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	<title>Solo Practice University® &#187; Jeff Rutledge</title>
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		<title>Service Lessons for the Exceptional Client Experience</title>
		<link>http://solopracticeuniversity.com/2011/08/26/service-lessons-for-the-exceptional-client-experience/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=service-lessons-for-the-exceptional-client-experience</link>
		<comments>http://solopracticeuniversity.com/2011/08/26/service-lessons-for-the-exceptional-client-experience/#comments</comments>
		<pubDate>Fri, 26 Aug 2011 12:29:24 +0000</pubDate>
		<dc:creator>Jeff Rutledge</dc:creator>
				<category><![CDATA[Client Relations]]></category>
		<category><![CDATA[Guest Bloggers]]></category>
		<category><![CDATA[Solo & Small Firm Practice]]></category>

		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=2627</guid>
		<description><![CDATA[One of the things that separate a solo from large, mid, or even small firms is the ability to control every aspect of the client experience...creating relationships that thrive, producing business that keeps flowing, and winning client loyalty...<hr /><p>Written by Jeff Rutledge]]></description>
			<content:encoded><![CDATA[<p>One of the things that separate a solo from large, mid, or even small firms is the ability to control every aspect of the client experience – from the first contact to the final bill payment. This is the key to creating relationships that thrive, producing business that keeps flowing, and winning client loyalty that makes them want to – feel an obligation to – tell everyone they know what a great lawyer and friend you are to them.</p>
<p>I will admit up front that these lessons are second nature to me – I am the kind of person (you know from previous columns) who speaks to people I meet in elevators. Therefore, as a result, I do not have to think about these things…I merely do “what is right” and things seem to work out. For those who struggle – not because of intent but because of lack of experience – with client service, the following advice is a very short list of the things you must do to thrive in a client-service-driven world. If you follow this list, you cannot go wrong.</p>
<ol>
<li>WELCOME CLIENTS TO YOUR OFFICE OR MEETING WITH A WARM, FRIENDLY AND GENUINE GREETING. You have to put yourself in the place of your client when it comes to good manners. If you cannot welcome them to your office (brick-n-mortar, virtual, or Starbucks) with a genuine greeting – showing them you are happy to see them and to have their company – then you have sent the OPPOSITE message. Then, when it comes time to decide whether to sign a fee agreement, keep you for future matters, or refer friends/family to you, do not be surprised when your referrals dry up and die. Of course, this is not the only reason to be genuine – it is merely a bonus. After all, if you are genuinely glad to see your client, you need not fake anything. Keep in mind, though, even when you have a bad day, you need to set your other concerns aside so your client understands they are the high point of your day. Think back on your best experiences with professionals (doctor, dentist, accountant, etc.) and try to remember what made those experiences excellent. My accountant has always rooted for me – always took the time to ask how things were going – always took the time to come from behind his desk and speak with me like a friend. Of course, he works for me and sends me bills…but that relationship survives and thrives because he is glad to see me and makes sure I know it.</li>
<li>USE THE CLIENT&#39;S NAME WHENEVER POSSIBLE. I will admit here and now that I am not good with names. I know I should be &#8211; and I remember there are plenty of things I am great at so I do not worry too much about it. Nevertheless, I do need to know names so whenever I get somebody’s card I make a note on the back that will help me remember whom they were and make the connection. For example, one of my recent introductions was to a businessman from Belgium so I noted that on the back of his card – he also spells his first name (Marc) a bit differently from the norm so I noted on the back of his card “Belgium – Marc with a C.” I also make notes on post-its and put them on my desk so I get several reminders in case I need them. My Dad used to say if you use somebody’s name once a minute while you are speaking with him or her, it helps them understand that you care about them. Learn the names and use them – it will help you establish a long and friendly relationship.</li>
<li>GIVE CLIENTS YOUR UNDIVIDED ATTENTION. My wife and I recently went to see Chicago (the musical) at the Bass Hall in Fort Worth, Texas. The show was marvelous but I had a young man sitting next to me that had to check his cell phone every minute or so…and the screen light would shine right in my face…during the show. Therefore, at the intermission I asked him politely to turn off the phone during the show or excuse himself so he did not bother the other members of the audience. He gave me a look as if I had scratched his car door. I was surprised because I thought a polite request should be enough but it was not…eventually a very nice usher reminded him of common courtesy and solved the problem. I tell this story not show what an impolite jerk this fellow was BUT to remind us all that manners start first with how the OTHER person perceives you are treating them. If you interrupt a conversation with a client to look at a text, or take a phone call while they are sitting in front of you, you are telling them they are not important. I handle this situation this way – when I sit down with a client, I pick up my phone and silence the ringer and set it aside (or in my brief case) and say “This is your time and you are my single focus – what can we do for you?” This may not be necessary but do not ever underestimate the value of making sure your client knows that when you are serving them you are NOT multitasking.Eventually, you may have to tell that client that you have to get back to them because you have another appointment scheduled…it is easier to say that if, when they are with you, they are your sole focus. Make every moment with a client THEIR moment. You will not regret it.</li>
<li>MAINTAIN A POSITIVE ATTITUDE WITH EVERY CLIENT. As I mentioned above, nobody wants his or her Doctor to say “I hate dealing with a patient that has XXX (‘your’) condition…” If your client ever hears you say that about their matter, they will feel marginalized and rightly so. It is perfectly appropriate to make sure a client understands that certain matters are more difficult than others, that results are never guaranteed, and that things may not go our way in court (or wherever). Nevertheless, your client needs you to be strong and positive and a tireless cheerleader for their cause. Do not put your head in your hand and say anything like “Oh no, not another custody battle…” If you practice family law, that is your line of work and you have to expect that. To your client, it is their ONLY custody battle – remember that.Complain to yourself, complain to your better half, or to your therapist (within the bounds of the rules of professional conduct). However, always always try to keep your client on top of the world. They will be better to work with, they will pay the bills, and they will follow your sound legal advice. Best of all, they are more likely to be happy when you are happy. Life is better that way.</li>
<li>WALK CLIENTS OUT AT THE END OF A MEETING;  THANK THEM AND GIVE A WARM, FRIENDLY GOODBYE. Just as you must welcome a client with a sincere greeting, you must also bid farewell in a sincere and complete manner. Never ever just wave your hand at a client and say “See ya’ next time…” They will leave with a bad taste in their mouth and that taste lasts a LONG time. If your client has family members waiting for them, try to say hello and introduce yourself – this is a good way to let your client know that they matter beyond the matter at hand. You will recall from a previous column (see it here: <a href="../2011/04/29/budgeting-what-you-really-need/">http://solopracticeuniversity.com/2011/04/29/budgeting-what-you-really-need/</a>) that I have a habit of handwriting informal notes to everyone I meet to thank them for their time, etc. The value of a handwritten note cannot be underestimated – it is a time-tested way of being sincere after the fact and passing on another business card. This is not patronizing if you really mean what you say – take the time to be polite and exhibit good manners, it is good for your client and, by extension, it is good for business.</li>
</ol>
<p>In short, treat your clients the way you want to be treated – the way your grandmother would have told you to treat them. Remember a genuine welcome and good bye – using the client’s name – ensure they know you are glad to see them and sorry to see them go. Pay attention to what they say and give good positive feedback.</p>
<p>If you follow these simple rules, the client experience will always be positive and they will have good reason to consider you not only a good lawyer but also a friend who treats them well from beginning to end and to whom they feel comfortable referring other friends. A positive client experience is not only good for business&#8230;it IS good business.</p>
<p><em>Do you know how your clients view you?  How do you make you enhance your client&#39;s experience?  Share in the comments.</em></p>
<hr /><p>Written by Jeff Rutledge]]></content:encoded>
