My Shingle

Lessons from Crowdsourced Advice for a Struggling Solo

Carolyn Elefant — Mon, 26 Sep 2011 13:02:11 +0000

Ten days ago, in an effort to reply quickly to a struggling solo who’d contacted me for advice, I reached out to readers to crowdsource a response. The post touched off 40 comments, some offering sound advice to a solo in these circumstances, others not so much. The comments also spawned several sub-discussions on what’s ethical in marketing a law practice and the credibility- gap created by anonymous comments. This follow up post addresses all of these points.

First and most importantly, as you consider any of the crowdsourced advice, bear in mind that it is not well suited for an attorney looking for long-term sustainability. In the long run, stable law practices are grounded on exceptional work, an established reputation and high ethical standards – which is why most experienced solos don’t have a need to advertise at all, but instead generate their business largely from referrals, word of mouth and strength of reputation. However, in this case, the solo who contacted me hadn’t reached this point. Instead, the solo was struggling (and many are, despite the happy talk you see on all the blogs) and desperate for ways to jump-start a practice; to bring money in the door as quickly as possible to survive in the short-term. Though lawyers should consider the big picture as they build a practice, short-term concerns are important as well. In situations where cash-flow is tight, solos are most vulnerable to “borrowing” (well, stealing) money from client trust accounts, accepting cases from unsavory clients at low rates or pressure to sign up for exorbitantly-priced coaching, SEO or online-marketing services that will drive a solo further into debt.

For the short-term, nothing is better or faster than simply getting out to meet people as several commenters recommended. Though facetime with others is difficult when you feel desperate, you get the benefit of immediate gratification (the person will tell you whether there’s work or not). Plus, in some cases, you may be lucky enough to connect with someone who has a matter sitting on their desk.

In the short term, I personally like the wacky or stand out suggestions. OK, maybe not a National Punch Day if you think that’s cheesy (I’m not a fan of the “free divorces” that some family law attorneys offer on Valentine’s Day) – but you could sponsor a charitable or educational event like a free business seminar on incorporating a business for senior citizens or veterans or some other specific unique demographic. Or you could ask your local coffee shop if you could host an “ask the lawyer” hour where you buy coffee and entertain questions.

Given that this struggling solo had trouble closing the deal, she might take up one of the suggestions about learning how to talk about money so as to be able to quote a firm fee without waivering. Likewise, because this solo wanted to step up referrals, she might take the advice of another commenter and read up on how to improve networking skills, and also follow up rigorously with thank you. Identifying sources of steady revenue like court appointed or collections works fine provided that you can have the proper training and can handle the number of cases that come your way (and if you can’t, you decline them). Also, low-paying, steady revenue, while acceptable for starting out and making it through a lean period, is not appropriate for the long term.

Of course, even in the short term, it’s impossible to implement these suggestions across the board to all four areas in which the struggling solo practices: real estate, divorce, litigation and bankruptcy. Here, I’d suggest focusing on the two strongest practice areas at least for the short term, and putting lower-performers on the back burner. The struggling solo could also refer out those cases where she’s not generating a lot of work, because she’s likely to find that those to whom she refers cases will return the favor. Focusing on a more limited number of practice areas allows a solo to really master those skills and be regarded as more of an expert – which will increase referrals as well.

As for the other advice that caused controversy – such as a suggestion of adding on a popular practice area (like foreclosure) by copying from forms, or accepting unfavorable plea offers in criminal matters or hiring coaches or professional SEO services – I don’t like these ideas. At all. Taking cases that you’re not competent to handle isn’t ethical, and hurts clients. Accepting those cases in high volumes will simply compound the problems even further.

As for paid-SEO, it’s a much more complex issue because it’s not unethical. However, there are practical considerations. There are lawyers, such Damon Chetson, whom I wrote about here who have built a reasonable practice in part, by leveraging SEO (though Damon’s was mostly DIY). I feel that the SEO option deserves mention because it has helped some solos, however, I hesitate to mention it because SEO IS NOT a panacea for lack of skills, a poor, content-less website or a volume-based business model mentality.

