09.25.07
Whatever happened to honesty?
I was talking to the boss the other day, and came to learn something very interesting. The associate I replaced had left for greener pastures. By greener pastures, of course I mean that the associate got offered a job at another firm, a couple of counties away, making significantly more money then here.
The Boss wasn’t going to be able to match the new salary, so he congratulated the associate on the new position and hired me as a replacement.
Well, it was recently discovered that the associate wasn’t heading to the greener pastures he claimed. Instead, he opened up his own practice, not a few counties away, but a few blocks away. This was discovered when one of our clients changed representation to the old associate.
Now the boss isn’t upset that we lost the client. The boss isn’t upset that an associate would leave this practice to open up their own. The only thing the boss was upset about was the lie.
Now I understand the whole “last minute notice” that some attorneys give. I realize that there are firms where, once you give them notice, they say that you can just pack your bags and go that day, instead of the two weeks you gave them. What I don’t understand is the lie. Why say you’re going to do X when you’re really going to do Y? There’s no need. Plus, when you’re really opening your own practice up down the street, your old boss will find out.
What amazes me is how this associate kicked himself in the own ass by doing this. The boss would’ve been willing to send him referrals, possibly let him continue working on some cases as co-counsel or sent him cases outright (with the client’s permission of course), or provided him with some appearance work to help supplement his initial income. Of course, none of these things are going to happen if the boss doesn’t know this is possible. After all, you’re not going to send appearance work to someone in another county, when you know people in your county who can do it.
So by lying about where he was going, the old associate cost himself some business and income when he’s just starting out as a solo, as well as some goodwill and reputation with his old firm. Why? I have no idea.
This is something that I won’t do when I’m eventually ready to set up shop. Why should I lie about my intentions? There’s really no good reason to do so. Even if you think of a good reason, realize that in the practice of law, the truth will come out eventually. Even in a large legal pond (i.e., lots and lots of lawyers), it still ends up being a relatively small community. Plus, depending on the situation you are leaving, if the firm is congenial and supportive of you opening your own practice, you may get some help, in the form of old equipment/furniture/books, forms or just some good old-fashioned advice.
Besides, the perfect practice begins with the perfect transition, and a transition based on lies is not a perfect one.
09.20.07
Meaning…
The perfect practice should mean something. What I mean is this: what you do as a lawyer should mean something. Now this varies from person to person — not everyone feels that you need to champion some cause or work for the greater good of humanity with every breath — but it should mean something to you.
I bring this up because it’s a problem I’ve been having at my job recently. As I handled what seemed like my bazzillionith commercial landlord-tenant case, where the goal was simply to stall and let the tenant (our client) stay as long as possible, I realized how little I cared for what I was doing. Sure, it’s important to our clients — the longer they get to stay somewhere, the longer they stay in business (for some clients, like some restaurants we work for, leaving a location is basically the death of the business). It’s not important to me however. I feel like I’m not really doing anything but pushing some papers around and asking for adjournments. Not a great feeling.
So what do I consider important? I’m not totally sure. I’ve yet to find that area of civil law where I can honestly say that I’m doing something important. When I was working in a prosecutor’s office, it was easy to find that. So what am I destined for? Maybe a job with Child Protective Services? Maybe guardian ad litem work for children? Who knows. Maybe I’ll find it in PI work. Whatever it may be, it needs to be important.
08.30.07
Niche-ism
The firm I’m currently working at is a litigation based general practice firm. Basically, if it’s litigation, we take it (along with the rare transactional matter for our long-term clients). This is a great thing for me — I’m getting exposure to a number of different areas of litigation practice. Of course, this philosophy of taking it all has me thinking about the future launch of my own practice.
When you open up your own small firm, you have to ask yourself — do I want to be a generalist or a niche-ist? That’s right — niche-ist, not specialist (I steer clear of the term specialist because a number of states are considering having “specialist” certifications for different practice areas, a philospohy I’m opposed to for a number of reasons I’ll discuss at a later time).
The answer to that question really comes down to several different factors. First, you have your desired practice areas. You may only want to do estate planning, or criminal defense work, or you may want to practice in a large number of areas.
Second, you have your target location. This can be very important. If you’re planning on running your practice in a small town/isolated community, you’ll probably have to be a generalist — there likely won’t be enough business in a particular practice area to support you. Of course, if you have a working spouse and only want to practice a little on the side while raising kids (or some other situation akin to this), you can probably then get by limiting your practice areas. If you plan on practicing in a large metropolis, then you’re probably better off finding a niche.