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		<title>100 Ways To Solo: The Big Debate &#8211; Part 2 – The Negative</title>
		<link>http://solopracticeuniversity.com/2011/07/28/100-ways-to-be-a-solo-the-big-debate-%e2%80%93-part-2-%e2%80%93-the-negative/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=100-ways-to-be-a-solo-the-big-debate-%25e2%2580%2593-part-2-%25e2%2580%2593-the-negative</link>
		<comments>http://solopracticeuniversity.com/2011/07/28/100-ways-to-be-a-solo-the-big-debate-%e2%80%93-part-2-%e2%80%93-the-negative/#comments</comments>
		<pubDate>Thu, 28 Jul 2011 11:30:48 +0000</pubDate>
		<dc:creator>Jeff Rutledge</dc:creator>
				<category><![CDATA[Guest Bloggers]]></category>
		<category><![CDATA[Solo & Small Firm Practice]]></category>

		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=2586</guid>
		<description><![CDATA[Practicing solo while working a standard job is a huge mistake that robs you of the ability to practice law in a committed way. You DO have to choose – you cannot both work a standard job and practice law. Telling me otherwise is  a big fat lie!<hr /><p>Written by Jeff Rutledge]]></description>
			<content:encoded><![CDATA[<p><strong>THE OVERVIEW</strong></p>
<p><em>This is part #2 of a debate I am involved in – with myself – about whether a lawyer should work a standard job and practice solo at the same time. If you have not read this column’s  entry from June 2011, please visit there now BEFORE you read this column. Click <a href="http://solopracticeuniversity.com/2011/06/24/100-ways-to-solo-the-big-debate-part-1-the-affirmative/">HERE</a>. This is a rebuttal so if you do not read the first column, this one may not make sense. Then, come back and see the end of the debate. </em>Remember, as you read, that I am the speaker in both sides of this debate – when you read harsh comments, remember that there is nothing personal about this debate. It is just a debate that addresses an important question. I have already forgiven myself.</p>
<p>I have completed 3 weeks in my corporate job and am not in a position to assess the long term. However, I can say that many of the affirmative and negative arguments are true. There is no single answer and as I replied to a comment on last month’s column – “…this is a personal decision…”</p>
<p>So, the negative speaker is rising from his seat to address the arguments.</p>
<p><strong>THE NEGATIVE</strong></p>
<p><strong>Resolved: a solo lawyer should NOT continue to practice law while employed in a standard job.</strong></p>
<p>There are times in your life when you have to decide who is in control – you or the tide. Solos – at least “my kind” of solos – are the ones who swim against the tide and force their career to do what they want instead of having some accident make the most important decision in their life: how and where and for whom they will work. It sounds to me like the affirmative speaker in this debate forgot the main advantage and thrill of being a solo. Instead of riding the range free to go where he wants, he is a hired gun – at the beck and call of another and, make no mistake about it, NOT free to practice law as he wishes. In fact, when the affirmative speaker admits “Life is in charge”, he surrenders his card as a true – genuine – solo attorney. It makes sense because when you work for another you cannot and should not continue to practice law…at least the way we think of it.</p>
<p>I will answer the arguments made by the affirmative speaker in order and, in the process, will show the perils and errors of his decision. As you hear my arguments, remember this: there are lots of sharks swimming around in the solo practice ocean – the person that would hire you to work for them is just <span style="text-decoration: underline;">one</span> of those sharks. They do not want what is best for you or your career. They do NOT want you to be a solo.</p>
<ol>
<li>NOBODY TRAINS YOU TO LEAVE THEM! The problem with taking a standard job is that you will never learn the broad horizon of skills you need to go elsewhere and be the amazing asset about which you fantasize.  Corporations, by their nature, train individuals in a very narrow set of skills and put groups of individuals together in teams to perform large-scale functions. While you can certainly learn something – and glean other things – from working a corporate job, you will never benefit as much as you would if you were on your own…forced to learn new skills every day. As a result, everything else being equal, solos will always be better prepared.</li>
<li>THIS IS A MASSIVE INCREASE IN RISK! Time never stops passing – no matter how much you fantasize about a corporate gig being a “break” from the rigors of solo. Every minute you spend working for someone else &#8211; doing what they say just the way they say to do it – increases the risk that you may never get back into solo practice. What you lose in stress is what you lose in motivation and inspiration to create new things and do those new things in new ways. This, again, is exactly what makes solos a different and special breed. If the affirmative speaker does not want to be special, so be it. However, do not tell me you get it both ways. You do not.</li>
<li>WORKING FOR SOMEONE ELSE ROBS YOU OF THE ABILITY TO CHOOSE YOUR PRACTICE AREAS! That one-in-a-million job where someone pays you to eat cotton candy and laugh all day is a fantasy. The truth is that every minute you work for someone else is every minute where you do not make your own choices about what practice areas to pursue, what cases to take, and which clients to represent. This is an absolute truth that is a 100% loss when you go to work for someone else.  I cannot see the time when for that few hours a week you are truly practicing law (in the evening or on the weekends), you can do so with the freedom to put in the effort, hours, and focus that you would if you were not selling your prime hours to another employer. In the process, your law practice loses and your clients lose. Please do not tell me that is a win.</li>
<li>COMFORT IS THE OPIUM OF THE HIRED ATTORNEY! As I said above, the lack of stress translates into a lack of motivation. Comfort reduces the drive to get new clients, acquire new skills, and deliver when results are all that matter. I know more than one of those “corporate” lawyers who have lost the desire to be a “real” lawyer in the solo sense…do you really want to be that kind of lawyer? I am not saying there is anything wrong with being comfortable. I am saying there is a difference between a corporate lawyer and a solo lawyer. My grandfather used to say,<br />
“You cannot ride two horses with one fanny.” Stop trying to do two things when one is quite enough and doing two sets you up to fail at both.</li>
<li>YOU ARE NOT FREE TO LEAVE THE JOB AT ANYTIME! I will bet you that responsibilities and opportunities do not come down the road every day. You may find escape hatches and then again, you may not – the question is whether the escape hatch comes at the right time. Now, what has happened in this situation is the escape hatch put you INTO prison instead of breaking you OUT of prison. You may not find the opportunity to escape is offered just when you need it. So, to say that you are free to leave anytime is underselling the risk. The truth is that this solo’s law practice was going fine. You cannot expect too much good luck. Asking to recapture a strong solo practice may be just that.</li>
<li>FAITH IS AN ILLUSION THAT CLOAKS THE LACK OF COURAGE! I appreciate the value of instinct and belief – but I suspect taking a corporate job may be a rationalization that cloaks the lack of courage to stay the course. Solo practice is difficult work – no doubt – but it is a mistake to say you have the perspective needed to judge the long run when this solo has been in the corporate job for all of three weeks. I will wager $5.00 now that this job lasts less than two years.  When that time comes, we will be able to more clearly tell the difference between faith and courage. Solos know that – for them anyway – they are the same thing.</li>
<li>YOU ARE NO LONGER A SOLO ATTORNEY!  When you sell your prime hours to a corporation and spend only your evening and weekend hours (the hours where you are less focused and less sharp) to your clients, you lost a great majority – if not all – of what makes you a true solo. It may be necessary to redefine what you call a solo attorney. I will kindly call you a “Part-Time Solo” which is NOT the same as a true solo. I mean this in a nice way when I say you are still a lawyer but you are not what you intended to be when you entered solo practice. The work you are doing for a corporation is lawyer-type work but that is a marked change from solo lawyering.</li>
<li>IGNORING THE REAL COST DOESN’T MAKE IT GO AWAY! What you may gain by working for someone else – in terms of skills and the like – is dwarfed by what you lose in real motivation. What I mean is that it is easier to do work you choose to do and find interesting than it is to do work that someone else heaves onto the desk in your cubicle. If you are a non-trad to start with – choosing law as a second career – you do not have time to waste working years more for someone else. Whether you worked for yourself or someone else in your first career, this is your big chance to strike out and do something bold and wonderful. Being solo is bold and wonderful. The cost is too great to spend time working for anybody else…can you really afford that?</li>
