Though he died as head of a 625-lawyer firm, centenarian lawyer Christian Peper started as a solo. As described in St. Louis Today, Peper, along with his friend Malcolm Martin and Martin’s father started a law firm in a four room office back in 1941. Three months later, Japan attacked Pearl Harbor and Peper, determined to help the war effort, continued to build his firm even as he worked several hours each night at a defense plant making weapons parts. Seventy years later, Peper continued to go into the office until three weeks before his death on July 11, 2011.

Despite his enormous success, Peper never viewed law as a business. Instead, Peper called the legal profession a “community of scholars,” and fostered a tradition of support for scholarship and the arts within his firm.

Could a Century Solo like Peper survive in the Twenty First Century — where blogs and twitter-sound bites have rendered law journals obsolete, and where lawyers drop in and out of the profession instead of sticking with it for seven decades. Who knows? But these elder statesman of our profession still have much wisdom to offer – and we need to try to capture those lessons before these lawyers fade away.

Related posts:

1. The Travelling Lawyer
2. 21st Century Solo, A Chain-Blog Post, Part II
3. Can Solo Practice Make You Open Your Mouth?

As a solo, I can’t afford Ken Adams, ABA Legal Rebel and contract drafter extraordinaire.  I know this because Ken himself has told me so when I’ve inquired about his services.  Not arrogantly or bluntly, but matter-of-factly.  After all, when you’ve written the definitive guide on contract drafting, you can pretty much command any price you want.

So you can imagine my excitement (hey – you can even see my excitement in the photo!) when I learned at the recent ABA Tech Show that Ken had gone low-brow, taking his skills to the masses by creating a template contract for a non-disclosure agreement. Only trust me – this is not the kind of pedestrian form that most lawyers commonly deride.  It’s craftsmanship.

Ken walked me through the four page agreement (you can view a demo online), and showed how I could customize it to my needs by filling in a couple of responses in some spots (for example, to insert the parties’ names, type of NDA and description of the transaction) and checking boxes in others (such as number of parties, gender or choice of forum).  Most importantly for someone like me with limited transactional experience, each selection option is accompanied by a fairly thorough explanation.

So why is Ken’s Koncision NDA such a big deal?  After all, based on the massive number of junky templates that dominate the Internet, you’d think that slapping together a template would be the easiest thing in the world. It’s not. As Ken guided me through the form, I felt as if I had access to the inner workings of his mind listening to his explanation of the development process and how he needed to think three steps ahead to figure out how a particular response to one question might impact the range of choices needed for subsequent questions.  Crafting a form that covers the universe of possibilities is an incredibly complex task – yet the final product looks as if it were effortless to users.  And the result of this partnership between man and machine is a quality, bespoke product for a modest price.

You might be thinking – who the heck cares about non-disclosure agreements anyway?  If I’ve got to customize the agreement anyway, then why should I even both to spend fifty dollars for something that I can download free?  Two reasons.  First of all, even when you use a template, you’re still going to bill clients for an NDA – and it’s probably going to cost more than fifty dollars.  Second, though the NDA process has been routinized, if you represent start-ups or inventors, the NDA represents the first step in what will hopefully evolve into an ongoing relationship. So why not impress your client with a clean, elegant contract crafted by the best and that you can prepare in under an hour without risking the potential for error that, for example,  cutting and pasting an existing template may entail.

Check out Ken’s new product and see if it would meet your needs.  At the very least, it’s a way to get a piece of Ken Adams without spending an arm and a leg. To see what others are saying, visit Ken’s site.

Related posts:

1. Question for Transactional Solos: What Kind of Contracts Do You Frequently Draft?
2. Who’s paying this ABA Cost?
3. The Death Penalty Must Be Wrong If Its Too Big for Biglaw

If you think that global practice is the exclusive domain of behemoth law firms, think again. These days, there’s more opportunities for solos to go global than ever before, as I write in my piece, at The Xemplar, entitledA Whole New World for Solos that begins like this:

While many large, national U.S. firms are struggling in the international arena – due to competition with global firms with substantial overseas presence or loss of once-lucrative document review projects to off-shoring, nimble solos – like this month’s Xemplar, Susan Burke – are well positioned to capitalize on the wide array of option’s that today’s brave new world has to offer. In this piece, I’ll identify some of the global opportunities on the horizon for solo and small firm lawyers, and more importantly, what you need to do to take advantage of them.
I. International Trends