Third, you need to consider your future clientele. Who do you want to serve? If you want to serve Fortune 500 companies, you need to figure out what they’re looking for in outside counsel. Are they looking for someone who has a niche practice in commercial litgation, or someone with a practice that does criminal defense, personal injury, commercial litigation, estate planning and elder law, among other things? If you want to serve the poor/underprivileged/disenfranchised, look at the practice areas they’re most likely to need representation in. Large scale commercial litigation, insurance defense and intellectual property law are probably not their biggest concerns.
Of course, what it really comes down to is which of these factors is most important to you. Perhaps you really want to do estate planning — you’ll fnd a location that makes it work and an appropriate target market. You’re from a small town and really want to spend the rest of your life there? You’ll open a practice that provides a broad enough range of legal services to support yourself. You don’t care about money — you’re still that bright-eyed, bushy-tailed idealist out of law school? You’ll open a practice to serve the people you want to help.
The important thing is figuring out which of these factors is most important to you, and defining your ideal practice in such a way that it address all three factors.
08.21.07
The Third Gen
I’ve labeled myself a Third Gen Lawyer. Some of you might think that means I’m the third lawyer in a row to come out of my family. Not quite. I feel there are three generations of lawyers, similar to the way Chuck Newton talks about three waves of lawyers.
In my view, the three generations of lawyers are:
First Gen: Pre-billable hour attorneys. These “back-in-the-day” attorneys practiced the profession of law with a focus on the client and the matter at hand.
Second Gen: The billable hour attorneys. These attorneys have become slaves to the clock, six minutes at a time. The focus has gone from the client to the client’s bank account.
Third Gen: These are the attorneys who have turned their back on that overbearing master, Mr. Clock. These attorneys have turned their focus back to the client, back to the matter at hand, and away from the idea of simply billing as much as possible as often as possible.
I’m proud to call myself a Third Gen Lawyer. Are you?
08.20.07
Not a Solo, but a Small Firm
For a couple of years now, I have read the blogs of many solo practitioners. Some provide advice, others inspiration, some both. One of my favorite blogs, which falls into the last category, is The Greatest American Lawyer. On occasion, I like to go “archive diving” and read posts from the beginning of the blog.
(Note: this leads me to an interesting discovery — many blogs have links to the pages of previous months, but the links stop well before the blog’s beginning; in this case, the links go to October 2006, then I have to keep selecting previous month back to December 2004; this bothers me mainly on new blogs I find, where I like to look at the early posts, but it’s a pain in the ass to find them)
When I was looking back, I read GAL’s second post, entitled “Don’t call me a solo“. He follows this up with a later discussion of a post at My Shingle discussing the term “independent practitioner”.
I like the term independent practitioner. It denotes the essence of solo practice — the ability to practice law how you wish, independent of the judgment of others.
My feeling however, is that solo (or independent) attorneys are missing out on something when they are labeling themselves. When I open my practice, whether it is as a solo or a “true” solo (i.e., no support staff — just me, myself and I), I will be an attorney running a small firm. A firm can be defined as an association for carrying on business (scroll down to second group of definitions). In reality, a law firm is a business structure created for the purpose of providing legal services. Whether a firm is 1 attorney or 1000, it is still a business created for the purpose of providing legal services (let’s forgo the debate about what the real purpose of a mega-firm is).
So will I be a solo attorney? Sure. Will I be an independent practioner? Yes. To the limit I am not dependent on the courts/legislature/clients/bar/dealings with opposing counsel. Will I be part of a small firm? Definately.
08.17.07
My Philosophy
So what do I think would make a perfect practice? Well, there are a number of factors.
First, technology. I want to utilize technology as fully and efficiently as possible, in order to streamline business and legal processes. In a perfect practice, business processes would be streamlined to the point that they require de minimus time and could be resolved with a few keystrokes. Legal processes would also be streamlined, so time could be sent resolving client concerns.
This of course, leads into the second factor: clients. A perfect practice acknowledges a simple truth — we, as lawyers, exist to help clients. My perfect practice will be client driven and results oriented. While I do believe that the practice of law is a business as well as a profession, I also believe that when diligent, professional and quality service is provided to clients, money will follow. The primary drive of the practice should be to provide the proper service to clients.
The concept of money and clients leads to the third factor: alternative billing. The perfect practice uses the perfect billing method. I’m planning on using some form of value billing, though I’m still working out the details. This of course ties back into streamlined processes — value billing requires less paperwork than something like hourly billing.
There will be more components to this philosophy, which will be dissected and discussed further in the future.