<li>SOME DOORS ARE DEAD ENDS! What some view as an opportunity, others view as a trap. I heard recently that some people commit crimes just to go to jail so they can have a place to sleep and three meals a day. That sounds like going to work for a corporation. It does make everything “easier” I suppose but you have lost your freedom in the bargain. I do not know what things will lead to – nobody does – so it is a mistake to count on what may happen from a gamble. And, you know, going to work for a corporation IS a gamble. What you see as a route to another opportunity, others see as a dead-end road.</li>
<li>A JOB ABSOLUTELY COMPETES WITH THE PRACTICE! I have said above and I will repeat now that you cannot do two or more jobs at the same time. When you sell you first forty hours a week – your BEST work hours of the week – to a corporation, you have lost your ability to practice law the way you really want (which I suspect is as a serious and committed expert attorney). Enough in this context seems like too much – especially since I wonder what will happen if any of your clients really need you during standard work hours or if you have to (shudder) go to court. Getting a law license is hard work – why would you not want to be a lawyer? Doing two things robs you of the benefit of doing either one really well.</li>
</ol>
<p>This new job (while undeniably a kind of cool opportunity) makes the affirmative speaker a captor – a prisoner – and robs him of the most precious possession of a solo attorney – his career. It would be better if he had not turned himself in for something that is not even a crime – somehow the fact that he surrendered without a fight makes it worse for me. Nonetheless, I am not angry with him – I feel an obligation to speak the truth and remind him he is always welcome with us “real” solos.</p>
<blockquote><p>I say we get a posse of us together, make a plan, and break him out of the corporate prison. He may regret our rescue for a moment – he may need to be deprogrammed. <strong>In the end, he will see that the greatest compensation a solo attorney earns is being solo.</strong> How much is freedom worth?</p></blockquote>
<p>So, this is the end of the debate. I may have an afterglow with some comments about how the debate proceeded. I will surely keep everyone up to date on how the corporate gig goes, what sort of law stuff I am doing, and how my career is evolving. Like a blank canvas, every career is different. This is mine – stay tuned.</p>
<hr /><p>Written by Jeff Rutledge]]></content:encoded>
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		<title>100 Ways To Solo: The Big Debate Part 1 &#8211; The Affirmative</title>
		<link>http://solopracticeuniversity.com/2011/06/24/100-ways-to-solo-the-big-debate-part-1-the-affirmative/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=100-ways-to-solo-the-big-debate-part-1-the-affirmative</link>
		<comments>http://solopracticeuniversity.com/2011/06/24/100-ways-to-solo-the-big-debate-part-1-the-affirmative/#comments</comments>
		<pubDate>Fri, 24 Jun 2011 11:30:29 +0000</pubDate>
		<dc:creator>Jeff Rutledge</dc:creator>
				<category><![CDATA[Guest Bloggers]]></category>

		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=2553</guid>
		<description><![CDATA[Practicing solo while working a standard job is the ideal way to develop new skills, reduce the risk of solo practice, bring in good money, and find other opportunities. You do not have to choose – you can work and practice. It is that simple.<hr /><p>Written by Jeff Rutledge]]></description>
			<content:encoded><![CDATA[<p><strong>THE OVERVIEW</strong></p>
<p><em>This is part #1 of a debate I will have with myself about whether a lawyer should work a standard job and practice solo at the same time…you probably want to know why this debate is happening…here is the story</em>: I recently accepted a job with AT&amp;T as a Senior Contract Manager responsible, in part, for negotiating contracts for mobile technology software. It is a remarkable opportunity and, though I did not aggressively seek out the job, one came right to me…one I could not refuse. As a result, on Monday June 27<sup>th</sup> 2011 – for the first time since January of 1990 (my first job out of undergrad) – I will go to work for a large corporation in a tall building. It is the exact opposite of the kind of work I have done for the last 20 plus years and a surprising change to the way I will practice law. Since my background is largely in debate – I debated as a high school student and university student, coached debate as a graduate student, and have published debate research of various types since 1993 – it makes sense to have a debate on the question of whether a lawyer can and should continue to practice law while working a standard job. Just like Peter Sellers in Dr. Strangelove, I will play both parts of this debate – this month I will debate the Affirmative (DO continue to practice while working the standard job…OR you do not have to choose between the two) and next month I will debate the Negative (DO NOT continue to practice while working the standard job…OR you have to choose between the two). There may not be a winner but I hope these ideas help you consider how you will practice law as a solo and what constraints you will impose on yourself and your practice.</p>
<p><strong>THE AFFIRMATIVE</strong></p>
<p><strong>Resolved: a solo lawyer should continue to practice law while employed in a standard job.</strong></p>
<p>Life has a way of taking hold of you and saying “I am in control…” – that is exactly what happened when in April of 2011 one of my former law classmates called and said his group at AT&amp;T was looking to hire more than a half dozen new lawyers for contract negotiation teams – advanced negotiation of very complicated contracts for all variety of technological solutions from software to hardware and everything in between. Because he seemed very happy in his job, we had dinner one evening and talked about what the job entailed…the more he talked, the better it sounded. I met with his boss’s boss, had a phone interview, actually applied, got an offer (a GREAT offer), did the background check (passed!), and what I thought would be a life as a solo practice lawyer (excellent life) has taken a detour into corporate America. Life is in charge.</p>
<p>I have had a great experience as a solo practice lawyer so far – good clients, trial successes, a big case settled for a pittance, and the future looks good. So, what reason would I have to change courses now? That is a very good question – I am glad you asked.</p>
<p>I want to start with two observations that will help you see how I view situations like this – [1] I never shop hungry – the best time to look for anything is when you do not need it. My wife and I always eat before we go to Sam’s Club (discount club just like CostCo) so we do not come back with $200 worth of ice cream and jellybeans. If you are not hungry when you walk in, you make better buying decisions. This rule applies to finding a date for the prom (pretty girls never respond to desperation) and finding a job. The truth is that I was not looking for a job…and that is exactly how I found this one. Ironic, yes? [2] I have no fear of change and never question bold decisions. I have run my own business way too long to wonder whether I can trust my instincts. This does NOT mean I never make mistakes – this means I accept the fact that mistakes will happen and my judgment is good enough to make good decisions the majority of the time. Delay is death…so I make decisions quickly. If something is not working, I change. If you see a good opportunity, grab it. I saw this good opportunity and I grabbed it.</p>
<p>I will embrace this new job negotiating massive contracts and will continue to practice law on the side. Now, I present my warrants for continuing to practice as a solo while I work this standard job.</p>
<ol>
<li>WHAT BETTER TRAINING IS THERE? If there is a company that does bigger, more complicated, and more industry-defining contracts in communications IT than AT&amp;T, I have never heard of them. This is a great opportunity to learn the technical side of contract negotiation from a group of experts and refine my contract negotiating skills in the process. Assuming I do not spend the rest of my professional life in this position (yet to be determined), this might be the best paid training program ever.</li>
<li>WHAT BETTER RISK REDUCTION IS THERE? The only down side to solo practice to me is the risk implicit in every day and every bit of work. This new position –bringing home the bacon – allows me to dissipate the risk of being only solo. As a result, I can practice with less pressure and do better work in the process. I can handle the stress – I have always handled stress well – but I always do better work when I can take a patient approach. Reducing risk allows patience instead of panic.</li>
<li>WHAT BETTER WAY TO FOCUS ON THE PRACTICE AREAS THAT MOST INTEREST ME? Whenever anybody asks me what type of law I practice, I am quick to say “…whatever law pays the bills…” As a result, I take almost any case and any task that brings in money (as long as it is not malpractice). The advantage is that I am bringing in money and doing pretty well early on. The down side is that I am spending a lot of time on law that is revenue generating but not in my interest areas (business law &amp; copyrights/trademarks). This new position allows me to be more discerning in what work I accept, spend more time learning the practice areas I truly enjoy, and focus my efforts for the long-term. This does not mean I am not able to execute the occasional will or send the odd demand letter – it does mean I am not forced to take whatever comes in the door. With more income comes the ability to make careful selections.</li>
