How to Be the Lawyer You Always Wanted to Be

Solo By Choice
By Carolyn Elefant, Esq.

Back when you were in law school, you had dreams. Maybe it was standing before a jury, passionately arguing on behalf of a desperate client … or winning an appeal that would link your name to a new legal precedent … or pulling off a dramatic 11th hour deal that would give your struggling technology client a life-saving infusion of capital. But what happened? Here it is two, five, eight, years out of law school – maybe more, maybe less – and most of those dreams are unrealized.

So, what are your options now? Well, you can stay put and, like so many other lawyers, rationalize that no job is perfect and that financial security trumps youthful aspirations. Or, if you’ve already been fired from one firm and can’t find work — or you haven’t been able to find a law firm job after graduating — you could leave the law altogether, always wondering whether you might have become the lawyer you envisioned as a first-year law student. Or you could take a third path. Realize that no matter what stage you’re at in your legal career, it’s not too late to follow your heart. Maybe starting a solo law practice is the path you were intended to take all along.

Five Reasons to Consider Hanging Your Shingle

You’ve always dreamed of starting a law firm – Without question, having the drive and desire to start a law firm will contribute to your potential success. But you can’t allow your enthusiasm to lead you to careless decisions or to underestimate the commitment needed to get started. I’ve known a few lawyers so keen on hanging a shingle that they’ve invested precious resources for posh office space, mahogany furniture, and expensive technology without really thinking about the cash flow needed to cover that kind of overhead. Other lawyers have been so blinded by the urge to help clients find justice, that they’re naively lured into representing every troubled, needy client with a sympathetic story and no cash on hand. Still others believe that by working conscientiously and acting honorably, cases will simply come, not realizing how much time they need to devote in those early years to marketing, making social contacts, and establishing a reputation to guarantee steady work over time.

Bottom line — Be careful that your judgment is not clouded by enthusiasm. It can lead to imprudent choices or poor timing in the opening of your new solo practice.

You work at a large firm (and are desperately unhappy) – More and more, dissatisfaction with large firm life is motivating unhappy associates to explore solo practice … or to leave the law entirely. But why should a bad experience drive you out of a profession you worked so hard to enter? After all, even if you hate certain aspects of BigLaw – like the tedious checking of briefs – these mundane tasks aren’t so bad when you’re doing it for yourself. At the same time, some of the issues driving you from large-firm practice don’t magically vanish when you open your own shop. Launching a law firm demands many non-billable hours networking at bar events, writing articles, or meeting with potential referrals … on top of whatever client commitments you have. No, you won’t have 60-hour weeks, but unless you’re planning a purely part-time practice (and a part-time salary), expect to invest at least 45 hours a week to build your practice. And that if you have low tolerance for difficult personalities, solo practice won’t solve things. True, you won’t have to kiss up to an arrogant junior partner for choice assignments, but you may have an annoying client calling frequently, questioning your legal strategy. And what about that nasty opposing counsel, who constantly accuses you of unethical conduct to intimidate you from zealously representing your client? In many ways, dealing with an aggressive adversary is just as stressful as working for an overbearing law firm partner. Don’t confuse problems inherent in the practice of law with your unhappiness at your firm. When you practice law, you can’t avoid dealing with jerks, whether they’re opposing counsel, judges, or even your own clients.

Bottom line – When you consider leaving BigLaw for “YourLaw,” make sure the gripes you have about large firm practice are specific to your firm and not to the practice of law in general. If the latter is true, you won’t find satisfaction starting your own firm.

You want to be a stay-at-home mom – After slaving long hours at a firm and being a weekend parent, you may fantasize about starting a part-time practice, working on memos at the dining room table while the kids play at your feet. As I mentioned earlier, starting your own firm does make sense from a parenting or family perspective simply because it gives you the flexibility and control that working at a firm or government agency simply cannot match. But creating and sustaining a part-time practice while you raise young children isn’t nirvana. For one thing, you won’t have the amount of time usually available to stay-home parents for organizing play groups, or serving as class parent, or participating in the PTA. And a part-time practice demands that you cap your work hours, which means you might have to forego a promising networking opportunity, or to accept chunks of contract work that can be managed more easily on a tight schedule but pays less. And even though part-time practice does allow you to get to meet your child’s bus at 3 p.m., that privilege may cost you an occasional all-nighter or weekend at the library to meet a tight deadline. After all, just because you put your family first doesn’t mean your clients will. And a part-time practice can be frustrating. You’re still working hard, and you may not earn job as much or advance as quickly as your full-time peers. Nor will you get much sympathy from either full-timers who envy your flexibility, or stay-home parents who haven’t found a way to keep a foot in the working world. All things considered, a solo practice offers one of the best ways to balance family and work. Striking the right balance won’t be easy; it can take months or even years of experimentation before you hit the right equation that works for you and your family.

Bottom line – As a part-timer, what you gain in flexibility you may lose in earning power, and you may feel suspended between the working world and the stay-at-home-mom world.

