My Shingle

Back of the Napkin Business Plan for Starting a Law Firm

Carolyn Elefant — Fri, 18 Jun 2010 18:24:03 +0000

Starting a law firm can be daunting. Checklists and Mind Maps and planning resources outline the tasks involved, but the minutia can overwhelm. For some, the planning process gives rise to analysis-paralysis, as the quest for a perfect launch delays launching at all. And for those who come to solo practice as a last resort, putting to paper income projections (a big fat zero) merely heightens feelings of hopelessness.

Believe it or not, the details of starting a practice – where you’ll locate and the corporate form you’ll adopt and even where you’ll find clients – don’t matter, at least at the outset. What’s most important is (1) your vision of what you want to accomplish and why you even want to practice law, and (2) identifying a few tangible baby steps to start you on your way, and jolt you out of either malaise or the endless cycle of tail-chasing, start-up activity.

To help you focus on what matters, I’ve created the MyShingle.com “Back of the Napkin Business Plan.” The plan distills these tasks into a half-sheet of paper and offers up a couple of inspiring quotes to keep you motivated. Print it out and take to the beach or on a quiet hike – or scribble up your own back of the napkin, using these somewhat more sophisticated tools courtesy of this terrific website, TheBackoftheNapkin.com. Because once you settle on why practicing law matters and what you you want to create, the rest of details will fall into place, more easily than you ever could imagine.

MyShingle.com Back of the Napkin Law Firm Business Plan

Passion Is Always in Fashion

Carolyn Elefant — Tue, 13 Apr 2010 02:14:21 +0000

In a couple of hours, I’m heading out to Seattle for the Global Marine Renewable Energy Conference as well as some other meetings with colleagues and online friends. I’ll be away for the week and fairly busy, so I won’t be posting. Plus, while I’m away, there’ll be some back-end work taking place at my site for a re-launch that is coming very, very soon.

So, let me leave you with these thoughts while I’m gone. At last year’s GMRE conference, I gave a five opening minute talk wherein, among other things, I confessed my passion for everything regulatory – from understanding how regulation works and more importantly, helping companies navigate them seamlessly. Best marketing I ever did. Throughout the entire conference, people approached me like kindred spirits, confessing that they, like me, were regulatory geeks. Even better, I’ve since gotten two significant pieces of business from that talk alone — first time that’s ever happened to me after a speaking engagement.

For this week while I’m away, promise me one thing. Put down that marketing plan, forget about SEO and stop writing those stilted blog posts wrapped around key words. Try, hard as it is, to set aside worries about money and how you’ll pay your student loans or your kids’ college tuition. Instead, put on a smile (force it if you must!), remember what it feels like to dance a jig and share your exuberance for the law and your devotion to justice with everyone around you. Then, see what kind of reaction you get, and what kinds of results turn up.

I’m guessing wearing your exuberance on your sleeve will generate some positive feedback, and perhaps even a few leads on clients or referrals. Because even in a 21st Century world, passion is something that never goes out of fashion.

I’ll see you back here next week!

In Praise of the Long Journey

Carolyn Elefant — Tue, 22 Dec 2009 22:01:27 +0000

In an age where we envy quick success – the dotcom that grows from garage to gargantuan in eighteen months, the blogger who gets a book deal after three months – artist in turn lead to break-out success. Five years later at 94, Herrera is savoring the financial remuneration and notoriety from a lifetime of painting.

As the New York Times explains, money and the fame, though appreciated, never drove Herrera’s career. Instead, Herrera painted, quite simply, because her passion left her no choice. As Herrera explained:

I do it [painting] because I have to do it; it’s a compulsion that also gives me pleasure…I never in my life had any idea of money and I thought fame was a very vulgar thing. So I just worked and waited. And at the end of my life, I’m getting a lot of recognition, to my amazement and my pleasure, actually.

Quick success is great, no doubt about it. But even better is having the kind of passion for our work that compels us to persevere, to just show up. As one of Herrera’s colleagues said to her, the bus always comes for those who wait. In the meantime, enjoy the scenery.

I’ll be off on vacation until next week, when I’ll return with some posts on ethics issues and of course, my trends predictions for 2010. I’ll see you then.