<li>DO NOT UNDERSELL COMFORT! I will admit to you that getting through law school while having other responsibilities was a long haul with a lot of sacrifice. I went part-time so it was four years of struggle (much imposed on my wife who was unconditionally supportive of my ambition even when it came to the insanity of law study). It is going to be nice to be able to deliver some of the comfort to her that she gave to me all through law school – it is the very least I can do. Besides, happy lawyers are better lawyers.</li>
<li>FREE TO LEAVE ANYTIME I LIKE! This new position is not prison…Texas is an at-will employment state so they can fire me or I can leave at any time. This creates an environment where I have an incentive to do good work (not too difficult for me…) and the company has an incentive to treat me well (which I hear from contacts they do well…). Still, if it turns out to be a bad fit OR a better opportunity comes along OR full-time law practice just screams my name, I can go – anytime I like. I do not suspect that will happen soon but this is far from a prison sentence.</li>
<li>I HAVE FAITH! I am not a super religious person – raised Roman Catholic – but I have a great deal of faith that all things (good and bad) happen for a reason. This job has not given rise to any concern or suspicion that something bad is about to happen. Seriously, if there is one thing I have developed running my own business for nearly 20 years, it is a pretty refined bullshit-o-meter. Nothing about this seems to be a problem to me. Even if it is a problem, I can escape (see #5) and enjoy whatever benefit I gained to that point. That sounds like a no-loser to me. I have faith and regard the experience with AT&amp;T (mostly romance but still…) as a great privilege.</li>
<li>I AM STILL A LAWYER! My former law classmate who was the connection that made this job happen for me lamented when he started this job that he was not really a lawyer and that other real lawyers would look down on him. I could not disagree more. Only your imagination limits the ways in which you may practice law. My wife, a licensed architect of more than 20 years, does not draw buildings but, instead, works as a consultant for building product manufacturers (currently the world’s largest hardware holding company). She is STILL an architect and uses the skills of an architect to do her job. In a similar fashion, not all lawyers go to court or argue cases in front of the Supreme Court. What could be more lawyer-type work than negotiating massive contracts? Disregarding limits and predefinitions is one of the strengths of solo practice lawyers – I intend to make this skill work for me in this new position as well.</li>
<li>BENEFITS OUTWEIGH THE COSTS AND SACRIFICES! This is “…one of those offers…” I cannot refuse (see great lines from the Godfather). Further, the costs in term of what I have to give up (full time litigation for example – which I love but it will always be there…) are dwarfed by the benefits in terms of security, skill training, and flexibility to practice to type of law I want to practice. I learned so much about litigation while clerking and handling my own cases this year that I can safely detour for this opportunity. A return to practice sooner or later (this may be the last job I ever have OR it may be a few years sort of thing) does not cost me much more than waiting until the age of 46 to become licensed in the first place. I am lucky to have the advantage of a long and successful professional life that allows me to view decisions like this less in terms of apocalyptic reality and more in terms of all benefit and very little cost.</li>
<li>ONE DOOR LEADS TO OTHER DOORS! This new position is inevitably going to lead to other opportunities – either as an end in itself (which remains to be seen) or to opportunities either inside AT&amp;T or outside AT&amp;T as the skills I develop broaden my professional horizons. The former option would be fine as the group of people I am going to work with are exceptionally skilled and are doing great work. The latter option is a way for me to bring my skills to AT&amp;T and, in turn, develop skills that are marketable as I suggest above. Unless this life is something different than I imagine, this door will – eventually &#8211; lead to other doors. That may be a return to solo practice exclusively or a segue to another cool situation. In any case, I win. How great is that?</li>
<li>THE PRACTICE AND THE JOB DO NOT COMPETE! Most people view a choice between two alternatives as a binary – that need not be the case if you think creatively. I choose to see this situation as an add-on – another advantage to doing what I want to do. You may choose either a standard job OR a solo practice OR you may choose to do both. Since enough has never been enough for me, I chose to get a law degree even though I could have well succeeded in any number of fields without a law license. The same rule applies here. In fact, when interviewing with AT&amp;T, one gentleman asked me “…won’t you miss practicing law…?” and I said “…No, because this is practicing law…” That is the overwhelming net benefit – by doing both well (doing the great work that both deserve), I get the benefits of both.</li>
</ol>
<p>This new position is, in so many ways, the ideal way to freedom – exceptional skill development with a fine group of skilled professionals, dissipating the risk of solo practice while bringing in excellent reliable money (which helps fund the practice!), the freedom to practice law the way I want, and the no-risk route to other opportunities. Besides, you do not have to choose – it is totally possible – indeed beneficial from a practice focus standpoint – to work both a job and solo practice. I call that the ideal recipe for solo practice. If it gets better, someone is going to have to tell me how. If you allow yourself to do it all, you can really have it all; you are the only person holding you back. For me, I give myself permission.</p>
<p>NEXT MONTH: See the Negative arguments – then you get to vote for the winner…me, I still believe it is a personal decision.</p>
<hr /><p>Written by Jeff Rutledge]]></content:encoded>
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		<title>Lessons of a Rookie Litigator</title>
		<link>http://solopracticeuniversity.com/2011/05/27/lessons-of-a-rookie-litigator/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=lessons-of-a-rookie-litigator</link>
		<comments>http://solopracticeuniversity.com/2011/05/27/lessons-of-a-rookie-litigator/#comments</comments>
		<pubDate>Fri, 27 May 2011 09:30:31 +0000</pubDate>
		<dc:creator>Jeff Rutledge</dc:creator>
				<category><![CDATA[Guest Bloggers]]></category>

		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=2466</guid>
		<description><![CDATA[I am going from small court to big court and recording some the lessons I am learning along the way...it's difficult, stressful and wonderful. Ah, the life of a rookie litigator!<hr /><p>Written by Jeff Rutledge]]></description>
			<content:encoded><![CDATA[<p>I looked up yesterday and realized I have been out of law school for a year already – and I have been licensed for almost 6 months. Now, that does not seem that long to you veterans but, as with all things, time flies. I took a few moments to reflect on the lessons I have learned and the progress my practice has made in this short time.</p>
<p>First, the structure and setup I have spoken about in previous columns is working. I write informal notes as thank-you notes and the like nearly every day. I make an effort to complete a marketing task (usually the most fun thing I do all day) every single day (even weekends). QuickBooks is great for keeping track of fees and expenses from office supplies to mileage.</p>
<blockquote><p>I am getting clients on my own and as referrals from other lawyers. I knew it would work this way; I am just amazed that it does.</p></blockquote>
<p>Second, <em>I actually am practicing law</em>. That may seem like a silly thing to say but when you are working hard and things get going, you may not have all the time you want to reflect on what you have accomplished. I “got” my first trial win – unanimous jury verdict – in April. It was just a JP court out in the country and the take wasn’t near the upper jurisdictional limit of $10,000, but I got it and now I am in the enforcement phase. (Remember a judgment doesn’t mean anything if you cannot collect!).</p>
<p>Now, I am trial counsel for a case in “big boy” court – District Court down in Dallas. It is a shock the first time you have a hearing down there in the city. I had a good hearing on a Motion to Strike an amended pleading and did great – one of the lawyers waiting for a hearing followed me out and was very complimentary…he could not tell it was my first time in that kind of a situation. We are in trial next week and have most all of our ducks in a row – motions in limine, jury charge, final motions, trial notebooks for all (exhibits and current pleadings), etc. This is real business and real money (I am defending a client who faces a claim for $100,000 in damages). Again, there are bigger cases out there but this one is <em>my</em> big case.</p>
