What Michelle Obama Couldn't Have Found at The (So-Called) Fifty Best Law Firms For Women.

I'm not much of a political junkie, but I made a point of watching Michelle Obama's speech to the Democrat National Convention.   Michelle (it's tough for me to refer to someone a few months older than me as "Mrs.")  intrigues me, largely because she's a contemporary with many superficialities in common:   we both graduated law school in 1988 (in fact, a high school friend of mine was in some of Obama's classes at Harvard); we both married in 1992 and we both have two daughters with lyrical names (Elana and Mira vs. Malia and Sasha) three years apart, though my girls are nearly 9 and 12 while the Obamas are 7 and 10.   And more recently, Michelle Obama put her career on hold for family, specifically, to help with her husband's campaign while trying to retain a presence in her daughters' lives.  That's the same reason that  I and most of my solo-mom (or solo dad) colleagues have eschewed more lucrative or prestigious opportunities in favor of running our own practices -- so that we have the flexibility to spend more time with our children. 

After Michelle's speech, her daughters trotted out on stage.  Perhaps I read too much into their appearance, but the daughters' confidence was palpable as was their easy familiarity their mom and hers with them.  It was a familiarity that reminded me of my relationship with my own girls (when we're not bickering, which of course, we do) - we share a certain comfortableness born of time spent together,  not really doing anything special but just hanging around.    I couldn't help thinking that even if Michelle Obama had worked at one of the fifty supposedly most family friendly law firms that she would have missed out on this type of experience.  Michelle would have spent her time with her girls in carefully metered segment, from 7 pm when she arrived home until 8:30 pm when they went to sleep.  And if Michelle Obama had brought her daughters to large firm meeting or conference (even on days when she was supposed to be working reduced hours), I'm sure she'd have been met with glowering stares or snide comments rather than the sheer delight that spilled forth from the convention audience. 

Working on my own, I set my own rules for my firm and my family.    No, of course, I don't bring my daughters to every meeting with me, but there have been days where I had no alternatives so they accompanied me to a conference or sat quietly reading while I gave a presentation or attended a meeting.  Over time, my girls have learned how to shake hands firmly, make eye contact and keep themselves busy and (reasonably) well behaved at professional events. 

I know that my experience doesn't differ much from that of other moms who run their own firms.  Yet oddly, you won't find solo practice ever mentioned on the list of "family friendly firms" or even discussed as a family friendly option.  And yet, it's the one place where parents can practice law without constantly concealing our job as parents as well.   

Michelle Obama isn't a solo and probably never will be, so career path is where our commonality ends.  But we've both had the chance to experience the joy of taking our children to work and introducing our work to our children because we didn't hew to the biglaw path but instead, found a way to have it all, all at once.

 


Failing To Make Opinion Available on Outsourcing Is Just So ABA

Perusing five years of archives, I realized that it's been a while since I've bashed the American Bar Association for policies like legitimatizing firm-created obstacles for retiring lawyers to start their own practices or picking on solo and small firm lawyers in the disciplinary process or simply taking a negative view of solos.  I suppose that I've mellowed because the ABA -- at least on the surface -- has changed; it continues to support the now 3000+ strong Solosez.net which is open to non-ABA members and it's made tons of news content available at the ABA Journal site.

But now, I wonder whether the ABA is reverting back to its old ways.  Earlier this month, the ABA issued an advisory opinion concerning law firms' use of outsourcing, which concluded that "U.S. lawyers are free to outsource legal work, including to lawyers or non-lawyers outside the country, if they adhere to ethics rules requiring competence, supervision, protection of confidential information, reasonable fees and not assisting unauthorized practice of law."   The opinion also addresses whether lawyers can mark-up the cost of outsourced legal work (which I discussed extensively here) and apparently concludes that in some circumstances, mark-ups might not be permissible.

The ABA's opinion has the potential to impact hundreds of solo and small firm practitioners (myself included) who regularly rely on outsourcing to contract lawyers to handle overflow work, bring added expertise to a project and increase our profitability.  When lawyers are prohibited from marking up contract legal work, they may be deterred from outsourcing.  That's because merely passing through a contract lawyer's actual cost of service doesn't compensate the outsourcing lawyer for the added expenses associated with finding competent contract attorneys, fronting the cost of their work and assuming the risk of non-payment from the client and possibly paying an increased malpractice premium to cover the work performed. 