An Ebook on What Matters

Carolyn Elefant — Thu, 17 Dec 2009 01:08:36 +0000

One of my favorite “ideas” people (for want of better classification) is Seth Godin. Godin has an eye for trends. No other blogger spots them as far in advance or articulates them quite as well. This week, Godin is offering a freebie: an ebook entitled What Matters Now. The book is comprised of contributions from “seventy big thinkers, each sharing an idea for you to think about as we head into the new year.”

I enjoyed the book though the quality is uneven. Some of the contributions – all of which are a page or less – are a bit flimsy. Others (Hugh McLeod’s or Elizabeth Gilbert’s come to mind) resonate.

Also, this is one of the most attractive e-books I’ve ever seen. Even if you get nothing from the content, consider the style as a model for an e-book that you might write.

The book is free and you don’t even have to register with an annoying autoresponder to retrieve it. Just download it directly at Godin’s site. Maybe you’ll find inspiration for the coming year.

Keep Your Eye on the Prize: Advice for Solos & All Lawyers from Marc Randazza

Carolyn Elefant — Wed, 09 Dec 2009 11:23:29 +0000

So how does a real estate associate who barely found a job at a small local firm become one of the nation’s pre-eminent First Amendment lawyers with his own practice, representing clients like Above the Law or the guy who went head to head with talk radio superstar Glenn Beck in a battle over a domain name? By “keeping his eye on the prize,” as Legal Satyricon Marc Randazza explains in his interview with Bitter Lawyer which I learned of via Scott Greenfield‘s bag of holiday goodies.

In case you thought that a glamorous First Amendment practice is limited to academics or lawyers with a certain pedigree, think again. What’s most inspiring about Marc Randazza is that he didn’t let his circumstances divert his passion from the First Amendment but instead, used his passion to change his circumstances. Consider, for example, his experience at a real estate firm:

The people were great, and they taught me a lot about practicing law ethically. I loved working there. But the work did not inspire me. At end of day, I would find myself working on law review projects and things for free because I was interested in them.

[To make the transition from real estate to First Amendment], I never took my eyes off the prize. When a copyright issue came up, I grabbed the case. When a defamation issue came up (which they often did with homeowners boards), I jumped on those. I made sure to find a way to dovetail what I had to do with what I wanted to do.

Thereafter, Randazza tried to set up a meeting with a highly regarded First Amendment lawyer Larry Walters well known for representing clients in the pornography industry. When he learned that the lawyer was away at a conference, Randazza figured out which one and “basically stalked him.” They hit it off at the conference, and eventually Walters hired Randazza to work at his firm. After five years, Randazza left to work as in-house counsel for Corbin Fisher, a gay porn company that allows Randazza the flexibility to “have a solo practice on the side (mostly pro bono work) where I can take cases that appeal to me.”

Randazza’s philosophy applies to any solo or lawyer. If you’re toiling at work that you can’t stand and a desire to do something else burns within you, keep your eye on the prize and you will find a way.

Why Big Firms Don’t Blog Well: Not Too Much Risk, But Too Little Passion

Carolyn Elefant — Thu, 03 Dec 2009 22:11:30 +0000

Chalk one up for the solos and small firms. For what it’s worth, we dominate the ranks of the Third Annual ABA Blawg 100. By contrast, only two large firm blogs made the cut, Mark Herrmann observes at Drug and Device Law, one of the chosen.

Mark contends the lack of an engaging voice accounts for the omission of most big firm blogs from the ABA Blawg 100 list, and of course he’s right on that count. Voice makes a blog as addictive as the morning cup of coffee that usually accompanies its read. But more importantly, an engaging voice breeds the kind of wild loyalty that sends readers into such a public frenzy when a favorite blog is overlooked that the omission never recurs. You just don’t see that kind of fan base for most big firm blogs.

So why don’t big firm blogs engage? Mark suggests that:

writing in a distinctive voice is risky and that this is the real explanation for why most big firm blogs don’t draw large readerships (or accolades from the ABA)

Just as it’s risky to be provocative in a brief — because the benefits are so small, but the costs so potentially large — it’s risky to be provocative in a blog.