<p>I have the advantage of having cut my teeth out there in the country and I had some great internships while in law school so many of the skills you need to get a case to verdict (like jury selection and motions for directed verdicts) <em>seem </em>easy to me but I know I&#39;m still a toddler in the profession and that keeps me on my toes all the time.</p>
<p>What is not easy is actually doing it – the first time is always a little nerve-racking. When I get nervous, my mouth gets dry so I have to drink a lot of water (all athletes have to stay hydrated). However, I am taking comfort in a few things that are going on…there are some surprises in this process.</p>
<ol>
<blockquote>
<li>Judges do not know or care how long you have been practicing or where you went to law school. They judge – are supposed to anyway – on the law. If you are right on the law, you will win more than you lose. Our judge is a serious and rule-based fellow so that is good for us.</li>
</blockquote>
<li>Opposing counsel does not care either. They will treat you the way they treat everyone else in their life. In my case, opposing counsel is insufferably obnoxious…which gets tedious after awhile. He will not agree to anything – even the smallest accommodation. As a result, I find myself holding his feet to the fire on every little detail. I found myself sending a fax instructing him to enumerate photo exhibits that he designated as a group otherwise “I would move to strike…” – about 5 minutes before the end of business, he sends the updated exhibit list. It cost him time to do it and, despite myself, I enjoyed the fact that he responded. It is a small thing and somewhat ridiculous (I am being polite no matter what)…but you have to have some fun.</li>
<li>There are a huge number of amateurish things going on around here. It is remarkably easy to learn and do better than others you see in this environment. Whether they are lawyers, firm staffers, or court staffers, you – at this early point in your career – very well may know the rules and procedure better than those with more years under their belt. Take advantage of that now because your understanding of the rules – and the changes – may never get better. Small things, like when discovery can be supplemented, when amended pleadings can be filed, and when you file a motion and remembering to actually SCHEDULE the hearing…veteran lawyers forget this stuff – pay attention and you can get an advantage with small things like this! As always, be polite (especially to the court staffers).</li>
<li>Those around you will be amazed if you work hard and prepare completely. Small things matter. For example, I always take four copies of everything when I prepare (my copy is on colored paper so I can put my notes on it without risking giving my notes to the Court or opposing counsel). Early on, you may not have all the technique you want so the details will help compensate for that. For example: when our pretrial conference information sheet is due (Texas Rule 166 requires a “cheat sheet” be filed with a list of witnesses, summary of the case, estimates of time needed, etc.). Will opposing counsel remember the deadline and file? Alternatively, will his case be dismissed for want of prosecution? We are ready no matter what…our witnesses are rehearsed, our exhibits are ready, and we know how the projector works in the courtroom. Small things matter.</li>
</ol>
<p>I have cut my teeth as a litigator and now I am hungry. By this time next month, I will have a result (either by settlement or verdict) – I will update with the result in my next column and then will get back to the topics that are most relevant to non-trad law grads…starting with how committed you are to practicing law as a solo and how much you should worry about your “dream job” that may be out there somewhere.</p>
<p><strong>The question for today:</strong> why am I meeting with a corporate executive about a position in their contract negotiation division, how did I get that offer when I wasn&#39;t even looking, AND how persuasive is a six-figure offer?</p>
<p>For today, I am a non-trad law grad and a practicing (rookie) litigator. How great is that?</p>
<hr /><p>Written by Jeff Rutledge]]></content:encoded>
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		<title>Budgeting as a Solo: What You REALLY Need</title>
		<link>http://solopracticeuniversity.com/2011/04/29/budgeting-what-you-really-need/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=budgeting-what-you-really-need</link>
		<comments>http://solopracticeuniversity.com/2011/04/29/budgeting-what-you-really-need/#comments</comments>
		<pubDate>Fri, 29 Apr 2011 11:47:42 +0000</pubDate>
		<dc:creator>Jeff Rutledge</dc:creator>
				<category><![CDATA[Guest Bloggers]]></category>
		<category><![CDATA[Solo & Small Firm Practice]]></category>

		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=2381</guid>
		<description><![CDATA[Spend on what you need for your practice - really really need - nothing more. Early on, excess cost is excess risk!<hr /><p>Written by Jeff Rutledge]]></description>
			<content:encoded><![CDATA[<p>My wife and I have a pretty good division of labor in our house – each of use does the things that speak to our respective strengths – it is a good team situation. Some of my duties are the traditional “guy things” that involve minor (very minor) repairs. Therefore, I have to make occasional visits to hardware stores where I, inevitably, see some fabulous piece of hardware I would love to possess but cannot possibly justify.</p>
<p>The same thing happens when you begin the practice of law as a solo – you have a myriad of choices when it comes to resources but you have to think about what you really NEED and can actually AFFORD. The key, for me, is to focus your efforts to conserve your resources so you can keep the practice going on limited funds. I have said before that many of these decisions are personal and related to your specific goals. What I describe below are MY decisions for MY practice – do it your way but try to be conservative with your resources.</p>
<p>My budget going in was approximately $1000.00 in up-front costs and about $250.00 per month in continuing costs. This seems modest – I know that – but I promise you there is plenty of time to spend money later…you cannot get the money back if you spend too much or allocate it in the wrong areas. So, what did I choose and why?</p>
<ul>
<li>PRACTICE GUIDES: Depending on the area of law you are practicing, personal practice guides are more or less easily affordable. In Texas, we have the Jones McClure publications (featuring the famous “O’Connors Causes of Action”). These all-in-one manuals are a great desk resource. One of my supervising lawyers at the firm I clerked with said “…a hobo could practice law if he had Causes of Action…” Maybe it is not totally true, but it is not far off either.</li>
</ul>
<p style="padding-left: 60px;">Some practice guides (i.e. Nimmer on Copyrights) are not practical straight out of law school into practice – they are too expensive to purchase and maintain (you would have to purchase updates as the law changes). If you must have these publications, I suggest you just plan to make regular visits to your local law library OR get online access through a legal research service.</p>
<ul>
<li>ONLINE RESEARCH RESOURCES: I chose Lexis. It is a complicated decision and has a lot to do with personal preference. I used both Lexis and Westlaw extensively in law school so I know what both can do. My concerns were price (Lexis just seems to “get” the solo better than Westlaw), fit (I just like Lexis better), and ability to adjust as my needs change (Lexis can add or swap out resources with one phone call). You DO have to sign a contract and it is not free. However, you have to consider the risks of malpractice. In this world, this is a necessary investment.</li>
</ul>
<p style="padding-left: 60px;">[Caveat – I am prohibited by my contract from listing how much I am paying for Lexis but they are awesome with solos – you can get a great deal if you <em>negotiate &amp; select only what you really need for your practice!]</em></p>
<ul>
<li>MARKETING AND PROMOTIONS: I am not a branding expert but I am trying to create a symmetric image for myself as an attorney. This is especially important if, like me, you have another identity as a professional (I also own a publishing company). Early on, I have three basic needs: [1] A nice <span style="text-decoration: underline;">business card</span> – I chose two-sided with a custom blue that will appear on everything I use for promotional or identity purposes. [2] An <span style="text-decoration: underline;">informal</span> (this is what stationers call a correspondence card) – I use these for writing thank you notes and “nice to meet you” contacts. The art of a hand written note is going the way of the dodo bird – this is a good way to set yourself apart. You do not have to write a novel when being in contact – these cards have just enough room to say hello, make nice, and make a good impression. Do not forget to include your business card every time you send an informal. [3] A self-inking logo stamp with my phone contacts and email address (I use this to stamp books, files, and document holders).</li>
</ul>
<div id="attachment_2388" class="wp-caption aligncenter" style="width: 310px"><img class="size-medium wp-image-2388" src="http://solopracticeuniversity.com/files/2011/04/NTLG_Column_03_Pic_011-300x224.jpg" alt="" width="300" height="224" /><p class="wp-caption-text">Jefflegal&#39;s Promo Toolbox</p></div>
<p style="text-align: center;"><em>My current promo pieces – [top left] informal cards, [bottom left] both sides of<br />