What’s the problem with SEO? First, if you outsource SEO, it will come back to bite you. Outsourcing marketing = outsourcing ethics, to quote Eric Turkewitz. Repeat this mantra to yourself each day. SEO “professionals” will comment on your behalf at other blogs or pay for links and potentially penalize you in Google’s site. Second, you may also spend thousands of dollars on SEO without any results. First, if you practice in a saturated market, you’re still competing with dozens of other sites. Second, even if you bring traffic to your site, you may not convert any of the visitors into clients if you don’t have any content to offer. Third, many prospective clients who turn to the Internet to look for clients have been turned down by other lawyers because they couldn’t pay or had unreasonable expectations. SEO may attract more clients to your site, but it may also attract clients you don’t want – so you’ll spend additional resources screening out the duds or dispensing free advice. Fourth, SEO, like online directories or advertising is passive. You sit back and wait for the phone to ring and take whatever comes your way. A successful law practice, however, requires that a lawyer be proactive.

Still, there are prospective clients with legitimate claims who search the internet for helpful information. If you provide good substance through blogs or other online publications, that can help attract a more educated breed of clients. But you need to provide this substance yourself, in your voice free of ghostwriters and copy editors. Plus, if you post about topics like what makes a strong case, you may weed out those clients who don’t match the criteria.

Finally, regarding the anonymous comments, frankly, it’s an issue that I’ve never confronted because I don’t receive all that many comments, least of all anonymous ones. So while I agree that it’s cowardly to post anonymously (I’d never do it myself) I’ve never thought to ban anonymous comments from my site since I’ve always assumed that like me, readers will generally give less credence to anonymous posters. (See Mark Bennett‘s analysis of why anonymous comments carry less weight under Aristotle’s conception of persuasion). That the most controversial commenter failed to attach a name to his/her comments suggests that s/he was ashamed to admit using the techniques espoused — and to me, that alone is reason enough to reject them.

Crowdsourcing Advice for a Struggling Solo

Carolyn Elefant — Fri, 16 Sep 2011 12:19:38 +0000

[Update 9/23--Readers - thank you for your response. We've collected an enormous amount of information, some very helpful, some of it obvious and some of it (diving in full force to cases by copying pleadings stood out to me as inadvisable and potential career killer but there are others). I've got to read through everything myself and post my thoughts sometime next week]

To read the blogs on solo practice or to see the joyful utterances emanating on Twitter (just signed up five clients!!! Best. day. ever!) you’d think that every solo in the world was running a bustling and lucrative practice. But as we all know, that’s not the case — it’s just that no one ever wants to admit that keeping a law firm operational, after the heady excitement of the early days is really hard. So even though there are more resources than ever for solos seeking help — listservs, blogs and educational communities, at the same time, it’s also harder to ask for help because the constant stream of online success stories can make even the hardiest among us — myself included — feel like an utter failure.

Thus, I was gratified when one MyShingle reader reached out to me seeking advice. But this time, instead of just offering my own response, I’d like to give my reader the benefit of your advice. So take a look at the letter below, and share your thoughts in the comments section, or write your own blog post and I’ll link to that as well.

Here’s the email which has been sanitized to remove identifying details:

I am a solo with a practice in a large East Coast city. I handle real estate transactions, bankruptcy, divorce and general litigation. I started my solo practice three years ago, following several years of employment at a smaller firm. Initially, I was able to sustain a practice through referrals – although even then it was a struggle. But lately, I find that people don’t want to pay for legal services. I do an initial consult, but then the potential client will haggle over the price. In addition, the referrals come in spurts and I would like to find a way to produce a steady revenue stream.

I am updating the firm resume, adding a Facebook page, joining Linked In and I have started sending email updates to colleagues. But I would like ideas to jump start my practice – to start bringing in work right away while developing a reliable stream of revenue for the future.

So readers, the floor is yours. What’s your advice for jump starting a solo practice? I know that there’s not a lot of detail here, but work with what you have. What should – and shouldn’t this struggling solo do to succeed in both the short and long term.

Update 9/23] Readers – thank you for your response. We’ve collected an enormous amount of information, some very helpful, some of it obvious and some of it (diving in full force to cases by copying pleadings stood out to me as inadvisable and potential career killer but there are others). I’ve got to read through everything myself and post my thoughts sometime next week]

Some Open Questions for Flat Fee Aficionados and Ethics Gurus

Carolyn Elefant — Mon, 09 May 2011 13:59:25 +0000

Over the past few years, I’ve transitioned my practice from the billable hour to flat fees. For me, the flat fee works because most of the matters that I handle are, if not entirely predictable, then easily divided into discrete segments, each of which can each be assigned a set price. Though I can’t tell you exactly how I price each matter, my firm turns a profit and I’ve never had a client complain – so I assume that I’m doing something right.