If we write something funny here, you might smile. But you’d never send an e-mail to our colleagues praising us for being a laugh riot.if you read our attempted humor and are offended, you might not be so constrained. You might write directly to us (and some of you have) or you might write to others in our firm to complain about us (and some of you have done that, too).

Solo practitioners don’t have to worry about that risk: If Scott Greenfield embarrasses himself at Simple Justice, no one can complain to his colleagues. Not so for those of us in the AmLaw 200.

Though I’ll agree that big firm lawyers who push the envelope on a blog face some risks, getting hassled by a colleague or even losing a client are small potatoes compared to losing one’s license, a prospect that this solo faced when the Florida disciplinary committee brought ethics charges against him for complaining about a judge’s unfair procedures at his blog. Likewise, if Scott Greenfield or another solo embarrass themselves, their online reputations are toast, which could impair their ability to generate business in the future.

The point here is that while big firm attorneys do face risk, so too do the small fry. The real question is why are solo and small firm lawyers willing to accept that risk when their colleagues at big law won’t?

Perhaps solo and small firm lawyers benefit from blogging more than our large firm peers. Mark points out that the risks of blogging for a big firm lawyer aren’t worth it when compared to the “awfully intangible benefits.” By contrast, I’ve found that my law firm blog has enabled me to establish a name for myself in my industry which compensates for the lack of a big firm pedigree (a factor that still plays an important role in hiring decisions, according to a recent study).

Still, while benefits like client generation might motivate the average solo or small firm blogger to accept the risks associated with blogging (and as in big law, there are plenty of bland solo and small firm blogs), they don’t matter much to the bloggers who made the Top 100. The lawyers who are writing the kinds of blogs that engage or provoke or inspire sufficiently to attract the attention of the ABA editors aren’t motivated by benefits, real or intangible. Instead, they’re driven by a passion and enthusiasm and a powerful curiosity about their subject matter so forceful that it compels them to write, notwithstanding the risks.

When you read the great law blogs (and I should caveat that there are many excluded from the ABA 100), the author’s passion and enthusiasm for the subject is palpable. At some blogs, that passion manifests in a breezy familiarity with the topics covered or the unbelievable level of detail, or the consistent message articulated with forceful elegance or the pride of being a real lawyer representing people the trenches or the practical blogosphere.

Most big firm attorneys aren’t consumed by that level of passion for what they do (though you can tell from Drug & Device Law that Herrmann and Beck don’t fall in that category). And I don’t mean that pejoratively. Big firm lawyers are very, very good at practicing law, but I suspect that for many, their time spent at big law is just a job (albeit an intellectually stimulating, financially rewarding one), not their life’s work or a calling or a part of the legacy that that they want to leave behind.

Let’s face it — without passion, you can’t do much more than phone it in on a blog. So, it’s not surprising that so many large firm blogs (and indeed, so many lawyer blogs generally), while strong on substance, not only fail to engage but fail to endure. Because if what you blog doesn’t thrill you or compel you to write or make you feel as if you just might be be able to change a little piece of the world, then really, what’s the point?

Update: Here’s Scott Greenfield at his finest.

Second Chance Solo

Carolyn Elefant — Mon, 09 Nov 2009 00:01:33 +0000

What would you do if you were exonerated after spending twelve years in prison for a crime you didn’t commit? Would you spend the rest of your days justifiably bitter, complaining about the injustice of a legal system that could convict an innocent man? Or would you feel gratitude towards those lawyers who helped to vindicate you and decide to become one yourself.

Wisconsin attorney Christopher Ochoa chose the second option, as described here in this inspiring story. Though Ochoa initially considered working as a prosecutor (to prevent baseless cases like his from ever going to trial), following graduation, he struck out on his own as a solo. Before long, Ochoa found that his practice had blossomed into a “full blown criminal law practice.”

Starting a law firm gave Christopher Ochoa a second chance to reclaim his life. If solo practice can help a guy who spent twelve years in prison build a productive and satisfying life out of total ruin, then maybe, it could do the same for you.

