A pervasive theme in the blawgosphere is that solo practice is the answer to so many of the ailments of the legal profession. Indeed, there are a number of blawgs dedicated exclusively to this theme, promoting the virtues of solo practice as the cure for the malaise of employment.
In criminal defense, most practitioners are solo, or at worst small firm (meaning less than 5, as opposed to the New York “boutique” definition of under 100 lawyers). For us, the solo versus firm differential has little meaning, as there are few law firms of any size that are dedicated to the practice of criminal defense. There is Morvillo Abramowitz, the closest thing I know to a white shoe firm doing criminal defense, but they are an anomaly. And look what happened to Martha Stewart. I could have lost her case for a fraction of the cost (but I wouldn’t have).
The reason why solos prevail in criminal defense is that our clients seek the representation of a particular lawyer, not a firm. While some white collar defendants, whose thought processes are impaired by their overwhelming fear and limited comprehension, think that representation by amorphous big firm lawyers somehow provides them the “resources” that are worth the price, they invariably come to realize (usually right after the sentence) the error of their ways. Oops. Too late.
So the praise of solos is generally directed to civil practice, since there’s no need to argue the point to criminal defense lawyers. While the issues confronting the solo civil practitioner may well be different from us, I have often wondered whether we share a few of the same concerns. Upon reading some recent commentary, I believe we do, and in the spirit of helping those of our civil brethren from being swept into civil practice without their eyes fully open, it seems appropriate to share a few of my experiences in a solo and small firm practice.
The ringing telephone is the most important thing in your world. Unlike the big firm, where the issue of your next case is spread across a few hundred “rainmakers” and assured by a client roster of major corporations who are always engaged in one controversy or another, there is no endless stream of clients demanding the right to give your firm money. Do not be fooled by lawyers proclaiming how their marketing produces an endless stream of revenue. If they are that busy, then they have neither the time nor need to sell themselves to you.
Then there are costs. Lots of costs. From rent to library to FICA, there are costs that you, new solo guy, must pay. When fixing fees, don’t make the mistake of thinking that the money goes straight to the Ferrari dealer. Do you have a clue what group health costs?
And it’s not someone else’s problem to tell you of all the obligations that come with being a solo. Fail to pay your quarterly withholding and you’ll find out. Somebody has to look at all the bills, make sure they are right, call every customer service representative in the world and become an expert at dealing with voice cues. Do you think your receptionist is going to run your business for you? Oh yeah, she has to get paid too. And she didn’t come in today because her kid is sick. And the phones are ringing and nobody is picking up. And when she is in the office, and does pick up, and you overhear her tell someone, “No, I don’t think he does that type of case,” all the blood rushes to your head.
As a young lawyer with a small firm (I had a 2-3 lawyer firm in those early days), there was little issue in mustering the effort to go out and drum up business. We went out at night to socialize, occasionally in unsavory places (the Willie Sutton rule), and establish personal relationships with the people who would likely need our services. But that was before children (BC).
As the confluence of kids, exhaustion and a reduced tolerance for alcohol kicked in, the desire to go out and meet people waned. After all, one of the primary purposes of being a solo is take back control over your life, and for me that meant having dinner with my family.
As a slightly older lawyer now, I live off the fruits of my earlier efforts. In other words, the hard work that I put in representing defendants established my reputation as a lawyer, and clients seek me out to represent them. But at the same time, there are always younger lawyers trying to poach those clients, and in a declining environment of clients who have the ability to retain counsel, these younger lawyers who are undercutting my price can have an impact. Sure, they are incapable of delivering the quality of representation that I can, but many clients don’t realize this until it’s too late.
Ironically, I hear constantly from these younger lawyers about their struggle to get clients, and get paid, and get paid a decent price. They want me to refer work to them, while they are busy convincing clients that they can win their case for a legal fee of $12.73. Sure, many are pretenders, neither capable nor desirous of providing quality legal representation. That’s $12.73 flushed down the toilet. But some are merely desperate for business. No one told them that there’s no guarantee when you hang out your shingle that the phone will ring. That’s why I’m saying it here.