my current business card, </em><em>[right] self-inking logo and identity stamp.</em></p>
<p style="text-align: left; padding-left: 60px;"><em> </em><br />
I do letterhead and envelopes on my computer – this is nearly the same quality as you would get from offset/engraved and you can adjust the content anytime you like. You can always use the digital letterhead for printing if you prefer but for the time being, especially at the beginning, this is a great cost saver. For my purposes, it helps to have all correspondence digital to start so I can archive everything. This is the way things are going – do not spend on letterhead.</p>
<p style="text-align: left; padding-left: 60px;">The next step in this process will be a web site (in progress now &amp; an additional cost to the figures noted above) – this is a great deal more involved than I really want but it has to be done right. I hired a designer in Nashville (contact information available on request) who is awesome (and reasonable price-wise). I had headshots done by a photographer here in Dallas (contact information available on request ). Professional headshots are necessary – I have been “getting by” with a blurry version now but it makes me look like I do not care…in the next week or two, you will see my new headshot on this column and you will know I do care. Before we “go live” with the web site, I have to have the State Bar review and approve the material (this is an extra expense but unavoidable as the penalties for violating advertising rules can be severe).</p>
<p style="text-align: left; padding-left: 60px;">These are all key steps in communicating when you meet someone, after you meet someone, if you leave something behind (like a book – that is what the stamp is for!), and when someone wants to find you on the internet. There is also the issue of social media (Twitter, etc.) but that is a subject for a column down the road.</p>
<p style="text-align: left; padding-left: 60px;">[NOTE – I use the same type, logo, and color scheme on everything – this is part of the branding that helps you present a symmetric and professional image.]</p>
<ul>
<li>OFFICES/VIRTUALITY: I want to point out (as I have at SPU before) that there is a great deal of disagreement about what is virtual and what is not. I will deal with that issue in a later column. That aside, I do not think there is any need for a physical office as a solo right out of law school. There are ways to do this on the cheap if you must – space sharing, office centers (Regis is a great operation), etc. I do not feel the need for a physical office but I have worked out of my home for the last 10 years or so and I have no children (I do have three dogs – one of them a puppy that requires constant attention). This is one of those personal decisions you have to make for yourself BUT remember every dollar in expense is one less in your pocket as income. I would be careful about committing to anything – you can get credit but in this economy, as a rookie solo, be careful with debt. It can crush you – many of us have law school debt so carrying more makes no sense to start. What you can do without cost is best. Besides, what is the point of buying furniture, computers, and the like if you do not have clients to pay the bills?</li>
</ul>
<ul>
<li>ASSOCIATIONS: I joined a small bar association in my area (already got a paying referral from them!). I go to the monthly luncheons – get my CLE credit – and get to meet area lawyers. It is a good deal (low annual dues), great networking, and the lunch is pretty good. In addition, the country club where the meetings are held is about 3 minutes from my home. In the Dallas area, there are more bar associations than you can join and maintain – in any case, choose one (or more if you can sustain the relationship) and go to it. Early on, it is a great way to pick up cases that busy lawyers do not want AND to meet lawyers you can refer cases that are out of your interest area or over your head.</li>
</ul>
<p style="padding-left: 60px;">I am one of those people who talks in an elevator – the skill was born in me. As a result, I meet people everywhere. The best associations are the ones you make yourself FREE without any formal structure. I have a client who is a greeter at my local Walmart; I have another client who was formerly my wife’s personal shopper at Nordstrom and now operates a stable. You do not have to pay money or have a building to get clients – especially when you are starting out.</p>
<p>The takeaway from all this is “get what you need and ignore the rest.” I suppose we would all love to justify a massive budget with luxury and all the trappings of success; the problem is that you will not get there if you invest too much – too soon – in the wrong resources. You may want that expensive table saw but if you will not really use it – and buying it means you will not have a tool you will use and really need – that purchasing decision is a mistake. You can ALWAYS spend more later…start out by keeping the initial investment and monthly burden low. That way, you will be able to shoulder the load and acquire additional resources and commitments as your practice and skills expand.</p>
<p><em>What tools are you finding essential at start up and why?</em></p>
<hr /><p>Written by Jeff Rutledge]]></content:encoded>
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		<title>Acting &#8216;Solo&#8217; With the Game in Progress &#8211; Law School</title>
		<link>http://solopracticeuniversity.com/2011/03/18/acting-solo-with-the-game-in-progress-law-school/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=acting-solo-with-the-game-in-progress-law-school</link>
		<comments>http://solopracticeuniversity.com/2011/03/18/acting-solo-with-the-game-in-progress-law-school/#comments</comments>
		<pubDate>Fri, 18 Mar 2011 11:30:13 +0000</pubDate>
		<dc:creator>Jeff Rutledge</dc:creator>
				<category><![CDATA[Guest Bloggers]]></category>
		<category><![CDATA[Solo & Small Firm Practice]]></category>

		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=2313</guid>
		<description><![CDATA[From &#34;The Non Trad Law Grad&#34; column. Since I am a brand new lawyer, I keep saying the “season has just started.” However, in many ways, the season started when I was in law school – the clock started ticking from the first day of orientation. This is the time you start acquiring the skills [...]<hr /><p>Written by Jeff Rutledge]]></description>
			<content:encoded><![CDATA[<h2><em>From <a href="http://solopracticeuniversity.com/author/jefflegal/">&quot;The Non Trad Law Grad&quot; column</a>. </em></h2>
<p>Since I am a brand new lawyer, I keep saying the “season has just started.” However, in many ways, the season started when I was in law school – the clock started ticking from the first day of orientation. This is the time you start acquiring the skills and acumen you need to succeed in practice. Even at this early point in my practice, it is clear to me that I was lucky enough to learn some things that are invaluable now that the regular season has begun.</p>
<p>Because this is a new column, I want to take a moment to lay the course ‐ where are we now and where will we go? In future columns, I intend to speak carefully as I go about how to transition from law school to solo practice – it is a very personal story but I am hopeful some readers will benefit from my successes and errors. For now, I will spend this column on the last baccalaureate view – a focused treatment of the skill sets you can develop during law school that will help you make the leap to solo practice with confidence.</p>
<p>I view law school – and viewed it while I was there – as the pre‐season where you can make a few mistakes. This is the time to refine skills and learn new skills – you will have much less time to do this once you enter practice so you had better do it when you have the chance. Almost nobody remembers the passes you dropped in preseason but, come time for the regular season and playoffs, one error or missed block can end your season. I am doing well so far in the early part of the regular season so I want to share some of what I did during the pre‐season to get where I am.</p>
<p>You will find the law school environment a great place to get free coaching – when you get out, the coaching gets a great deal more expensive and erratic. I was lucky that my law school faculty was largely composed of lawyers who excelled in private practice – in a wide variety of practice areas, firm types, and areas of the country. You should take advantage of this free coaching.</p>
<ul>
<li>PROFESSORS especially adjunct professors, are a great source of advice. They have an endless supply of war stories and tales of mistakes they made that will help you stay on the right path.</li>
<li>Career services was an excellent resource at my school – they are not sitting there with the “big book of jobs”…they can help you network properly, get internships that will help you acquire key skills, and generally be your therapist. I advise you to visit them every day. (I visited them so often, the admin used to save cherry Starburst candies for me – I figured if anything good came up, they should think of me first!).</li>
<li>PRACTICUMS AND CLINICS – I advise you to seek these out – they are an invaluable source of insight into skills that real lawyers need to survive. It’s better to take these classes later in law school when you can digest the information better. Also, don’t take these classes to the exclusion of classes that will help you prepare for the bar exam. (I took both Secured Transactions and Criminal Law Practicum…each serves a different purpose!). Law Clinics will allow you to represent real clients in real cases in real courts – in Texas, the “Associate Bar Member” program is a great opportunity. See if your area has one like it.</li>