Real Life Lessons for Lawyers from the Fashion Industry

Carolyn Elefant — Sun, 16 Aug 2009 14:01:44 +0000

Last week, I took a quick hop up to New York with my daughters to visit Banana Republic‘s design studios. The trip came courtesy of my lucky 12 year old, Elana who won both the tour and $400 in spending money in a contest at Miss O and Friends. Though I was happy for my daughter, initially I balked about losing a work day during a period when I’m swamped. Plus, fashion doesn’t come very high on my interest list; I’d have preferred a tour of a court room or even a baseball game. But I needn’t have been so stodgy, because as it turned out, even the fashion industry offers some valuable real life marketing lessons that could benefit lawyers.

1. Advance Planning: During the tour, we visited a room where designers are planning the Fall 2010 season. With this lengthy design cycle, designers need to be adept at spotting trends and predicting what looks will in demand a year from now. By contrast, lawyers rarely take such a long term view. Sure, many law firms write business plans that project number of clients or revenues generated, but there’s little focus on the broader picture, such as what will the legal industry look like a year from now or how will technology transform client expectations or lower the costs of services that we deliver? Used to be that law moved at a snail’s pace, but like fashion, the pace of change is accelerating and like designers, we need to spot emerging trends and then position ourselves to capitalize on them.

2. Know Your Customer/Clients: Many marketing books aimed at lawyers speak to the importance of understanding the characteristics of your “ideal client” so that you can focus your marketing efforts. Once found, however, there’s little discussion of how to keep ideal clients or to adapt your style to their needs. For example, if your ideal client is a person who doesn’t have many assets and wants a bare bones estate plan for peace of mind, pushing a $10,000 plan with all the bells and whistles isn’t a very effective approach (suggesting the plan is one thing, but a hard sell is another).

But what I noticed during the tour of Banana Republic is that the designers are constantly focused on their customer, speaking of her (and yes, the ideal customer is frequently a “her”) as if she were an actual person, imagining here in vivid detail. For example, in describing the upcoming designs for fall, one designer explained: “Our girl is someone who likes a standard black pant, clean, crisp and professional for the office. She doesn’t like a wild look. But we’ll try, gradually to convince her that the skinny look offers a more modern line and that she can wear it.” Or, in talking about future customers, another designer said “We want to be the place where a college graduate comes for her first interview suit. She wears it and gets the job and continues to return throughout her career because she knows that she can rely on us for a professional look.”

Could you describe your clients in that personal a manner? And if you can, what measures are you implementing in your practice to serve your clients and make them lifelong customers?

3. Outside Inspiration: So how do designers come up with new looks? They seek inspiration from all sources – history, art and just walking around the streets of different countries. That’s a reminder to us lawyers that ideas for marketing our practices don’t just come from other lawyers or law firms, but form different industries as well.

4. The Passion: Few lawyers rarely express passion for their work. Some contend that law school subdues any passion that students have. And if passion isn’t sucked out in law school, then many lose it under the strain of mind-numbing work. Just check out the comments at sites like Above the Law to get a sense of the contempt that many lawyers hold for the practice of law.

By contrast, the Banana Republic designers couldn’t contain their passion for their work. Even when the other mom on the tour asked the designers to describe the downside of fashion and the hard work that a career in fashion entails (bless her heart!), the designers had a hard time complaining. “Well” said one, “Sometimes, we have to work until 11 when we have a deadline,” but then added that the time goes so quickly when you do something you enjoy. Likewise, another griped about the downside of travel like being stuck for 8 hours on a flight, but it was clear that the preceding five days spent in an exotic location outweighed this inconvenience.

Perhaps passion isn’t as essential in law as in fashion. After all, the creative process of design is fueled by passion or inspiration, while it’s possible enough to sleepwalk through writing a workman-like brief that gets the job done but doesn’t light any fires. On the other hand, perhaps we lawyers too willingly settle for work without passion when we don’t need to do so.

So all in all, my trip to Banana Republic was both fun and productive. Lots of real life lessons to implement in my practice but better still, a terrific day on the town with my girls.