Still, I’d like to be able to provide newer lawyers with better guidance on setting flat fees than simply saying “I just know how much it should cost.” Moreover, even with my generally positive experience with flat fees, there are still some quirks that befuddle me, which I have yet to see flat fee aficionados address. And so here are some of my open questions about flat fees – both to those who love them and to ethics gurus who can offer guidance on them. Feel free to address these hypothetical questions in the comment section, or in a separate post at your blog; I’m happy to link to it.

HYPO #1: I practice in a jurisdiction that does not allow me to treat flat fees as earned on receipt. Instead, I am required to deposit a flat fee paid in advance into my trust account, and disburse the proceeds as they are earned. I handle [criminal law/family law/fill-in-the-blank cases] and I want to charge a flat fee for the entire matter, whether it goes to trial or not. What kind of language can I include in my retainer agreement that will allow me to keep the full fee if the case does not go to trial (and arguably, at least some of the fee is “unearned”)? [I have some thoughts here, but I'd like to hear from you experts]

HYPO #2: I handle cases under fee-shifting statutes, which means that if I win, I can recover my clients’ attorneys’ fees. To document my fee request, the court requires me to submit detailed, hourly time sheets – but I charge flat fees for these matters. What do I do to recover attorneys’ fees?

HYPO #3: I represent municipalities, state agencies or insurers which require hourly billing. Any thoughts on how I might make the case for flat fees for these types of clients?

HYPO #4: I charge flat fees to my clients, but I don’t have any associates. So if I get busy, I outsource to contract lawyers – who typically charge by the hour – and may run over budget or not complete the work that I need within the number of hours I’ve requested. How can I align fixed flat fees that I charge clients with contract lawyers’ hourly billing practices?

HYPO #5: A client filed a grievance against me, and is claiming that my $15,000 flat fee to defend a small business owner against a lawsuit by a former employee was unreasonable when I managed to resolve the case with a letter and a couple of phone calls. How do I defend myself before the disciplinary committee? Should I voluntarily offer a partial refund?

Just to make things interesting, I’ll give a shout out in my blog and send a small gift for the best responses (either posted in the comments below or at your own post).

Where Have All the Lawyers Gone?

Carolyn Elefant — Tue, 12 Apr 2011 12:02:46 +0000

Perhaps the most surprising piece news from last night’s Ignite Law was Jay Shepherd’s announcement that he’s shutting down his firm to focus full time on his business, Prefix LLC which teaches lawyers how to price knowledge. The next day, another colleague revealed that he too will leave his practice to focus on another venture – and of course, Matt Homann, who organized Ignite is a recovered lawyer as well as is Kevin O’Keefe who runs LexBlog.

This isn’t a post about whether those who leave the law are better or worse than those who remain. Instead, more generally, I wonder about the implications of the loss of energy and talent and teachers from our profession. Knowledge once imparted through the ages as mentorship has now been product-ized and commoditized. Yet at the same time, informal mentorship can’t keep pace with rapid changes in the profession, or offer the same level of advice – nor can mentors develop products and new technologies that help solo and small firms advance. Perhaps in fact, the whole concept of mentorship doesn’t even make sense in an age of new ideas where lawyers may be better off buying the advice that they need instead of relying on tips from colleagues. Selling mentorship makes our profession a far less collegial and generous place – but perhaps it’s more effective and efficient.

This post, of course, is somewhat self-indulgent. Though there may be broader implications to lawyers leaving the law, the trend affects me personally. Seeing others doing similar things to what I do at my blog and then moving on to do more of it makes me feel a little bit left behind. Moreover, I wonder if these folks know something that I don’t about the importance of focusing on one thing at a time. After all, I’m not sure how I can continue to lead a divided life between practicing law and writing and speaking about it. And yet, it’s too hard to choose.

What do you think? Would you leave the practice of law for a law-related business? What would it take to make you go?

