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

Though you don't find many solos practicing in areas like environmental law, that's Walter D. James expertise.  Walter focuses his practice primarily on environmental counseling and environmental litigation, which includes civil enforcement and cost recovery litigation, criminal defense and toxic tort/property damage matters.  Though the law firm is located in Grapevine, Texas, the Firm’s practice involves work at a variety of locations across the United States.  Visit his website at www.jamespllc.com and his blog at http://www.environmentalblog.typepad.com/

I practice environmental law, including, regulatory, civil and criminal aspects.  

I started my firm on March 1, 2004.  I was tired of the BIGFIRM mentality and practices.    

I am a true solo; I have an office assistant as well.  

The biggest challenge was overcoming the fear of not having enough work to make a living and feed my family.  However, I was counseled that (and this will sound corny – but it is not) “put your trust in the Lord; you are a good attorney, the phone will ring.”  And so I had faith

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The MyShingle profiles are an experimental feature here at MyShingle - to offer some insight into the careers of practicing solo and small firm attorneys, with questions on how they got their start to what gets them going in the morning.  My thanks to Jay Fleischman and Walter James (next post) for serving as guinea pigs for this feature.So without further, ado, meet Jay S. Fleischman - New York Bankruptcy Lawyer. 

Jay S. Fleischman is a New York bankruptcy and consumer protection and a lawyer who helps other lawyers market, manage and grow their practices.  He is the New York co-chair of the National Association of Consumer Bankruptcy Attorneys, a co-founder and the current President of the Bankruptcy Law Network, and a member of the National Association of Consumer Advocates.  He lives in Brooklyn, NY with his wife, son and dog."

1.  What kind of law do you practice?

I am a consumer protection lawyer concentrating in consumer bankruptcy, debt collection abuse, and credit reporting errors.  I represent consumers only.

I began my firm on December 19, 2005 after giving notice one day before raises and bonuses were announced at my former employer.  My timing was deliberate, and based on my fear of: (a) if my raise and bonus were too good then I'd find it more difficult to leave; and (b) if my raise and bonus were below my expectations then I might suffer a crisis of confidence. 

My firm has been as large as 12 people, and is now comprised solely of me.  I employ a large network of virtual assistants and of-counsel attorneys who all come together to work on matters as needed.  This allows me to expand and contract as needed without worrying about bloated overhead that plagues so many lawyers. 

My biggest challenge was in learning how to effectively market and manage my practice.  Lawyers suffer from a knowledge gap when it comes to marketing and managing a successful business, so looking to other lawyers and law firms proved fruitless.  I addressed the challenge by looking outside of the legal industry and modeling my practice on successful business principles.

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Some of us start law firms because we want to, others because we have no alternatives.  I was again reminded of this dichotomy by a pair of inspiring stories, here and here, about two successful shinglers, now in the twilight of their careers, who each started law firms at different times and under different circumstances, but ultimately because they were determined to practice law their way. 

Chester County, PA lawyer  William Lamb began his career in the 1960s at venerated biglaw firm, Dechert LLP, but dreamed of practicing in Chester where he grew up.  The firm's chair tried to convince Lamb to stay, telling him that "you could be sitting where I am in 30 years," but that didn't persuade Lamb.  He left to take a job as an assistant district attorney and eventually founded LambMcErlane, which has since grown to 29 lawyers.   And while Lamb may not earn the stratospheric salary he might have gotten were he still at Dechert, firm partners earn $600,000 annually, so he's hardly in the poorhouse.  Plus, he's held influential positions in government and been at the forefront of his practice, rather than one of many shareholders as would have been his fate if he'd stayed at Dechert.

By contrast, Catherine Murdock Dewey, who turns 100 this year, didn't have the same options as William Lamb.  She and two female law school "chums" opened a firm in 1933 because no one else would hire them.   With referrals from family and the Legal Aid organization nearby, they built a practice in a male-dominated profession.   Dewey no longer practices, but you can tell from the interview, that the law was something that engaged and excited her.