Yet even though the ABA's opinion may impact many lawyers, the ABA hasn't made it publicly available for free.  Right now, the opinion is available at no charge only to ABA members; others must pay to download it.  The ABA most likely assumes that only large firms that outsource document review projects are interested in a decision on outsourcing - - and most large firms either belong to the ABA or won't flinch at paying to download a decision.  However, as I've just shown, the ABA decision can potentially impact solo and small lawyers, many of whom eschew costly ABA membership in favor of joining less expensive local bar associations. 

So here's my message to the ABA:  make your new decision on outsourcing available and please clarify that it won't prohibit solos and small firms from making a little extra profit on legal work that we outsource to others - just as our large firm colleagues aren't prohibited from earning enormous profits off of their associates.

What Questions Do You Have About Starting And Running Your Firm...Maybe I've Answered Them

Both lawyers and law students thinking about solo practice have dozens of questions.   But some questions are asked more frequently than others and those are the ones that I've tried to address in my book, Solo by Choice.  Take a look at some of the questions that I've addressed in the book and think about whether it might be a useful purchase for you:

What can I gain from starting my own law firm -- 6 powerful motivators.  p. 2-8

How much do solos earn?  p. 14-17

How are some of the financial considerations in starting a law firm - i.e., how much does it cost and how much will I need?  p. 17-20.

What are the three essential questions that I should ask myself to assess my chances of  success p. 23-24

What are the pros and cons of going solo right out of law school, and how can I plan for a practice down the line if I don't start a firm right away?  p. 26-30.

What kind of corporate form should I have for my practice?

Do I really need malpractice insurance and how cdo I choose a provider?

Once I decide that I'm going to start a firm, what are some of the tasks I need to address to get going?  p. 35-44, also 60-68.

I've just been fired.  Do I start a firm right away or look for a job?  p. 40-41.

What benefits am I entitled to when I leave my former employer?  p. 49-53.

Can I solicit my former firm's clients, and if so, when?  p. 53-56

Where do I set up shop - home office or outside my home?  p. 70-78

How do I pick a practice area?  p. 80-84

Do I generalize or specialize? p. 85-88.

How do I keep up with and learn about other practice areas and skills?  p. 90-91

How do I choose clients wisely to avoid the clients from hell?  p. 105-108

What are some things I need to include in a retainer letter?  p. 109-113

How do I decline representation?  p. 115-120

How much should I charge and how should I set rates?  p. 123-131

Do I charge for initial consults?  p. 132-134

Should I compete on price?  p. 133

How do I make sure that I get paid?  p. 136-142

How can I make money while waiting to build a client base?  p. 144-150

When should I hire, and what are my options?  p. 150-158

What is an "of counsel" arrangement and how can I find one?  p. 159-160

Should I leave my practice for another firm?  p. 160-162

What is outsourcing and how can it benefit me? p. 163-172

What I can do to make marketing more appealing to me? p. 174 - 177

How can I generate referrals from other lawyers and clients? p. 189-190

What associations should I join and how do I decide? p. 191-194

How do I network if I'm shy? p. 197

How can I find speaking engagements? p. 199-202

Do I need to pay for SEO or can I do some things on my own? p. 207-208?

What are the top ten tips for successful blogs? p. 209

Should I have a website, blog or both? p. 209-210

What social networking options are available to solo lawyers? 210-212

What are some high impact marketing ideas that offer proven results, but which many lawyers aren't using?  p. 216-223

Can I start a successful part time practice? p. 233-235

I work for the government - what's the best way for me to transition to solo practice? p. 230-232

How do I start a firm right out of law school?  p. 224-226

I'm at biglaw - will my credentials help or hurt me in starting my own firm, and how can I leverage them to my advantage? p. 227-230

What kind of tech do I need to get started? p. 253-262

What's a paperless office and should I have one? p. 262-263

What are my legal research options? p. 265-270

How do I create a forms library?  p. 271-276

Should I have a mission statement, and how do I create one? p. 251-252

What are some basics to drafting a business plan and are there some samples unique to law practices?  p. 246-250

Of course, the book includes even more, but this is intended to give an example of the types of questions that it will answer for you.

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I'm Back, With Lessons from London

Well readers, after a two week absence I'm back.  And in the tradition of previous trips, I bring you real life marketing lessons from London. 