Solos Know Strategies Associates Need To Learn

Carolyn Elefant — Fri, 14 May 2010 14:33:53 +0000

(Note: originally published at Complete Lawyer, November 2008 )

If you’ve just read this article’s title, you’re probably racking your brain trying to figure out what the heck a lowly solo practitioner like me can teach you about succeeding as a law firm associate.

You probably think that solos simply churn out form documents for simpleton clients who need help with run-of-the-mill problems like estate planning, divorce or landlord tenant matters, while law firm associates grapple with earth-shattering matters, sophisticated business clients and demanding law firm partners. And for goodness sakes, you’re billed out at an hourly rate that matches or exceeds what most solos charge. So what secrets of success can you possibly learn from us?

Plenty. But before we get started, you’ll have to dispel your negative impression of solo practitioners. First, though you may not realize it, many solos handle complicated, traditionally “biglaw matters” such as tax, corporate transactional work, regulatory and complex litigation. Even solos with consumer-oriented specialties like criminal law, consumer credit, bankruptcy or family law regularly encounter constitutional issues or dissect tricky federal and state statutes. And while solos may charge less than a biglaw associate, because of lean staffing and low overhead, they also pocket a larger percentage (as much as 80%) of that $300/hr billable than you do.
Solos also oversee office administration, manage employees or virtual staff, and constantly market their practice. Once you begin to view solos not as loser-lawyers who couldn’t cut it in biglaw practice but as a blend of independent lawyer, team manager and entrepreneur, you’ll appreciate how solos’ secrets of success can help you succeed as well.

Own It!
The first secret of solos’ success is that we recognize that we don’t merely work at our firm; we own it. Every action that we take—or don’t take—directly impacts our own bottom line. Early on, we learn to assume full responsibility for our caseload, our clients and our destiny, which means that we’re well acquainted with the mindshift that ownership brings. If you own your own home, for example, you invest more in its upkeep than you did in the apartment that you rented during law school.

Granted, as an associate, you don’t own your law firm or the clients whose matters you handle. Nevertheless, to succeed you need to act as if you do. Ask yourself a question: if you did own your own firm, would you send out a poorly proofed or ill-formatted document to a client because it was only a draft? Of course not, because you’d realize that it would reflect badly on your firm. If you wouldn’t accept substandard work, neither will your current superiors. Act as if you own the place, and perhaps some day you will.

Get What You Need No Matter What

We solos have no one to rely on but ourselves. We must exercise our professional, independent judgment to determine what we need to effectively and zealously represent our clients—and stop at nothing to get it. That may mean asking a series of seemingly stupid questions to a colleague; hiring a more experienced lawyer to help out on a case; demanding, repeatedly, that a balky client tell the truth about an incident so that we can evaluate her case and establish a suitable strategy; or standing firm before an insulting, nasty judge to make sure that we properly preserve an objection for appeal.

As an associate, you also must figure out what you need for a case and get it at any cost. If you believe that you can’t meaningfully research whether your client’s contract was supported by legally sufficient consideration without reviewing the contract itself, then you must insist on getting a copy. There’s no sense in sabotaging yourself and producing less than your best work because you didn’t seek out the resources that were necessary to succeed.

Build Relationships, Not Contact Lists

My mailing list of contacts comprises an important part of my marketing efforts. I can blast contacts with a press release about a recent victory or forward a link to a recent blog post. But while contact lists keep me loosely connected with a large group of existing clients and remote prospects, the bulk of my business comes through referrals from close working relationships that I’ve cultivated over time. For example, since 2002, when I began blogging, I’ve been building relationships with the pioneering community of bloggers and they, in turn, have put me in touch with sources of business. I’ve formed alignments with other solo energy lawyers here in the D.C. area; we’ll often refer cases back and forth and team up on matters. Thanks to blogs and listserves, I’ve developed lasting friendships with several accomplished female solo lawyers who inspire me with the ways that they balance family, law practice and thriving entrepreneurial careers.

Conventional wisdom suggests that you work with many different lawyers at your firm, and you may well feel that simply knowing more people will enhance your job security. Though there’s nothing wrong with reaching out to many people, it pays to build trusted relationships with a select few partners and associates with whom you share common goals and values. They’re the people who will go to bat for you and will continue to root for you even if you eventually leave the firm.