At the end of the day, it doesn't really matter how we start our firms, whether they're born of great ambition or sheer desperation.  It's the finish that counts, and every day, it's we who choose how we get there -- just like William Lamb and Catherine Murdock Dewey.
 

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Over at The WSJ Law Blog, there's a nice profile of Richard Diaz, the Florida solo who represents Michael Williams, a defendant who is challenging the constitutionality of a federal child-pornography statute in United States v. Williams. Last week, Diaz argued the case before the Supreme Court.

But despite his moment of glory at WSJ Law Blog, Diaz took a bit of a beating over at Volokh Conspiracy, where Eugene Volokh termed Diaz's brief "pretty shoddy." The post generated 66 comments, which discussed whether a brief even matters at the High Court (where talented law clerks could just as easily do the research and analysis) and whether Diaz hurt his client by handling the case himself instead of passing it on to another lawyer.

I'll admit that Diaz's brief isn't a model of clear writing, but I've seen much, much worse. But how does Diaz's brief compared to others filed at the Supreme Court by more experienced practitioners? And why is it that solos who represent criminal clients at the Supreme Court are regularly attacked by "experts" convinced that they could do a better job?

And maybe they could, at least up at the Court. But first, the cases have to get there. And I think that many of the experts underestimate the time and the skill that into shepherding a case from the trial level up to the Supremes (the WSJ post describes the procedural history of how Diaz's client got to the court). Even where a case presents an interesting issue, most clients rarely "buy on." They want to understand the issue and get a sense of their chance for success. They need to figure out if it's worth the extra money and psychological toll to move ahead, or if they're better off just making the best of a result to have a case over.

And the way you get clients to move ahead isn't by pushing your legal analysis. Foremost, you've got to build a trusting relationship with your client so that they'll accept your advice when you recommend pursuing an appeal to begin with. And Diaz established that kind of bond with his client.

Consider this quote from the WSJ Law Blog story, where Diaz describes why his client chose him over a Supreme Court expert:

I got calls from all over the country from lawyers who called themselves First Amendment advocates. Some graciously offered help, others aggressively tried to take the case away from me. One lawyer accused me of not being an appellate advocate and threatened to contact my client and directly to solicit the case from him. So I wrote to Mr. Williams and I honestly told him that I was neither an appellate advocate nor a First Amendment expert but asked him what he wanted me to do. He essentially told me, "I've known you for 20 years as a street cop and I've seen you work in the federal court building for over 10 years. There's nobody I want arguing my case in front of the Supreme Court except you."

Perhaps Diaz didn't have the best Supreme Court brief. But he has something far more valuable: the thrill and honor of knowing that his client trusted him with one of the most important legal decisions of his life. And that's something that many Supreme Court experts will never experience.

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One of the benefits of running your own firm is that you don't have a committee forcing you to retire. Perhaps that's why some of the oldest practicing lawyers are those who work for themselves. Today, Bob Ambrogi, my co-blogger at Legal Blog Watch posted here about Reuben Landeau, a Boston lawyer who just passed away at the age of 103. According to the article, Landeau opened his firm in 1926 and last year, attended his 80th law school reunion. Perhaps it could be said that Landeau had a mandatory non-retirement policy; apparently, his 70 something son (with whom Landeau practiced) wanted to call it quits in 2004, but dad refused.

And in New Jersey, Florence Forgoton Adams, Monmouth County's first female attorney, died at the age of 99, according to this
story. Like many female lawyers of that period, Adams started her own firm after graduating from NYU Law School, because none of the all male firms would hire her. Adams practiced law in Red Bank, NJ for more than 70 years, working a few days a week at her firm up until her death.

Mandatory retirement aside, why do solos stick with law for decades? Do they need the money...or do they love the law so much that they can't part? Do you think you'll be practicing law in your '90s?

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Some of my favorite blogs are those with a continuing story line. And there's no greater story line than that shared by over the past few years by Enrico Schaefer, who revealed himself as Greatest American Lawyer. Enrico's blog takes us from the
the day he quit his job at a firm to start his own to his firm's recent growth into a full fledged, three lawyer practice. When Enrico started his firm, he vowed - as his tagline says - to change the way law is practiced. That's a tall order, but one which I think accounts for his firm's success. The lesson here: even if you're starting small, be sure to think big; as big as you can.

