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Spencer Aronfeld
The first
ground rule for launching a Career as a sole practitioner is
that you must love the law. You must be thrilled at the thought
of handling cases, conducting re search, working long hours. and
dealing with clients, lawyers, and judges. Whether you have
practiced in a large firm or small firm or you have never
practiced before, as a sole practitioner you will have all of
the stress of being a lawyer, plus the responsibility of running
your own business.
If you are not
excited by this opportunity, practicing alone will be miserable.
Going solo is not for everyone. But if you are curious, try it.
The worst that could hap pen is that you close your firm. The
best is that you gain a sense of accomplishment from creating
your own firm. So, go for it. Just remember to be patient. There
will be good weeks and bad weeks, good months and bad months,
good years and bad years.
I believe that
lawyers who focus on one area of law eventually exceed those who
are general practitioners. It is expensive in the short run to
say “no” to cases, but it is hard to be a jack- or jill-of-all-trades
and well versed in many areas of the law.
You might pick a niche that “big-time” lawyers tend to avoid,
such as first-party insurance claims in automobile cases. Many
lawyers would not accept a first-party insurance case. a
landlord-tenant claim, or a traffic ticket case. But handling
these cases is a fantastic way to gain both experience and
contacts.
A few years ago. I decided to say ‘no” to billing clients.
Previously, if I were given
the choice of billing immediately and get ting paid or working
on a contingent file and hoping to win, I preferred immediate
payment. I’ve since reversed that course of action and now work
solely on contingent personal injury files. My reasoning is
this: If I had clients who were paying by the hour and clients
whose cases were being handled on a contingent fee basis, I
would inevitably work on the cases I was billing hourly. But my
contingency cases might not get the attention they needed. I
handle only a few kinds of cases and hope that can refer those I
decide not to take to other lawyers who will return the favor
one day.
There are several ways to build your net-work and let other
lawyers know you welcome referrals. First, you can invite other
lawyers to breakfast (which is less expensive than lunch) and
explain that you have recently started practicing on your own.
If they have any small suits that they don’t have time for (they
all do), tell them you would like to help by taking those cases
for them, and offer a referral fee. (Check your state bar for
rules regulating these fees.)
Do a great job on whatever case others give you. Treat it like a
federal case, and pay that referral fee the minute you get the
case. You will lose money at first, but referring lawyers will
not forget you the next time they have a case to refer. An added
bonus is you may get a referral from the client as well.
Making rain
When you first
start out, do not hesitate to take small cases, especially if
you have little or no experience. These cases do not pay much
and require lots of leg work, but satisfied clients will refer
their friends, family, and others to you.
If you are
prepared and work hard, everyone you meet along the way is a
potential client or referral source. Hand your business card to
the parking lot attendant, the courthouse cleric, the bailiff,
the court reporter; and the defense lawyer. I have had a number
of cases referred to me by defense attorneys.
Advertising is
a great idea, but it can be expensive. Get your name out there
by speaking at churches, schools, law schools, and ATLA events.
You can place
an ad in a local flyer or the yellow pages, but it may be
costly. If you have the resources, go for it. I suggest you wait
a few months to a year before you advertise so you have time to
set up your office and decide how you want to focus your
practice. Then you can tailor your advertising to your market.
Figure out how you can target a specific group.
For example, women can market to women in a way men cannot, just
as minorities and those who speak a foreign language can reach a
particular community in ways others cannot.
Setting up shop
You can start out using just a cellular telephone, a laptop, and
a modem. You do not need a fancy office. You can use a court
reporter’s office for depositions. Meet clients at their homes,
record information on your laptop, and carry your office with
you. I used the Wendy’s fast food restaurant across the street
from my apartment for the first six months of my practice. No
one ever questioned meeting me there.
When deciding on an office location, go where the clients are,
not where the law years are. It might be good for your ego to be
in a high-rise office in a fancy building, but who is going to
find you there? Other lawyers? For personal injury lawyers, I
suggest a storefront location. Depending on which area you want
to practice in, it may be best to go to a lower-income area
since those clients may be more likely to come to you rather
than take four buses and a train to get to a lawyer’s office
downtown. Besides, rent is cheaper farther from the downtown
area. Subleasing space from an up-and-running law firm is
another option. This will allow you to share resources
—photocopiers, fax machines, and other equipment—at little or no
expense.
Once you find a location for your office, think about your
staffing needs. Remember, you are only as good as the people you
hire. If you are leaving another firm, try to take your support
staff with you (assuming you are happy with them) since it can
be daunting to find others who understand how you work. If you
live in a bilingual area, you will need a bilingual
receptionist.
In the beginning, you should be able to handle most of your own
word processing, but when you have sufficient work, it is time
to get help. Consider getting part time help from local high
school, junior college, paralegal, or nursing students. I have
found nurses and nursing students to be helpful in my personal
injury practice. Besides having the patience and understanding
to deal with personal injury clients, they understand medicine.
Re member, high-priced help does not always equal good help.
Still, it is worth the sacrifice in money to keep your office
running smoothly. Do not try to save a few dollars by hiring un
qualified people. They can cost you your license by misfiling,
making scheduling errors, or embezzling from you.
One last word about staff: If you can re member that no one will
ever care as much about your office, clients, and reputation as
you do, then you will not be disappoint ed. However, if you
expect your employees to burn the midnight oil, meet clients on
the weekends, or return every telephone call by day’s end, you
will be let down.
When it comes to keeping books, I have found that Quicken 99
does everything I need. This program easily categorizes all my
expenses by type and client. I recommend QuickBooks 99 for those
who need billing software.
Credit cards and lines of credit are important for the lawyer
who has to advance costs in a case. Unless you have a war chest
of money, you will need to borrow funds from a bank. Try to find
a bank that under stands the needs of a trial lawyer and can
assist in trust accounts, lines of credit, and last-minute
transfers over the telephone.
A great relationship with your banker is key. I have found that
small banks provide better service than large ones. If your
banker does not recognize your voice over the telephone, he or
she does not know you well enough, and it is time to invite the
banker to breakfast.
Seeking advice
Even for experienced lawyers, having a mentor is important. For
inexperienced sole practitioners, it is essential to have
someone to listen to your ideas. Try to find a mentor who cares
enough to take the time to give you the right advice, not just
off-the-cuff answers.
Unless your mentor is a saint, he or she will eventually want
something back from you. Early in my career, I paid lawyers for
their advice. I would give a percentage on a case just to learn
how to handle it, and then I would apply the mentor’s advice
again in the next similar case.
When you strike off on your own, you need patience, persistence,
and more patience. Success will not happen overnight. Once you
succeed at one level, you may find you want even more—more
cases, more contacts, a better office, a better reputation.
There is no shortcut to success and no magic pill, just long
hours and an enormous amount of stress and sweat. As long as you
value independence in how you work, where you work, and for whom
you work, you will be successful and happy as a sole
practitioner.
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