The Path Not Intended

Carolyn Elefant — Sun, 26 Oct 2008 14:13:05 +0000

One thing that you probably don’t know about me is that when it comes to driving, I’m hopelessly and completely directionally impaired. On foot or bike, I can navigate easily virtually anywhere under the sun, but somehow, finding my way to a new location while driving at high speeds and trying to avoid an accident utterly confounds me. These days, Mapquest and GPS make navigating a little bit easier, but even so, they’re not fool proof as I learned last week. While driving from the TF Green Airport to Roger Williams Law School in Bristol Road Island, I encountered road construction that distracted me from my designated exit. Since I was in a hurry, I had no choice but to continue on and put my faith entirely in the GPS.

But as I berated myself from my carelessness, I noticed that the road where I’d landed wasn’t all that bad. In fact, with its panoramic views of bright blue water and blazing autumn leaves and classic New England architecture, this winding road turned out far more relaxing and scenic than the one I’d left. Ultimately, the road flowed almost seamlessly to the law school campus, and I arrived just a few minutes later than I’d originally anticipated.

Since my return, I realized how much our careers in the law resemble my trip. Like me with my maps and GPS, we can plot and plan and chart a course to success. For some, that plan entails moving seamlessly from top tier law school to biglaw, while for others, it may involve opening a practice the day the bar results arrive in the mail. Yet bumps in the road – a layoff, inability to find clients in a coveted practice area, or doubts about our talent – throw us of course and leave us searching for a new plan. Instead of panicking and desperately trying to stick to the script, why not take a few steps down a new road? Perhaps that means taking a CLE on a practice area that you never before considered or accepting a referral in a matter that sounds intriguing but that you’ve never handled before. Perhaps it even means exploring opportunities like starting a firm (if you’ve just been downsized) or taking a look at joining up with other lawyers at a firm, if you’ve been exclusively solo. Because at the end of the day you’ll find that no matter what path you take, you’ll discover you’ve arrived, and that you’ve enjoyed the journey more than you ever imagined.

For more on this theme, you can read one of my favorite pieces, The Accidental Practice, about how “The most wild and amazing successes of a solo’s career often come by sheer accident.”

Lawyers Appreciate…Passion, Baby, Passion!

Carolyn Elefant — Mon, 24 Dec 2007 07:52:27 +0000

Yes, you read my headline correctly – lawyers appreciate passion. At least, that’s my official response to the Second Annual what do lawyers appreciate meme , for which I’ve been tagged by my friend Sheryl Schelin.

My answer may surprise you. After all, we generally, we don’t associate staid lawyers with passion – unless it’s kind of carnal passion like thisthat keeps bar disciplinary committees in business. But lawyers appreciate the another kind of passion: the inspired committment that the best lawyers bring to bear in representing clients, running their practices and participating in the blawgosphere. In fact, if you think about it, passion lies at the core of our profession, formally codified in our duty to zealously represent clients. What is zeal, after all, if not passion?

So how do I know that lawyers appreciate passion? Well, first and most obvious, because even though in our profession passion is in short supply, either squeezed dry by the rigorous demands of a job we don’t like or the monotony of the same cases over and over again, many of us lawyers yearn to restore passion to our own practices. Second, because passion accounts for the public success and personal satisfaction of those lawyers at biglaw or their own solo practice, who practice law with joy and purpose, and in doing so, evoke our admiration. And finally, because passion drives the success of our beloved blawgosphere, home to memes such as this one. The blawgosphere depends upon the participation of hundreds of lawyers who blog their hearts out for audiences of ten or ten thousand simply out of sheer passion for exchanging and sharing ideas. And silly contests aside, for those laywers who passionately and genuinely captivate and inspire their readers, the blawgosphere bestows a wealth of riches like complimentary comments, mutual respect, intellectual satisfaction and, as Sheryl said, friendship.

That said, while I may appreciate passion in the practice of law, I don’t have much passion, just patience, for memes. But I’ll dutifully tag Scott Greenfield, Nathan Dosch, Bob Kraft and Ed Poll and Greatest American Lawyer. And of course, you don’t need to wait for an invite – feel free to jump in and join the party as I did last year (lawyers appreciate…clients).

Update 12/24/07 made a few stylistic edits.