By way of background, this vacation grew out of my husband's two week business trip to his employer's London office.  Rather than spend the last few weeks of my daughters' summer vacation at home, particularly when camp was finished, I figured that we could take advantage of our frequent flier miles and my husband's accomodations to enjoy an affordable trip overseas.  At the same time, I realized that I'd be doing most of the touring with my daughters on my own.  So here's what I learned on our adventures through London.

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Taking A Vacation

Tomorrow, I'm leaving for a family vacation to London and while I'm exhausted from scrambling around trying to finish a brief and get my daughers ready for school (which begins the last week in August, just a week after we return), I'm also incredibly excited.  I spent a semester in London in college, but haven't been back since the summer of 1988, after I took the bar - and that trip was marred by my constant replaying of bar questions in my head (note to the similarly situated:  don't do that!)

I am looking forward to a real vacation, and in fact, I won't even be bringing my laptop - a decision facilitated by policies like these.  However, I also must confess that I'm not a big fan of the work-life smush fad, where rather than separate our life into compartments like work and play, we simply regard work and play as one big continuum.  I've been doing that for nearly 12 years now - writing briefs while nursing babies, sneaking in phone calls while waiting on car pool lines, blogging while interrupted with homework questions - and it's nearly burned me out.  So I'm looking forward to rejuvenating without my computer and I know that my daughters are looking forward to it as well. 

If you catch me posting frequently, you can let me have it!  In the meantime, enjoy the next week and I'll see you on the other side, with lots of news about some new projects that will be happening here soon.

Laid Off By Cadwalader? Why Not Solo by Choice?

 This post is for the 96 Cadwalader attorneys who were pink slipped today.   Let me be blunt:  consider starting a law firm.  No, don't do it now while you're still nursing your wounds; getting axed is never pleasant even when it's not your fault (and hey, we all know that it's economics pure and simple).  But after you've had time to grieve about the past and you're ready to start planning the future, at least give the option of starting a law firm some thought.  Starting a firm is not only possible, and there's probably never been a better time to give it a try. Take a look at my book  Solo by Choice which makes the case for why you should consider starting a firm in today's legal economy and shows how to leverage 21st century trends like technology, outsourcing, social networking, and alternative billing to succeed.  And if you don't believe me, then take a look at this pile of posts from the past five years about biglaw attorneys finding big satisfaction and big success by starting a practice. 

Here are some past posts tand resources to consider:

The Lawyer You Always Wanted To Be:  Inspiration for New Grads and Practicing Lawyers (ebook)

Why You Can Succeed In Your Own Practice Even if You Floundered At Your Job

Why McKee Nelson Associates Should Consider Starting A Firm

Don't Just Leave Partnership Track; Bypass It By Starting A Firm

Biglaw Lawyer Goes Solo

Why 2008 Will Be A Banner Year For Starting A Firm

Biglaw Attorneys Find Happiness in Solo Practice

Biglaw Attorneys Downsize to Solo Practice

Biglaw Attorneys With Big Clients Start A Firm

Biglaw Litigators Form Boutiques

Large Firm Lawyers Starting Firms

They Could Have Stayed At Biglaw But Didn't

From Biglaw to Reproduction Rights Niche Practice

No Regrets for These Biglaw Attorneys Turned Solo

Free ebook on Social Networking For Lawyers (social networking will help you whether you look for a new job or decide to open your own)

If you have any questions about starting a firm or need assistance or encouragement, shoot me an email at elefant@myshingle.com.

Greatest American Lawyer's Rejoinder to the Well Drafted Retainer

In a response to my earlier post, The Well Drafted Retainer, my blogging colleague Enricho Schaefer ponders whether the traditional retainer is outdated.  Schafer argues that the complexity of retainer agreements complicates relationships with clients rather than facilitating them.  Schaefer explains that his firm memorializes the attorney-client agreement with an email listing the tasks to be performed and the flat fee, which clients can pay via Pay Pal and thus commence the relationship.