Several reasons explain why the iron is hot for solos to crack international markets. First, as a result of international crises and a downward economy, more United States citizens are spending time out of the country than ever before. Peacetime military deployment overseas is at one of its all time highs, while the idea of retiring outside of the country, to stretch retirement savings farther is gaining popularity. Likewise, in the face of rising healthcare costs, many U.S. residents are traveling overseas for affordable procedures ranging from cancer treatment to IVF. Cultural attitudes are changing as well. No longer aspiring to a 30 year career in a corporation, today’s younger generations are far more transient and more likely to sample working abroad…. read more

Of course, if my piece isn’t enough to convince you of global opportunities, then check out my colleague, Niki Black’s profile of the inspirational Susan Burke, a small firm lawyer who’s representing Iraqi victims in the Abu Ghraib torture cases among other major matters.

Do you have a global practice – either representing foreign nationals here in the US, or representing clients overseas? Share your story in the comments below.

Related posts:

1. A Global Law Firm of Solos
2. Jet Blue Be Nimble…But Can You?
3. The Importance of Getting Out in The World: How A Lawyer Found an Oprah-Worthy Case on a Trip to Staples

Every so often, I like to post a profile of a lawyer who’s just opened a solo practice.   This month, it’s Jamison Koehler of Koehler Law.  Jamie is a criminal and DUI defense lawyer in Washington D.C. and here’s what he had to share about his background, his reasons for going solo and how he intends to serve clients.

Please contact me at elefant@myshingle.com if you are interested in being profiled for the site.

1.  When did you open your new law firm, and what areas does of law does your practice area focus on?

I opened my firm officially on the day I was sworn into the D.C. bar:  November 6, 2009. Koehler Law will do 100% criminal law.

2.  Where did you work before starting your practice?

Prior to moving to the D.C. area in June 2009, I worked as a public defender at the Defender Association of Philadelphia.  While there, I represented criminal defendants during felony and misdemeanor trials (adult and juvenile), preliminary hearings, sentencing and post-sentencing hearings, and violations of probation or parole.

3.   Why did you decide to start your own firm?

I have reached a point in my life during which I want to work for myself.  I want to pick my own clients and manage my own affairs.  I want to be involved during every phase of a criminal case from beginning to end.  I am also inspired by my wife Susan L. Burke, who opened her own firm, Burke O’Neil, three or four years ago and now has a thriving practice mixing corporate defense with plaintiff-side work.  (See Burke ONeil for information on her work representing the victims of the Abu Ghraib torture, the Blackwater shootings, and the burnpits in Afghanistan.)

4.   What aspects of criminal defense are most challenging?

Being charged with a criminal offense – and facing the tremendous power of the state’s resources arrayed against you – can be overwhelming for many people.  Many clients are afraid, angry and/or confused. Some suffer from mental health, addiction, or other issues. It is sometimes a challenge to get through the anger and confusion to focus on what needs to be done for the client’s defense.

5.  What is most rewarding?

There is nothing better than that moment of stunned silence after a verdict of not guilty has been announced and the look of realization comes over the client’s face:  You mean this case is finally over?  I also treasure the relationship you develop with clients and their families as you work through this very difficult period in their lives.

6.  The public hears many horror stories about criminal attorneys failing to investigate cases, pressuring clients into accepting plea bargains or promising unrealistic outcomes.  Do you believe there is any truth to these accounts?

While these things occasionally happen, I would hope they are far more often the exception rather than the rule.  Any lawyer worthy of his or her license to practice law will exhaust every possibility to uncover facts or details that could help the case.  While plea bargains are sometimes in the client’s best interest, the client needs to be educated on the options facing him or her so that he or she can make the right decision. And no lawyer should make promises he or she cannot deliver just to bring in a potential client or to avoid having a difficult conversation with an existing client.

7.  And more importantly, what should prospective clients look for when hiring a criminal law attorney so as to avoid the bad apples?

A good lawyer is someone who will listen to you, investigate the facts, and then look you in the eye and tell it to you straight.  You should be wary of any lawyer who promises victory.  There are often unforeseen complications.  There is rarely a slam-dunk defense.

8.  I see that you have decided to blog about criminal law in DC.  Tell me a little about your blog and the topics that you intend to cover.