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When you start a firm, sometimes, it's hard to imagine lasting 60 days or months. But some lawyers, like 100 year old, Richard Bird, who's profiled in this article has been running his own firm for more than 60 years! After graduating from Harvard Law in 1933, Bird held a variety of jobs, before starting his firm in 1943 and even now, he still works 9-5, Monday to Friday. And he's even argued a case before the Supreme Court, though for him, it wasn't a big deal, just part of serving clients.

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Many people dream of starting a law firm to make money or achieve work-life balance, but for me, it's always been about immortality:  finding a way to leave my own little, but indelible mark on the law.  I'm still working hard on that goal, but if you want to get a sense of the heights that you can reach by starting a law firm, take a look at the legacy of this trailblazing, independent African American lawyer, Mahala Ashely Dickerson, who ran her own firm for over 40 years and just passed away at the age of 94 according to this article, Pioneer Alaska Lawyer Dickerson Dies at 94.

According to the article, Mahala was divorced and already had young children (6 year old triplets!) when she went to Howard Law School, graduating in 1936.  She worked in Indiana and Alabama before moving to Alaska with her sons, where she opened a law practice in 1959.  According to the article:

Dickerson had a reputation as an advocate for the poor and underprivileged. She argued many cases involving racial and gender discrimination, taking on the Anchorage Police Department and the University of Alaska, among other institutions.

According to the article, Dickerson was still working twelve hour days at age 71 and finally retired from her practice at 91.  She mentored young lawyers and represented clients who didn't have the means to pay and for whom she fought aggressively.  Said one attorney quoted in the article:

I remember one lawyer telling me one time, he said, 'Rex, you see those mountains out there?' He said, 'Those mountains are littered with the bones of lawyers who underestimated M. Ashley Dickerson.'

The article concludes:

Dickerson's legacy will be the way she overcame obstacles, giving back to the community, said Celeste Hodge, former local head of the National Association for the Advancement of Colored People, who now runs Mayor Mark Begich's office of equal opportunity.

What legacy do you want to leave?

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

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

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"If you love what you do, you'll never work a day in your life."

That's the standard that Sauk Center, Minnesota attorney John Mayer has lived by throughout his 48 year career as a solo, which will now come to a close with his retirement, according to this profile from the Sauk Herald (11/21/06).  Articles like this make me wonder where I'll be in 30 years (I've already been practicing 18) and what kind of career I'll look back on. 

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You don't have to join an organized pro bono program or set a grand mission like getting rid of the billable hour to improve the practice of law.  Jennifer Sawday of the California Estate Planning Blog is changing the practice of law just by being in practice, by charging fair rates and doing a good deed for a couple ripped off by another attorney and giving in to a couple of hagglers because it wasn't going to make or break her.  Of course, much of kindness that Jennifer's posts describe are what many solos do everyday, without fanfare (post re: reception for biglaw pro bono efforts) or publicity or press releases, yet it's something that too often, our profession forgets.

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Last months, one of our readers, solo Scott P. Schomer of Schomer Law in Torrance, California won an amazing $4.7 million dollar verdict for his client, a grandmother who'd been left homeless after being defrauded of her Beverly Hills home by her former attorney who along with his wife moved into his former client's house after stealing it out from under her.   To win the case, Schomer went up against four attorneys who represented his client's former lawyers.  Details on the case can be viewed here in an article from the Los Angeles Daily Record. 

Schomer was generous enough to submit to an interview with MyShingle by email, which I've posted below. 

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So, you want to work in public interest, but can't find a position or afford to take one?  Why not start your own firm instead, with a public interest firm on the side?  That's what Scott Levine of Aegis Professional Services did as reported in this article,  Scott Levine Fulfills dream of starting public interest firm, Gail Appelson, St. Louis Post Dispatch, (4/13/06).  The operation is a combination of a law firm that provides one stop shopping for entrepreneurs (at reasonable rates) and the Stetin Center, a public interest entity to be funded by donors and staffed by law firm attorneys and volunteers. 