You were fired – Losing a job can be humiliating. Most of us feel too ashamed to admit we’ve been fired, and too honest to lie about why we left our former job. What to do? If, after losing your job, you decide to start your own firm, you can keep it to yourself that you had been fired. No one has to know. Most would never ask why you decided to go out on your own, and many assume it was by choice. For those who do inquire, say – truthfully – that solo practice offered far more professional opportunities and challenges than your former position … and leave it at that. As angry as you may be, don’t burn any bridges. Put your emotions into your morning jog or your journal (not a blog; this is one situation where a blog is not the smart play). Even if your firm considered your performance sub-par (and you acknowledge that you did make some stupid mistakes), that doesn’t mean you won’t succeed on your own. Whatever you do, don’t – repeat, don’t – badmouth your firm or attempt revenge. For whatever reason you were let go, do nothing that would compromise the possibility that your old firm might one day give you referrals. In my own case, lawyers from my former firm (which had asked me to leave) helped me to prepare for my first appellate argument after I’d started my own practice, they referred me several small energy regulatory matters, and they provided sufficiently positive references that enabled me to land several lucrative contract matters. As time has passed, my relationship with some of the firm’s lawyers has grown more cordial. I even attended the firm’s anniversary celebration, and shared a terrific time with my old colleagues.

Bottom line – Though starting a firm after losing your job may not be your first choice, you can increase your chances for success by focusing on making a fresh start and letting go of whatever animus you have toward your former employer.

You want to practice law your way – Perhaps you’re not advancing as quickly as you’d like because of the struggle to manage your workload and keep pace with your peers. Lawyering is a struggle, but starting a firm can actually help you master new skills because – for the first time – you’re able to modify your workload to learn at your own pace free of comparison to others. Many years ago, I was part of a team of six attorneys hired by a government agency for a long-term contract position. Because the position involved an obscure area of law, the agency provided a two-day training session. At the end of the session, one of our team members confided that she hadn’t understood any of the material. So, when we got assigned our cases, she always asked us how to respond to a particular pleading, and what questions to ask during a deposition. As the job continued, she eventually caught on and closed out her cases as quickly as the rest of us. What’s more, by asking questions, she had grown acquainted with the other temp attorneys as well as the full time attorneys at the agency, and knew exactly where to turn for specific problems. Before long, she became the go-to attorney in this area of law. As a result, the agency chose her as its project manager, and eventually hired her permanently.

Bottom line — Don’t be hard on yourself; people learn at different rates. Even if you’re not a quick study you can – with hard work – catch up and even surpass your colleagues.

Time for Some Personal Assessment

After giving careful thought to your motives, you still need to consider whether solo practice suits your personality and temperament. Consider:

Do you crave independence? – The most satisfied solos prefer to operate without affiliation to a larger controlling unit, and don’t require others for guidance in conducting their business.

Are you comfortable wearing many hats? – Successful solos act as project manager, office manager, HR director, business manager, strategic planner, VP for business development, and general worker bee, all of which can consume as much as half your day. You don’t have to like all of these roles, but you do have to be willing to assume them if you can’t afford to delegate them. As a solo, tasks like collecting payment from clients, cold-calling potential clients, or scanning documents, aren’t any more enjoyable than the busy work that’s demanded at almost any job. The upside is that you get to practice law the way you want.

Do you thrive when you’re in charge? – The most successful solos readily accept responsibility for failure as long as they can take all the credit for a good result.

Are you enterprising? – In my experience, the most successful solos have a talent for spotting opportunities and taking advantage of them. For them, networking is a regular and enjoyable part of every week, and they don’t rely on telephone ads to keep their operation afloat. Note: Shyness is often cited as a reason not to seek out business. But some of the most effective lawyer-marketers are introverted, and it only compels them to approach networking in a more disciplined, systematic manner.

What is your tolerance for risk? – There’s the possibility of great payoffs and then you might run into days (even weeks) without billables. As a solo, you won’t know when or whether business will come, or how long you’ll have it, or if it will generate a living wage. In order to experience satisfaction, you must be comfortable with the part of you that is willing to take a leap of faith … or willing to diversify your practice instead of focusing on a single practice area (such as bankruptcy or real estate, which are especially sensitive to changes in the law and economic recession).

Are you a self-starter? – Successful solos don’t need someone looking over their shoulders; they’re motivated to do what needs to be done. Look back at your childhood. Were you one of those kids who complained about being bored when left to your own devices? Or were you someone who could amuse yourself for hours? Note: if you’re concerned about your ability to get motivated, consider working in a shared space rather than a home office. Working in the company of others can have the effect of forcing you to be more conscientious.

Are you resourceful? – The most successful solos are good at finding answers quickly, and are unafraid of asking questions, requesting input, and seeking help. Over the years, what I’ve learned is that solo practice requires you to unlearn some of the bad habits you picked up in law school and on the job. Asking a question isn’t a sign of weakness but a form of empowerment. Admitting what you don’t know can make you feel stupid but it also opens yourself up to learning more and making yourself a better lawyer. Besides, if the questions that your clients bring to you were already resolved, they wouldn’t need you anyway.

– Excerpted from Solo By Choice: How to Be the Lawyer You Always Wanted to Be (DecisionBooks, 2008).