Find Different Ways To Skin A Cat

Like Jack who jumped over the candlestick, we solos are nimble and quick. The legal and economic landscape changes constantly, sometimes diminishing our fortunes (think real estate lawyers in recession), but always presenting new opportunities (think bankruptcy lawyers in recessionary times). The most successful solos monitor these trends, ever poised to find ways to capitalize on potentially lucrative areas.

Likewise, when we realize that one business model is broken, we tweak it to find success. I realized, for example, that many of the nascent marine renewable energy companies that I represented for bargain rates in their early stages would ultimately trade me in for a biglaw model once the first round of venture capital came through the door. Rather than try to cut my rates further, I founded a trade association with a colleague to represent the interests of the industry in lobbying and policy matters rather than helping an individual company.

As an associate, particularly a young associate, you may find yourself squeezed out of “sexy” practice niches or interesting opportunities. However, the possibilities remain endless. Instead of fighting with others for a middling position on a project, why not scope out your own business opportunity and start blogging about it? Or better yet, ask to interview firm clients for your blogs which will give you first hand access. Or you might organize a monthly networking event for young lawyers or women or lawyers of color who are interested in a particular practice area. By taking the lead, you become the go-to person instead of remaining the low man on the totem pole.

Don’t assume that you need to wait quietly in line for your chance to get the contact or experience that you crave. Instead, like us solos, search for opportunities and figure out shortcuts or alternative approaches to capture them.

Learn In The Most Unusual Places

Most solos are sponges, soaking up lessons on client service and marketing wherever we can. Every time I thumb through the ads in a magazine or observe how a restaurant waiter deals with an obnoxious patron, I ask myself whether I can apply any of those lessons to my own practice. Some of the most outrageously successful solos borrow their marketing and business ideas not from conventional lawyer-marketing gurus, but from copyrighters, advertisers and entrepreneurs who’ve found success in other venues.

As an associate, you should do the same. If you represent a successful businessman, pump him for information about his business, his goals and what keeps him up at night. The information will help you better serve him but will also give you insight into how you might advance your own career. Similarly, observe the charismatic partners at your firm closely whom you admire; emulate their mannerisms, dress and work habits.

Most of all, don’t reject advice out of hand. In most cases, even the worst suggestions generally obscure a worthwhile nugget if you’re willing to dig deep enough. That includes taking advice from well-meaning friends, a spouse, that old seemingly senile law partner emeritus who constantly reminisces about the good old days when law was a noble profession—and believe it or not, even from a lowly solo like me.

Sale of a Law Practice, Interview With Ed Poll & Lawyers at Midlife

Carolyn Elefant — Fri, 12 Mar 2010 13:00:00 +0000

Searching for fodder for blog posts, I came across this advertisement posted by a soon to be 70 year old retiring lawyer who is seeking buyers for his law practice located in Syracuse, in Hamilton County, Kansas. According to the ad there are only two other lawyers in the County, thus allowing for a County-wide practice. And with the firm located just sixteen miles from the Colorado border, with reciprocity between the two jurisdictions, expansion into a second state is a possibility as well. Finally, the firm uses practice management tools like Amicus, HotDocs and QuickBooks, which allows for automatic document production and scheduling and includes a database with a list of 4000 contacts.

Though a young lawyer taking over this practice might want to consider moving to a cloud based system which is the wave of the future, at least the attorney selling the practice has invested sufficiently in technology to enable a seamless transfer and provide a new owner with the means to hit the ground running. Often, when I travel on speaking engagements, I am struck by how many long practicing lawyers have not taken the time to invest in technology, and still run practices heavily dependent upon support staff and paper. When these lawyers retire, what will they have to pass on?

To find an answer, I spoke to the preeminent authority on selling a law practice – Ed Poll of LawBiz Management, publisher of the Law Biz Blog and author of many, many books on law practice, most recently, Growing Your Practice in Tough Times Ed graciously answered my questions on law firm succession, selling a practice, what lawyers can do to position themselves for retirement and how younger lawyers may be able to position themselves to take over retiring lawyers’ practices. Ed also has some of his own videos on this topic
here and here.

Finally, if you’re not yet ready for retirement and thinking about your future plans, check out Lawyers at Midlife by Michael Long, John Clyde and Pat Funk, published by DecisionBooks (which also published Solo by Choice). Lawyers at Midlife helps lawyers decide whether and when to retire, how to make the transition to the next stage and closing a practice. The book contains extensive practical advice interspersed with personal commentary by the authors and other lawyers.