If you've always dreamed of a public interest job, you don't need to give up on the dream because you don't think you can afford it or because your present firm doesn't approve.  Build a firm like Levine and create those opportunities for yourself.

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There's some nice press here for fellow solo and blogger, Hoosier Lawyer,  Steve Terrell.  Formerly with big law firm Ice Miller, Terrell has opened his own firm, with this mission:

Justice, like quality legal services, should not be only for big corporations and those who can afford the highest-priced lawyers from the biggest firms. During my 13 years in a 200-plus lawyer firm, one of my partners had a Scale of Justice in his office. He placed a roll of dollars on one side of the scale, and tilted the scale in that direction. It was something with which I was never comfortable.

The Pledge of Allegiance ends: "with liberty and justice for all." I believe that this should be the objective of our legal system. It is the objective of this law firm.

How many of us have started a firm with that mission in mind?  Take a look at the article about Steve and what else he has planned for his new shingle.

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"Bully my client and I'll bully you," may not be his firm's formal tagline, but that's the type of service that small firm lawyer Noah Geary delivers, as described in this article Sticking up for the weak:  Lawyer Gains Reputation for Taking on Bullies, Pittsburgh Post-Gazette (4/9/06).   According to the article:

A lawyer for 10 years, Mr. Geary, 34, is becoming a legend in his field. He's secured reversals for two defendants in murder cases and, more recently, agreed to represent a woman accused of robbing a bank with an unloaded gun.  In 2004, Mr. Geary was successful in getting the 1977 double murder convictions of David Munchinski, of Fayette County, overturned.

Standing up to bullies doesn't come easy though, and the article describes that Geary can often be found late at night in his office working his cases.  But when you're just 34 and on a mission to  address abuses of power,  you probably don't mind keeping those kinds of hours.  Let's just hope this guy doesn't burn out.

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This article on the death of New York attorney, Joel Scelsi, will make you proud to be called a "small town lawyer."  Where else can you handle such a wide array of cases and be known around town as the person to go to for help if someone finds themselves in trouble. 
After reading articles like this one, I sometimes wonder why anyone winds up spending their life churning papers in a big corporate law practice.

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Here's an interesting profile, Ex-lawyer on the case with biting court report, Kentucky Courier-Journal (Dec. 26, 2005) about Shannon Ragland, a disbarred attorney who publishes a popular newsletter/monthly verdict reporter covering Kentucky courts.  What sets Ragland's report apart from others is that he does it himself, adding insights, analysis, wit and sometime biting criticisms of the players involved.  Being disbarred gives Ragland this freedom, because after all, as he puts it, "What are they going to do?  Disbar me?"

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This article, Lincoln Lawyer Balances Business, Passion (12/25/05 - Lincoln Journal Star) profiles Lincoln, Nebraska lawyer Herb Friedman's forty years of small firm practice, which included arguing a case before the United States Supreme Court and pioneering television advertising in his state.  Now 70, Friedman has no plans to retire and reflects on his career as follows:

"I've really enjoyed what I've done. I've tried to be a credit to the profession. I've tried to make a good living."Won some. Lost some. But being a trial lawyer is an exhilarating way to make a living. You're kind of a modern-day warrior."

And equally inspiring, Friedman apparently has managed to raise his children to discover passion for what they do - even if it doesn't involve law.  Says his son:

"[My father would] say, 'You can do whatever you want, but you have to love what you do.' Like my dad, I'm going to the tune of my own drummer."

Yet another solo inspiration.

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I really enjoyed this piece by Mark Donald, An Ode to Okra (Texas Lawyer - 12/1/05, law.com) about Dale Wooten, a Texas bankruptcy solo lawyer, who's also a "restaurateur, raconteur and gardener."  Wooten, who's enjoyed a successful 35 years law practice and generally interesting side businesses, is now winding down a 35 year solo career in large part because of changes in his practice area wrought by the Bankruptcy Abuse Prevention and Protection Act of 2005.  But because Wooten's had such a great run, he's hardly bitter, but instead, looking forward to spending time on his true joys like the garden and restaurant.

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