I would like my website and blog to serve as the very reference tool I felt I needed when I first moved to D.C.  Each is targeted at a different group of people.  The website is aimed more toward a person who has either been charged with a crime him- or herself or knows someone who has been charged.  A person in this situation wants to know:  What are the elements the prosecution would need to prove at trial?  What are potential defense strategies?  What kind of penalties will I face if I am convicted?

The blog is targeted primarily at other practitioners.  I plan to cover the intersection of criminal law with such topical/popular issues as the Letterman extortion affair.  I will discuss the implications of recent Supreme Court cases, such as Arizona v. Gant, on the practice of criminal law in D.C.  And, because I enjoy reading about these experiences myself, I may ruminate occasionally on the challenges of being a solo criminal defense lawyer in the District.

9.  What else would you like your colleagues or prospective clients to know about you and your firm?

I love practicing law. There are few things I enjoy more than reading a well-reasoned case, even if I don’t agree with where it comes out. A good case can be as exciting to read as any novel. I still get a tremendous feeling of excitement every time I stand at the bar and introduce myself to the court. And I love delving into the details of a case, looking for the facts that will break the case. I hope this enthusiasm translates into good results for my clients.

Related posts:

1. The Defense for Starting A Criminal Law Practice Out of Law School
2. Great Criminal Law Resource, and Why It Helps Solos
3. Wouldn’t You Like to Be Remembered Like This?

MyShingle Virtual Videos from Carolyn Elefant on Vimeo.

I’m proud to present the launch of the MyShingle Virtual Video series, which will have a permanent home and dedicated page when my site re-lauches in the next few weeks. As video gains traction, I realized that many solo and small firm lawyers would like to incorporate video on their websites but can’t figure out how to do so conveniently or inexpensively.  Then I realized that with the power of Skype, I could videotape lawyers online; all they need is a webcam and Skype connection, but they don’t need to figure out how to record or edit videos themselves.  However, before I could experiment on Skype with a novice, I needed to try it out with a tech pro, which is why I turned to Sam Glover of the now two person consumer law firm,  Samuel J. Glover & Associates and a blogger at Caveat Emptor Blog and the Lawyerist.  Among the topics we covered are:

*How Sam got his start as a solo, his recent first hire and advice for students seeking jobs at small firms;

*Sam’s practice area of consumer law, why he chose it as a niche;the contingent nature of consumer law and the true cost of handling consumer law cases;

*Why Sam offers certain pleadings free of charge at his website; and

*How Sam’s blog helps him market his practice and creates more informed and better screened prospective clients

This video is a feature, so it’s fairly long.  The video profiles that I’m envisioning for solo and small firm lawyers would run three to eight minutes.  If you are interested in participating in MyShingle.com’s Virtual Video Project, either as a featured guest or would like a video short for your website, please contact me at elefant@myshingle.com.

Related posts:

1. More Lawyer Videos, From Beverly Hills IP Solo Michael Cohen
2. Niche Practice: Historic Preservation
3. A Few Quick Bits – Google Search Videos and Practice Management Comparison

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

5.  Is there a lawyer whom you consider a mentor and if so, how did you find each other and how has he/she helped you?

Not really a mentor; however, there were three lawyers, who are very good friends, that inspired me to strike out on my own – Lloyd Landreth, who practices in Tulsa, OK (who is also a BIGFIRM refugee); Andrew Sher, who practices in Houston, TX (and who is a plaintiffs’ firm refugee); and Marshall Jones, who practices in Shreveport, LA (and has been a small firm guy for twenty years).

6.  What do you find (a) most challenging and (b) most rewarding about your practice specialties?

The most challenging aspect is staying up on all the issues that you need to stay up on just to practice in the area.  The most rewarding thing is knowing that what I am doing is, in a small way, helping our environment.

I am committed to my client’s needs.  I do not take my self too seriously.  I do take the client’s issues seriously.

When I first started practicing, legal research was just being computerized; now there is on-line research (most of it is free) and on-line filing.  The practice will continue to be driven forward by technology so it will be important to stay up on the latest technologies in the market.

The single biggest problem I see is two-fold: first, the seeming need to chase down every rabbit trail in search of THE answer for the client – sometimes there is not a clear answer; second, and as important, the loss of collegiality fostered by the so-called “Rambo” litigation style.