MyShingle Question of the Week: Where Do You Do Your Meet, Eat & Greet?

Carolyn Elefant — Sun, 10 Jan 2010 13:51:15 +0000

I’m experimenting with a question of the week here at MyShingle – just a short question related to anything of interest to lawyers running a practice or thinking about it from law practice management or tech, recommendations on how to guides or CLE providers to thoughts on why you started a firm or who your ideal client is. I’ll come up with questions but more importantly, I welcome them from readers. Anyone who submits a comment will get a link in the post. So chime in! Here’s the first question: What’s your go to place to meet, eat & greet?

The arrival of January means that Restaurant Week — where restaurants offer a fixed rate menu of $20.10 for a three course lunch – is coming to many cities, including Washington D.C. and Baltimore, right here in my backyard. Though a $40 lunch for two can break the budget if you indulge on a regular basis, you might consider taking advantage of Restaurant Week to meet an important prospect or treat a colleague who’s referred cases who helped you throughout the year.

But the advent of Restaurant Week got me thinking more generally about where to meet colleagues or prospective clients. Social media notwithstanding, there’s nothing like face to face get togethers to cement a relationship. Though I’m not a fan of doing lunch regularly (because of the costs), sometimes a colleague will insist on it, or I’ll need to entertain a client (or prospect) who’s in town. But getting together for coffee or drinks is a less expensive approach for more casual meetings.

So here’s my question for you: where do you eat & meet colleagues and clients? What are some of your “go-to” places for (1) lunch and (2) coffee in your city and why? And what features do you consider key in selecting a place? And since we’re talking details, what about etiquette – who picks up the tab?

I’ll start the conversation. Here in D.C., I’m a fan of Old Ebitt Grill or Georgia Brown’s for fancier lunches with clients or biglaw attorneys. Old Ebitt is a bit cliche for DC, but the food is good and fairly varied, it’s comfortable and has plenty of history, having been around since the 1850′s. For coffee meetings, I have no aversion to Starbucks though it’s not very original. Unfortunately, many of the Starbucks in the vicinity of my office aren’t particularly nice looking or conducive to sitting so I’ve been scoping out alternatives. Truth be told, I love Busboys and Poets for coffee (as well as breakfast or lunch) quite a bit; unfortunately, its two locations aren’t always convenient.

As for the bill, I always pay – or at least try to – when I’ve issued the invite. Some of my older male colleagues at large firms insist on picking up the bill regardless, but I do my best to preempt. When newbie solos invite me out, I try to steer them towards coffee because it’s less expensive. I typically let them pay and consider it bad form when they don’t.

So – what do you think? Either post a response on your blog or join the conversation below.

Client Surveys: Sure They Help Lawyers, But Aren’t They a Pain in the Neck for Clients?

Carolyn Elefant — Sun, 03 Jan 2010 23:00:23 +0000

Client surveys and customer feedback are all the rage these days and law firms are jumping on board. In fact, Matt Homann of LexThink released a great client survey template that’s available at Lawyerist.

Like the experts, I’ve always believed, albeit somewhat reflexively, that client surveys improve the client experience. And I still do. But at what cost to the very clients we’re trying to help? That’s the question I’ve been asking myself since last week, when I finally lost patience with the constant inundation of surveys that consumers encounter on a near daily basis.

In my own case, my annoyance with surveys came to head on the final morning of a recent cruise that I took with my family. Trying to ready my family for our 7:30 am debarkation, I tripped over a customer survey that had been slipped under the door. Bleary eyed and pressed for time, a survey was the last thing I wanted to do that morning. And I certainly wasn’t going to save it for later and mix it up with all of the customs forms and passports that I needed for reentry.

The client survey form wasn’t mandatory, but even having to throw the darn thing away was another irritation that I just didn’t want to deal with. I’d just paid good money for the trip – so why should I have to give my time on top of my cash to help a for-profit company earn more money?