The solo solution promoters tell us that clients are out there, just waiting for you to establish a website and blog so they know you’re there. In support, they offer vague proof of some lawyer practicing some place that you’re not whose phone is ringing off the hook with great cases coming every day. This may be 100% accurate. But does that mean it happens for everyone? Does that mean it will happen for you, if you only take the 3 steps necessary to successful solo practice? I doubt it.
I know a few blawgers who are civil solo practitioners. They get some work because of their blawgs, but not enough to survive without supplementing it significantly with nights out and a variety of self-promotional efforts. No one I know (granted, that’s limited to my small circle) is making a killing this way. And some are struggling. Some exceptionally good lawyers are struggling. In my experience, there is no correlation (not little, but none) between lawyer competency and business success.
Clients are usually clueless as to who are the good lawyers and who aren’t. They are not equipped to distinguish one from the other, despite what anyone says. Clients only know outcomes. Win and you’re good. Lose and you’re a nice guy, but a loser. No one wants a loser.
So every solo, whether they are honest enough to admit it or prefer to hide behind a facade of self-promotional bravado, listens for that phone to ring. Instead of being a slave to the senior partner, you’re a slave to the telephone company. And every time that phone rings, you pray that it’s a new client with a terrific case who can afford a lawyer. That’s what solos do. Don’t say I didn’t warn you.
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Scott, many things you have said are quite true, the most important being’ nothing matters if you don’t have clients.’ But it is such much more than that. There is a whole psychology behind opening your own pratice. Many will have to rewrite the scrip they have been following when they first contemplated law school.
Most of those who claim an easy 1-2-3 solution to getting clients are deliberately fraudulent or simply ignorant in their representations.
Anyone who says you don’t have to pay your dues when becoming an entrepreneur is telling you what you want to hear. You are building a business, wearing multiple hats and a person who wishes to go solo must understand all that it entails to make their profession and their life successful.
Yes, to a degree, the ‘glory’ days are gone but mostly because of the changes in the economy, global competition, nearly 44,000 lawyers entering the field each year, so the business model and the expectations have to change. The business model is the easy part. It is the expectations which are the hardest.
But the challenges in 2008 are no different then the challenges any other time. It’s all about adaptation. And those who can adapt are the ones who survive.
It’s trading one set of problems for a different set of problems. The grass isn’t any greener, it’s just grass.
Adaption isn’t survival. Business is survival. The best adapted solo in the world, without clients, will die a painful business death. Business means survival. That, by the way, is a whole ‘nother discussion.
The first thing to remember when starting your own business is that whatever you do—law, software, photography–there’s a world of difference between being good at it and being good at running a business that sells it.
If that’s a little depressing, the second thing to remember is that no one who starts their own business, whether it succeeds or burns to the ground, is ever sorry they tried.
Touche.
There is so much fear today surrounding the idea of being an entrepreneur in the legal profession. Nothing is ever easy. But why is it all of sudden much harder then it ever was? It’s not. It’s different and contrary to what you said, Scott, it is adapting your methods to the changing times. Good business sense, good marketing skills and excellent client service and integrity are always critical to success (and good lawyering). How it is accomplished is what requires adaptation.
Are there patterns you notice among successful criminal defense solo practices? Unsuccessful practices?
Hey, OS. Good to hear from you.
There are two patterns that I have seen that have proven successful in criminal defense practices.
1. Bulk Practice: Storefront lawyers who take any case that walks in the door for whatever money they have in their pocket, handling daily calendars of 100 cases, most of which make a few appearances until some more money can be collected and then a quick and dirty plea. Preferred by clients who want a “private” lawyer but don’t want to pay much. These are the practices for whom advertising and self-promotion work best, since they are indiscriminate and seek only volume.
2. Quality Practice: High quality, low quantity, where the lawyer is, usually as a matter blind luck, able to tap into a source of recognition, whether a referral source or via media attention. There’s no way to attain this type of practice; it either happens or it doesn’t.
There is a third practice, successful but not as much as the above, with quality lawyer who simply aren’t able to tap into a steady and viable stream of business but, because of their strong abilities, cobble together a practice through occasional referrals and general networking. It is a maintable practice, but doesn’t generate big money.
And there are naturally plenty of variations on these themes, which only address financial success, not personal and professional success as measured by other criteria.
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