Two things: remember, you are not really smarter than anyone else, you just have a different skill set; and be nice to people – the people you climb over on the way up are the same ones you will fall past on the way down.

Related posts:

1. Online Litigation Tips
2. Solos and Small Firms Should Cautious When It Comes to Litigation Financing
3. How Newdorf Legal Uses Technology To Reduce Client Costs And Improve Service In Business Litigation

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.

5.  Who was your first client – and how did he or she find you?

My first client was a woman who was experiencing bill problems.  She was a single mom with a young daughter, no insurance, and extreme debt due to her daughter’s chronic illness.  She found me from a print ad in a local newspaper, and called during the worst snowstorm New York City had experienced in years (Monday, January 8, 1996 was the day I was in the office, and the day everyone else was home or playing out in the 17″ of snow we got that day).  I was convinced someone would call, and she did – but she chose me because (shock) I was the only one at work to answer her questions.

I have been exceptionally lucky to have found an entire network of mentors in the world of consumer bankruptcy.  Not only the attorney members of the National Association of Consumer Bankruptcy Attorneys, but also those involved with me in Bankruptcy Law Network.  Without these incredibly helpful and intelligent lawyers I would never have attained my current level of knowledge.

I am blessed to be practicing in a field that allows me to see people at their worst and effect a real change in their lives.  Money makes the world go around, and helping people get back on their financial feet is very rewarding.

8.  Share an “aha” moment of your practice – a time when you realized that you were doing exactly what you were supposed to be doing.

My clients were a husband and wife with two young children.  One spouse had experienced significant health problems that required the family to live on one income for a significant period of time.  By the time they had recovered, the house was in foreclosure and the car was edging towards repossession.  Using the consumer protection and bankruptcy laws I was able to help them keep their home and car, get out from under a mountain of debt, and resume their productive lives. They still live in that home – 9 years later – and are doing very well.

I’m an only child of working-class parents, neither of whom had the benefit of a college education.  My father worked his tail off, putting in 14 hours days for years just to put food on the table. Giving me a better life was all my parents ever wanted, and I watched them teeter on the brink of economic collapse for years.  I know what it’s like to be in debt, and to want more for the future.  That knowledge informs my entire practice, and the way I work with clients.

Not everyone is a good fit for bankruptcy, and people are shocked whenI tell them that I turn away 60% of my clients.  Some people need some guidance, others should investigate other options rather than going into bankruptcy.  My job is to help people, not to force a square peg into a round hole.

Finally, I take a holistic approach to bankruptcy and consumer protection.  The end of the case is the beginning of the relationship between the client and my office.  My work includes helping to restorecredit, build credit scores, and provide long-term budgeting advice. A client is not successful until they are financial stable, and it’s my job to help attain that goal.

My practice began as solely consumer bankruptcy, and has evolved to encompass all facets of consumer protection law.  In the future, that evolution will surely continue as the laws change to meet the growing needs of the consumer.

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.  That’s why I have taken up the torch and created the Blizzard System of marketing, as well as my blog at www.BKPracticePro.com

Learning the law – any field of the law at all – is not rocket science.  It requires careful and thoughtful study, a willingness to seek out and follow mentors, and to continue the process of learning through your entire life. Always remember who your client is, and what keeps them awake at night.  Your service must address those fears and anxieties, and offer solutions that fit those needs.  If you do that, you will succeed.

But if you insist on imposing your solutions in spite of the client’s true needs and wants then you will end up frustrated and a failure.

Related posts:

1. Guest Post, New York Bankruptcy Lawyer Jay Fleischman
2. Another Useful Solo Blog
3. Some Conference Recommendations: NACBA, New York City Bar

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.

Related posts:

1. Inspiration for Lawyers From A Boy Who Built A Windmill
2. A Plug for Small Firms for Big Clients
3. Show Don’t Tell Your Expertise

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.

Related posts:

1. He’s Changed the Way Law Is Practiced
2. GAL – I Knew Him When….And So Did Many Others
3. New Business for Women and Minority Owned Solos & Small Firms

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.

Related posts:

1. Steve Jobs Advice Works for Solos Too
2. Most Attorneys Would Not Go Solo – A Survey I Don’t Believe
3. The Solo Bandwagon Marches On…