<li>CLASSMATES – I spent a lot of time talking with my classmates to hear about their experiences. They will tell you about their past work life (many have legal experience before law school), their experience with internships, and their experiences early in practice. Your classmates are your future colleagues so it is important to get to know them – decide who you can work with (trust) – and make sure to keep in touch after law school. (I finally joined Facebook for this purpose alone – more than 80% of my 1L class is on Facebook!).</li>
<li>BAG LUNCH IN COURT – One of the best things I did after my 1L year was spend a couple afternoons a week in local courts. You cannot eat in court (not even Tics Tacs in some courts…) but you are welcome to sit in and watch anything other than jury selection (and, if you ask the judge ahead of time, he will let you watch that too!). Watch these hearing and get real experience in all types of motions, docket calls, last minute restraining orders, open/closed pleas, and all sorts of other things. This is the legal version of watching a hit‐and‐run versus somebody telling you what it is in a classroom – practical learning at its best. (Moreover, judges rarely have observers – I got to chat with more than a few at the bench after hearings because they were amazed that anyone actually wanted to watch what was going on…!).</li>
</ul>
<p>Even though the law school resources are exceptional, you have to take personal responsibility for acquiring the skills you need to survive in solo practice. If you take extra time to seek out resources and pay attention (not in the “classroom take notes” way…but in the “learning it” way), you will acquire skills that will serve you well down the road.</p>
<ul>
<li>OSMOSIS – it might sound silly but some of the skills you need will just sink in naturally. I got the reputation during one of my summers as the “Sponge” – I would observe something going on (like a plea negotiation) and then ask as many questions as came to my mind. I soaked it all in so now it seems natural. You cannot learn everything this way but you can make great progress. For example, if you have a criminal client that you know will eventually want a plea agreement, some DA’s will offer you a better deal before submission to the grand jury because you will save them the time and effort of preparing and presenting to the grand jury. You have to learn lessons like this yourself.</li>
<li>PRACTICE GUIDES– Have you been to the library yet? I do not mean to research a brief or stare at the endless rows of reporters; I mean to find out what they have that can help you in practice. In Texas, we are lucky to have practice guides for many of the state specific practice areas (Dorsaneo’s Texas Litigation Guide is a staple resource). You can also find practice guides for Federal areas (Nimmer on Copyright is the bible of copyrights). These resources are expensive – too expensive for many solos to purchase – but your library has them and you should continue visiting your school or local law libraries to find them and use them. They will not have every answer but they will save you tons of hours…find out where they are now. I promise you will thank me later. (FYI – In a later column, I am going to discuss the budget for a new solo – what you have to have and what you do not have to have…practice guides and electronic research will be an important part of this discussion – stay tuned!).</li>
<li>GET BY WITH HELP FROM YOUR TEAMMATES – I spoke briefly above about using your classmates (and letting them use you) as a resource. They will be part of your team‐coaching resource but they will also be part of your self‐coaching resource. Find out what your classmates have done right and wrong – learn from their experiences. You will find after law school when you select a practice area, you may need help from your classmates in their practice area (to answer a small question for a client). You can return the favor when they have a question about your practice area. Refer clients to each other. This is a real network.</li>
</ul>
<p>At risk of stretching an analogy too far, I think about my plan to go solo after law school as a “Playbook Secret” that was only for the team. The question is who to tell, who to tell only sometimes, and who to never tell. You will find that not everyone will be supportive of your plan to go solo and whom you tell is an important part of gathering your team around you and making sure you have as many fans as possible.</p>
<ul>
<li>DO TELL – Your family and support network should know about your plan to go solo up front; keep telling them as you go along through school and make sure they know it will be an extra (financial) burden early on. When you start focusing on particular practice areas, make sure they know so they can spread the word. (After all, your friends and family will be your best marketers early on…). Your family and friends will generally be supportive no matter what you decide to do – just make sure they know the myth of a bag of money at the end the rainbow is just that…a myth.</li>
<li>MAYBE TELL – Some of the folks at the law school are receptive to your solo plan and some are not. One of my favorite law school professors said that “…going solo right out of law school is malpractice…” He may have been right in some cases but if you are careful about when to refer out a complicated case or seek help from a bar association mentor, you can avoid any risks. (By the way, I still need a New York lawyer for a will prep client – does anyone want this referral?). The career services people might need to know, but only in the “I am considering solo…” context. You will need career services for referrals for internships and the like so it is better not to cut off any options too early.</li>
<li>DO NOT TELL – When you are interviewing for internships, do not tell them your plan is to go solo after law school. Take my word on this. (See my first column for the story about the Tarrant County DA interview). Now, this does not mean you should lie and tell them “…this is my dream job…” – you can just say this is a strong interest area and you are trying to get as much exposure as possible. When you are in an internship, keep the solo plan to yourself but DO work very hard and make them happy they offered the position to you (those who come after you will thank you). Pay attention to every detail – office management, billing, discovery, drafting, procedure, politics, etc. Keeping your solo plan to yourself will help you observe these processes and acquire skills you can use down the road.</li>
</ul>
<p>To a large extent – even though I view law as a practice among friends – you are alone in practice (that is what “solo” means, right?). You sign clients, handle cases, conduct hearings, and go to trial ALL on your own. You can benefit from the support of colleagues (many of them here at SPU) and other resources but you alone are where the buck stops. Do not take too many risks too soon lest you risk a grievance. Call on friends or more experienced colleagues for help – better to refer out a case than risk doing something to harm a client. (In later columns, I will talk about a few such referrals and how they helped me make friendships with area lawyers, avoid harm to my client, and reinforce the good judgment that will serve me for years to come.).</p>
<p>I am making the transition to practice now – I can speak to all of the comments I have made above from personal experience. The beginning is a stressful and very exciting time – you get to do all the things you dreamed about and worked hard to prepare for.</p>
<p>This is the end of the beginning – from time to time down the road, I may remind you of something you should do – or I did – during law school to prepare for solo practice. For the most part, though, everything from here on out will focus on how I am doing what I am doing every day – getting clients, managing schedules, acquiring skills, selecting practice areas, and the like. While law school was the game, it was just the pre‐season. As a licensed attorney, the regular season and post‐season are in play and every match‐up is a must‐win.</p>
<hr /><p>Written by Jeff Rutledge]]></content:encoded>
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		<title>Meet New SPU Columnist &#8211; Jeff Rutledge, Esq.</title>
		<link>http://solopracticeuniversity.com/2011/02/18/meet-new-spu-columnist-jeff-rutledge/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=meet-new-spu-columnist-jeff-rutledge</link>
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		<pubDate>Fri, 18 Feb 2011 11:30:41 +0000</pubDate>
		<dc:creator>Jeff Rutledge</dc:creator>
				<category><![CDATA[Announcements]]></category>
		<category><![CDATA[Guest Bloggers]]></category>
		<category><![CDATA[Jeff Rutledge]]></category>
		<category><![CDATA[Solo Practice]]></category>

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		<description><![CDATA[Meet new SPU Columnist, Jeff Rutledge. I&#39;ve &#39;known&#39; Jeff for almost four years via the internet, communicating back and forth, and he was one of the first to grab one of the more than 100 lifetime scholarships we gave away at SPU prior to opening back in 2009. I&#39;ve watched his journey as a Non [...]<hr /><p>Written by Jeff Rutledge]]></description>