To my mind, what paves the way for Schaefer's type of retainer agreement isn't so much the electronic nature of the transaction, as he suggests.  After all, in an internet age, even a "paper agreement" can be scanned and signed or acknolwedged by email.  Instead, what really enables Schaefer's agreement is the flat fee and the way that it liberates lawyers from the attendant protections required when they bill by the hour.    When lawyers charge a flat fee, they merely need to state what work they will perform and (if they choose to be overly cautious) what tasks are not covered.  Clients do not care how many hours each task will take or what each task involves because they have already agreed to a sum certain and understand that the lawyer will perform all work needed to complete the task.  In short, they pay an end product, not hours billed. 

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NEW- Free e-book: Social Networking for Lawyers: The What, Why and How

This past Friday, I hosted a proof of concept course on Social Networking for Lawyers.  As part of the course materials, I prepared a 30 page ebook, entitled Social Networking for Lawyers: What, Why & How that gives an overview of social networking tools for lawyers (the "what"), describes how these tools can help build the 3 Rs of a successful practice - relationships, referrals and reputation (the "why") and offers best practices for using social networking tools as well as a preliminary analysis of some of the potential ethics issues (the "how.")  There's also an Appendix that contains powerful adjectives and verbs for use in a social networking profile and various screen shots of social networking applications, including a fairly detailed mark-up version of LinkedIn.  The ebook is intended to serve as an introduction to jump start your use of social networking tools; it's by no means comprehensive.  In September, I will be launching a series of online trainings for groups of individual lawyers as well as turn-key programs for bar associations and law firms; by downloading the e-book, you'll automatically receive updates on these upcoming events.  Also, watch for a CD recording of the course that I'll be making available soon.

Note:  If there are topics that you'd like to see covered in the book, or have any other feedback to offer,  please send me an email or drop a post in the comments below.

Here's the registration form for the e-book:
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Should the Law Marketing Message Fit the Medium?

Lawyers sell advice and legal services.  So should lawyer marketing focus on, or educate clients about what lawyers provide - or try to identify ways to get in front of prospective clients for any reason.  That's the question that law marketer Russ Lawson considers in this post which discusses a  99 cent/gallon gas promotion by a Kentucky law firm.  Essentially, the firm distributed $15 vouchers entitling the first 250 drivers to gas for a price of .99, with the firm making up the difference in price.  Firm lawyers and staff pumped gas for the customers.  Lawson isn't sure if this practice is even ethical, but even if it is (and I think it would pass muster - it's not all that different from distributing pens or tee-shirts at a convention, just higher value), Lawson doesn't like it.  He argues that gimmicks like these "buy the brief attention of the market," but they don't educate clients or help the firm learn what prospective clients really want or need. 

What do you think?

The Well Drafted Retainer Agreement - A Sample and A Challenge

As I've written in Solo by Choice and discussed at my blog, a well drafted, ethically compliant retainer agreement is a lawyer's most important tool in guarding against grievances, setting client expectations and generally, helping to create a profitable pratice.   Without a retainer, some bars won't even let you collect your fee.  And if your agreement doesn't comply with bar rules, you may find yourself hit with a serious grievance.  Finally, a retainer is the first document that a client receives from your office - and a professional, well thought out and thorough retainer can be a selling point for your practice. 
 
Because of its importance, retainer letter is one of the first documents that you should create for your office.  You should constantly review and modify it to incorporate new ideas as you move forward.  At the same time, there are no shortcuts:  because law practices and bar rules are so divergent, it's impossible to create a standard, one size fits all retainer.  At Soloformania, I list some letters that may offer a starting point or include language that you want to put into your retainer agreement, but you'll still have to do most of the modifications yourself.

How can a retainer letter help you keep a fee?  Because the agreement (if you choose) sets out what you'll do in a case, you can readily defend your fee by simply pointing to a list of tasks in the retainer that you said might be necessary.   For family law attorneys, Michael Sherman of Law for Profit.com has a great Sample Retainer (at the end of the materials) that you can modify for your jurisdiction.  Notice that the retainer educates the client by giving a roadmap of the proceeding, establishes an expectation that the matter may potentially be protracted, makes clear the terms of payment, sets forth grounds for withdrawal and contains a sunset provision on the effectiveness of the agreement.   Yes, there's even more that you can include in a Retainer (or a supplemental Office Policies Guide) such as policies for use of email, document retention, data security, time for returning phone calls, resolving billing disputes, Client Bill of Rights or even green office practices.  But Sherman's retainer covers many bases for a family law practice.

Don't wait for your first client to walk through the door to draft a retainer agreement.  Get started now with this important building block for your law firm.