My Shingle

October 2011

Please, No More Solo Stereotypes

October 31, 2011 by Carolyn Elefant

It’s bad enough that Clifford Winston and Robert Crandall are receiving so much press for their book, Let’s Deregulate All the Lawyers . which I debunked in part in this last post. What’s even worse is that this crock of half-truths is now being used to revive the myths about solos as the untouchables of […]

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No Need to Deregulate Lawyers if We Debunk An Economist

October 25, 2011 by Carolyn Elefant

Clifford Winston, an economist at Brookings continues to gain mainstream media coverage for his new book, First Thing We Do, Let’s Deregulate All the Lawyers in which Winston and his co-authors argue that non-lawyers can do the same job as lawyers only faster, cheaper and – in many instances better.  In that respect, Winston may […]

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He’s Changed the Way Law Is Practiced

October 21, 2011 by Carolyn Elefant

I remember when I first corresponded with Enrico Schaefer, the Greatest American Lawyer back in the early days of the blogosphere. At the time, Enrico had just left his firm to start his own and was blogging anonymously presumably to keep his former partner from learning the details of his plan. When Enrico started his […]

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Solos, Are You Afraid of Big, Bad Axiom Legal?

October 20, 2011 by Carolyn Elefant

Like most solos who compete with big firms, my sweet spot is my ability to offer potential clients exceptional value — high quality work, longstanding experience and industry contacts, a seamless experience through use of technology and an assurance that clients will always deal directly with me and not a low level flunky. Of course, […]

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Pay for the Product, Legal Service is Free or Pay for the Legal Service, Product is Free?

October 19, 2011 by Carolyn Elefant

In my last post, I discussed different types of freebies that lawyers offer as incentives to encourage existing clients to send or refer more work. But lawyers — and quasi-legal providers like Legal Zoom — are also using free to generate new clients. Many lawyers – from solos to behemoth firms – are giving away […]

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Two Different Business Models of Free – Frequent Buyer Benefits

October 19, 2011 by Carolyn Elefant

As I mentioned in Marketing by the Numbers video, it’s 11 times more expensive to generate new clients than to attract business from existing clients. Existing or former clients already know you, so you don’t have to convince them to hire you. At the same time, because your clients are constantly inundated with marketing materials […]

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Solo Snags A Client from Biglaw Firm Willing to Work for Free

October 13, 2011 by Carolyn Elefant

It’s always inspiring to learn about a  solo who snags a plum client in a well-publicized case.   But the accomplishment is even sweeter when the solo beats out a major law firm that – get this – was willing to work for free. Though this kind of scenario doesn’t occur as frequently as many […]

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First Amendment Challenge to Restriction on Lawyer’s Blog Likely to Flounder – And Bring Other Blogs Down With It

October 10, 2011 by Carolyn Elefant

As the saying goes, bad facts make bad law. And there’s going to be some very bad law for lawyer blogs indeed if Virginia small firm lawyer Horace Hunter loses his First Amendment challenge to the Virginia Bar’s attempt to require the firm to include certain disclaimers on its blog. Don’t get me wrong – […]

Read more Ethics & Malpractice Issues 17 comments

Thank You, Steve Jobs

October 6, 2011 by Carolyn Elefant

I bought my first Mac in August 1987. Perhaps more than anything up until the birth of my daughters, my Mac changed my life by making me realize that with my words and a means of production, anything – becoming a writer, starting a business or effecting change – was possible. My Mac gave me […]

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MyShingle’s Proposed Revisions to Ethics 20/20 Model Rules on Admissions and Model Rule 5.5

October 5, 2011 by Carolyn Elefant

Though I started with the best of intentions to track the activities of the ABA Commission on Ethics 2020, I’ve been having some trouble keeping up with the Commission’s relentless pace. This month brings another barrage of proposals on Outsourcing, Client Confidentiality and Technology and Technology and Lawyer Marketing, and Attorney Admissions. I’ve already provided […]

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