			<content:encoded><![CDATA[<p><em>Meet new SPU Columnist, Jeff Rutledge.  I&#39;ve &#39;known&#39; Jeff for almost four years via the internet, communicating back and forth, and he was one of the first to grab one of the more than 100 lifetime scholarships we gave away at SPU prior to opening back in 2009.  I&#39;ve watched his journey as a Non Trad Law Grad (just like I was) and realized there are a significant number of you out there.  He&#39;s a great sherpa for the NTLGs so you&#39;ll find him here every third Friday of the month discussing issues unique to the Non Trad Law Grad!</em></p>
<p><img class="alignright size-full wp-image-2007" title="Jeff" src="http://solopracticeuniversity.com/files/2011/02/jeff.jpg" alt="" width="150" height="183" /><strong>The Non Trad Law Grad</strong></p>
<h2>Going Back To School</h2>
<p><strong>by Jeff Rutledge </strong></p>
<p>In the Fall of 2006, at the age of 42, I sat in a very crowded auditorium  with about 249 other new law students as we prepared to officially begin  law school. I recall looking over the sea of folks gathered there  looking for someone familiar or someone that  just looked like me. You  know, old!  Alas, there was nobody that fit that description.</p>
<p>Though the opportunity to study law is what I wanted and worked very hard to achieve, the<br />
situation  was so disorienting (it had been 17 years since I sat in a classroom) I  couldn’t help think about that Talking Heads song that asks “…how did I  get here?” That’s a very good question so I’m going to try to briefly  tell you what happened and how my age and experiences played into both  my decision to begin the study of law and ultimately how to practice  law.</p>
<p>In  the first place, I should have always been a lawyer.  I was one of  those kids singled out by the grown ups to be a lawyer.  Seriously. This  is important because the decision to study law is a life-changing one  and shouldn’t be made lightly. The rigor and demands of law school are  severe, so knowing you made the right decision will buoy you on the days  (and nights) when the going gets rough – and it WILL get rough. Life  tells you what what you’re supposed to do, it just took me longer to get  to law school than I would have preferred.</p>
<p>In  1993, I started a publishing company – we do public policy research –  and the company took on a life of its own. The work was very demanding  and fulfilling; by the time the Spring of 2005 came around, the company  had matured and we had extended the production scope to the greatest  extent possible. So, because enough is never enough, I started thinking  about the next thing…law school was on my mind once again and this time I  couldn’t shake it.</p>
<p>I  had to choose a part‐time program because, after all, I had a business  to run and didn’t have the luxury of going full time. My wonderful wife  is an Architect in practice here in Dallas. There were two schools from  which to choose as uprooting my family was not an option. Southern  Methodist University Law School was just starting their part‐time  program that year and, though the school is very good and the campus is  beautiful (plus they have Bubba Cooks Country nearby – some of the best  fried chicken anywhere), the administrators didn’t know much about how  the part‐time program would work or what the schedule would be. This did  not work for me. The other school – located in Fort Worth – was Texas  Wesleyan University (TXW) which has a law school building in the  downtown area. TXW is a young law school – accredited in 1994 – and  actually began as a part‐time<br />
evening program. So, the fit felt good right away. TXW knows and is committed to part‐time evening students; this is good.</p>
<blockquote><p>Since  I had run my own business for so long – nearly 14 years by the time I  started law school – it barely occurred to me to work for someone else.  Solo was the obvious choice. Of course, the romance of a large salary  and assistants and the corner office all sounds very nice but, to me,  that’s the nicest way to describe a prison cell.</p></blockquote>
<blockquote><p>Law  has the unique advantage of being a franchise unto itself. Much like  doctors, accountants, dentists, and architects, lawyers can simply hang  out a sign (they call it a “shingle”) on the town square that says  “Lawyer” and you’re in practice. Of course, you still need the skills to  run the business side of the practice – managing the money, marketing,  project management, and the like. This is one way in which  non‐traditional students excel – the younger students have time on their  side but they haven’t necessarily acquired the life skills and  technical skills to keep a law practice afloat from scratch. All the  things you take for granted that you have learned at all the jobs you  have had in your life are critical to success in solo practice.</p></blockquote>
<p>I made decisions throughout law school to prepare me for this eventuality. While younger students  primarily worked internships to build up their resume (to impress the  interviewers), I worked internships so I could get a better idea of  exactly what kind of law I would practice and to see what lawyers  actually do. That may sound funny but, please remember that, like all  schools, law school teaches you the theory but very little of the  practice. So, I spent time with two different District Attorney offices  (started learning about criminal law), did pro bono research for a well‐known  Fort Worth museum (started learning about in‐house law), and clerked for an  insurance defense firm in Dallas (started learning about discovery and civil  law). I also spent a year in the TXW Law Clinic representing indigent  clients in family law cases as a student attorney (Texas has a rule that  allows a student to practice law under the supervision of a licensed  attorney). In the process, I became more comfortable in the courtroom as  I started to learn courtroom demeanor, how to select a jury, how  charges are brought, how investigations are conducted, how to counsel  clients (or crime victims), how to manage discovery, and many other  skills that are the “language of the law.” I also watched carefully in  the Law Clinic to see how a law office is managed – how to create files,  do conflict checks, and the like. Without these skills, a traditional  student’s resume would be empty and your practice would start out nearly  paralyzed.</p>
<p>I  also want to tell you how to NOT get an internship – this is very  important. Your solo mentality may put you out of the running if you are  an open‐book at the wrong time. In the Spring of my second year (I was  about half way through law school), I interviewed with the Tarrant  County District Attorney for a summer internship – when asked why I  wanted to work for their office, I responded “…I figured I would work  for a DA for a couple years and then go into private practice…” This is  the wrong answer and I could tell right away the interview was over.  (This is sort of like telling your girlfriend you only want to stay with  her until someone better looking comes along!) So, I got a “no‐thanks”  letter from them two days later – I keep that letter in a file in my  office as a reminder that while you should always be honest, there is a  right time and place to volunteer your thoughts.</p>
<blockquote><p>Remember that wanting to be a solo is your decision – you don’t have to tell everyone.</p></blockquote>
<p>You will certainly have the opportunity to meet solo practice lawyers while you are in school –<br />
through  seminars, local bar meetings (most have young lawyer or law student  divisions), recent alums, and adjunct instructors. These contacts are  invaluable – both as sources of information and contacts down the road.  Pay attention – your practice starts the first day of law school. If you  start with a solo mentality, you can harvest key knowledge and skills  the entire time you are studying law. Then, you see, you will be able to  hit the ground running – that’s the key.</p>
<p>I recall two recent events – the bar exam in the summer of 2010 and my December 2010 swearing  in (by Federal Judge Ed Kinkeade of the Northern District of Texas) –  that also remind me of a Talking Heads lyric that goes “…time isn’t  holding us; time doesn’t hold you back…” This so true – the only thing  stopping you from being a solo lawyer is the desire to do it and the  knowledge you are able. I was very lucky but I also believe you make  your own luck with experience. The Talking Heads song from which those  lyrics come is called “Once in a Lifetime” – you have this great  opportunity to make the decision to be a solo lawyer deliberately with  the knowledge that you are capable and cannot fail. I did it and here I  am, years later, licensed, practicing, real clients, and real cases.</p>
<p>Time did not hold me back. Time cannot hold you back</p>
<p>Connect with Jeff!</p>
<p>Business: <a href="http://oneparadigm.com/" target="_blank">oneparadigm.com</a></p>
<p>Law Office: <a href="http://jefflegal.com/" target="_blank">jefflegal.com</a></p>
<p>(law office web site – currently a placeholder as I wait for State bar review)</p>
<p>Twitter: <a href="http://twitter.com/jefflegal" target="_blank">http://twitter.com/jefflegal</a></p>
<p>LinkedIn: <a href="http://www.linkedin.com/in/jeffrutledge">http://www.linkedin.com/in/jeffrutledge</a></p>
<hr /><p>Written by Jeff Rutledge]]></content:encoded>
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