers, as they are called, are among the fastest-growing groups of legal specialists.The reason: In the coming decades, more than 70 million baby boomers will flood the legal system. The rapid rise of the elderly population will bring about a surge in issues involving guardianship, conservatorship and planning for long-term care. Other cases involve financial exploitation and negligence and abuse at nursing homes.

Attorneys will handle many clients who seek out attorneys on behalf of their aging parents.

Elder lawyers should expect their caseload to multiply, said Laury Gelardi, president of the National Academy of Elder Law Attorneys, based in Tucson.

"There is going to be more work than all the attorneys together can handle," Gelardi said.

In particular, Arizona is described as "a hotbed" for elder law because of its reputation as a destination for retirees.  But even if you don't practice in a state like Arizona or Florida, with a large senior population, investigating elder care law as a practice area may prove worth your while.

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Here's an article, Matrimonial Lawyers Have a Powerful Tool in the Internet, Jonathan Bick and Jonathan E. Von Kohorn, Small Firm Business (2/22/05) that offers a primer on how family law attorneys can use the Internet to research and investigate their clients' cases.  Potential uses include: identification and substantiation of claims and defenses; discovery of data that permits the parties to better evaluate their respective positions and an aid for the conduct of trial. 

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What you may want to know upfront is that this article, Fatherhood by a New Formula, Sandra Boodman, Washington Post (1/18/05) isn't really about small firm attorneys.  Rather, it's more about a growing trend of gay men who are becoming dads using egg donors and a gestational surrogate.  But in the course of reading the article, I noticed that Diane Hinson, one of the preeminent attorneys in the field - and who started a firm,  Creative Connections LLP was once a corporate communications regulatory attorney.   According to the article, Hinson, a Harvard Law School graduate, stopped practicing communications law to start the firm, a move she said was prompted by personal experience. Several years ago when she was single, Hinson adopted a baby, which she calls "the best thing I ever did."

Which brings me to yet another advantage of starting one's own firm - it offers the opportunity to completely reinvent one's career.  And for myself, an attorney with a partial energy regulatory practice who's not always so excited about that field, thought that such an opportunity is always available to me gives me hope on days when I'm bored to tears.

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This month's issue of Law Practice Management (Jan/Feb 2005) contain's Robert Denney's annual Trends Report:  What's Hot and What's Not in the Legal Profession.    Topping the list of hot practice areas are employment law, IP and contingency litigation (though not for personal injury, which is cool due to tort reform legislation).   Also hot, but less so are white-collar crime, litigation (especially IP), real estate, corporate, family law, private equity and immigration (for high volume but routine work), health law, education law and energy at certain large firms (based on how busy I've been lately with energy per diem work, I can confirm that the field is hot now).   Apparently family law makes the list not because of a proliferation of issues but rather, because of new trends towards providing service.  The article cites a firm that set up a family law center which offers one stop shopping for attorneys, accountants, counselors and other professionals who provide service in family law situations.   

As for less popular areas, bankruptcy is falling out of favor with the economy improving (though seems like most recent bankruptcies have involved scandal plagued companies like Enron or energy companies like PG&E or Mirant).

As for trends in practice, litigation boutiques are viewed as a growing trend, litigation budgets and outsourcing of general counsel responsibilities to law firms.  All of these developments can benefit small firm lawyers.

So think about adding a specialty in one of these trendy areas and take advantage of the growth while it's good. 

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This article,
Few Lawyers Take on Workers' Comp Cases, Patrick Springer, The Forum (12/19/04)  reports on the difficulty that North Dakota workers are having in finding affordable representation for workers comp cases.   According to the article, in 1995, the state amended the works comp system to provide that workers' attorneys are paid only if they win and limits attorneys' fees to 20 percent of the award.   The article reports:

The laws have succeeded in achieving two major goals: sharply lowering payments to workers' lawyers and reducing costly litigation. But workers and their advocates complain it has become much more difficult to hire legal help to obtain benefits, especially in complex cases.

Fees the bureau paid to workers' lawyers exceeded $1 million in 1995 and 1997, but have dropped steadily since that peak, to $207,976 in 2003.

Workers' requests for administrative hearings to contest denials or reductions in benefits also have plunged, from more than 980 in 1994 to 170 in fiscal year 2004.

The article has other interesting stats on workers comp as well:

A study by the National Council on Compensation Insurance presented to the North Dakota Legislature in 1995 found that attorney involvement in claims resulted in benefits payments that were significantly higher than those not represented by lawyers.

The average disability claim for workers represented with lawyers was $41,229, compared to an average of $33,501 for those without representation. The average attorney fee was 13 percent of the award.

Another inequity is that the lawyers that the Workers' Comp Bureau pays to defend its position in court are paid more than attorneys for claimants:

Then [after 1996] the bureau started hiring private insurance defense lawyers, in part to help eliminate the backlog of disputed claims under litigation. Officials and business leaders complained that the bureau was often forced to settle claims, regardless of their merits, because of the spiraling costs of fighting legal challenges.

Unlike fees paid to workers' lawyers, private lawyers representing the bureau are paid regardless of whether they win or lose, and aren't subject to any fee caps. They simply bill by the hour.

Also, senior lawyers who represent the bureau are paid $125 an hour, compared to $115 an hour for workers' lawyers.

Is this a lost cause?  Or is there some business model than an enterprising attorney can develop to find a way to make money off workers' comp cases while providing a decent level of representation?  And what are the experiences of readers in other states who practive workers' comp?  Finally, if tort reform succeeds in capping attorneys' fees and recovery, would potential PI claimants have as much trouble as finding an affordable lawyer as workers' comp claimants in North Dakota?

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