So, what’s in it for clients who complete a customer service survey? Shouldn’t we pay them for their time or otherwise send them a small reward (and no, a discount off their next visit or a t-shirt with the law firm logo doesn’t really count as a reward) for taking time out of their day to help us make our law firms better? We compensate management consultants, rather handsomely I might add, to review our law practices and offer advice on improvement. Then why don’t the same rules apply to those whose views matter most: our clients.

What are your opinions on client surveys? How can we get clients’ attention for surveys amidst all of the other feedback that consumers are asked to provide already? And are there better alternatives than a survey to ensuring that clients have an opportunity to tell us what they think?

A Happy Ending to the $50K Question, Should I Solo Now?

Carolyn Elefant — Mon, 05 Oct 2009 08:21:34 +0000

In May 2008, I discussed a tantalizing question posed by reader who at the time was employed in a federal clerkship, after having spent two years at biglaw. He asked do I go solo now and forfeit the $50,000 clerkship signing bonus from a large firm, or take the leap into solo practice immediately after the clerkship? Though $50,000 is a lot of money to turn down, this particular question wasn’t a tough call and I encouraged the reader to go for it. In this reader’s situation, he’d already spent two years at a large firm, plus another at a prestigious clerkship and still, he couldn’t shake the gnawing desire to start his own shop.

The story has a wonderful ending. Here’s an excerpt of a note that I received from Hamid Jabbar, owner and principal of Jabbar Legal:

Well, I am writing you to provide an update on what has happened. Indeed, I went for it! I have had my own solo practice up and running since the beginning of this year, with absolutely no regrets: . The first few months were difficult, but I started making money in month three and am doing quite well now. I’m so glad that I didn’t let the larger state of the economy prevent me from taking the leap (everyone thought I was crazy). I know now that if I can make it work in these trying times, I will be just fine…I couldn’t be a happier lawyer now.

Take a look at Hamid’s bio (which I wasn’t familiar with until now as he didn’t share many details when he wrote me) and you’ll see why big law just wasn’t big enough for someone like him.

Does every person who starts a practice experience success? Not at all. But how will you ever know if you’ll succeed or fail if you don’t give it a try? Hamid Jabbar forfeited $50,000 to take the leap to solo practice. You may not even need to risk as much.

Would You Hire An Unemployed Lawyer As A Volunteer?

Carolyn Elefant — Sun, 29 Mar 2009 22:32:19 +0000

From Newsday, I learned that the Nassau County Attorney’s office hopes help out in this economic downturn by opening its doors to bring on several volunteer lawyers who haven’t been able to find other employment. Positions range from working with the county’s Home Ownership Center to advise in mortgage default situations to defending the county in litigation and appellate matters. Already, an advertisement in the New York Law Journal has drawn 50 applicants, 80 percent of whom are currently unemployed.

I realize that on the surface, the prospect of free labor sounds eminently attractive. Indeed, for a few weeks now, I’ve been considering hiring volunteer lawyers to help out with my trade association but I’ve been too busy to organize the kind of structured program that would make their time worth my while. As for my own practice, again, I’d love to bring a volunteer on board, but for the bulk of my present work, the learning curve is just to steep to make this kind of arrangement feasible. I’d love to take on a few pro bono matters and supervise a volunteer, but finding the work also takes time.

In addition, I’m just not a fan of free labor. I’ve had one or two free volunteers at my practice over the past 15 years, but mostly, I’ve paid even though when I started out, it usually meant a $10/hr salary, with the intern or clerk receiving payment before I did. In at least one case, I found the free employee unreliable and not really very motivated, but because I wasn’t paying her, I didn’t feel that I could crack down on her as much as I would have if she’d been paid. And assuming that a diligent volunteer were working for me, I’d feel as if I were taking advantage even if I were teaching him or her the tricks of the trade.

I know that Seth Godin has a free internship program but that’s a little different. After all, I’m sure that most of us would make time to work free for a Supreme Court justice for a couple of months if given the chance. But I’m not so sure that the training and contacts that I – or most of my colleagues – could provide are a fair trade for three or six months of work that we might ultimately bill to paying clients (which is another issue – is it fair to hire a volunteer and collect cash for their work?)

So let me know what you think. If you’re unemployed or looking for a career transition, would you volunteer to work for a lawyer or non-profit and what would make it worth your while. And if you’re a solo, have you hired volunteer lawyers (students getting school credit don’t count) and how did it work out? Or would you use a volunteer at all and why or why not?