Solo Practice University® » Rachel Rodgers

Are You Struggling with Juggling?

Rachel Rodgers — Tue, 04 Dec 2012 13:30:52 +0000

I recently read an article on Above the Law about an associate at Clifford Chance, a big New York law firm, who just couldn’t take any more stressful juggling. In her departing memo, she recounted what her typical daily schedule was like as she attempted to balance motherhood and her legal career (excerpted from the article):

4:00am: Hear baby screaming, hope I am dreaming, realize I’m not, sleep walk to nursery, give her a pacifier and put her back to sleep
4:45am: Finally get back to bed
5:30am: Alarm goes off, hit snooze
6:00am: See the shadow of a small person standing at my bedroom door, realize it is my son who has wet the bed (time to change the sheets)
6:15am: Hear baby screaming, make a bottle, turn on another excruciating episode of Backyardigans, feed baby
7:00am: Find some clean clothes for the kids, get them dressed
7:30am: Realize that I am still in my pajamas and haven’t showered, so pull hair back in a ponytail and throw on a suit
8:00am: Pile into the car, drive the kids to daycare
8:15am: TRAFFIC
9:00am: finally arrive at daycare, baby spits up on suit, get kids to their classrooms, realize I have a conference call in 15 minutes
9:20am: Run into my office, dial-in to conference call 5 minutes late and realize that no one would have known whether or not I was on the call, but take notes anyway
9:30am: Get an email that my time is late, Again! Enter my time
10:00am: Team meeting; leave with a 50-item to-do list
11:00am: Attempt to prioritize to-do list and start tasks; start an email delegating a portion of the tasks (then, remember there is no one under me)
2:00pm: Realize I forgot to eat lunch, so go to the 9th floor kitchen to score some leftovers
2:30pm: Get a frantic email from a client needing an answer to a question by COB today
2:45pm: postpone work on task #2 of 50 from to-do list and attempt to draft a response to client’s question
4:30pm: send draft response to Senior Associate and Partner for review
5:00pm: receive conflicting comments from Senior Associate and Partner (one in new version and one in track changes); attempt to reconcile; send redline
5:30pm: wait for approval to send response to client; realize that I am going to be late picking up the kids from daycare ($5 for each minute late)
5:50pm: get approval; quickly send response to client
6:00pm: race to daycare to get the kids (they are the last two there)
6:30pm: TRAFFIC with a side of screaming kids who are starving
7:15pm: Finally arrive home, throw chicken nuggets in the microwave, feed the family
7:45pm: Negotiate with husband over who will do bathtime and bedtime routine; lose
8:00pm: Bath, pajamas, books, bed
9:00pm: Kids are finally asleep, check blackberry and have 25 unread messages
9:15pm: Make a cup of coffee and open laptop; login to Citrix
9:45pm: Citrix finally loads; start task #2
11:30pm: Wake up and realize I fell asleep at my desk; make more coffee; get through task #3
1:00am: Jump in the shower (lord knows I won’t have time in the morning)
1:30am: Finally go to bed
REPEAT
Sound familiar?

I read another article today about stress. The author, a life coach with a diploma in stress management, suggests that there are really only two causes of stress in our lives: 1) lack of choice and 2) lack of autonomy. Every single stressful experience in our lives could be traced back to one or both of these sources.

Thinking about this in the context of the departing associate, its clear that she felt a lack of autonomy in her job because she had to seek approval from multiple supervisors before she could even respond to a client’s email. Like many women lawyers, she probably also felt like she had no choice but to keep juggling and keep repeating this nightmare day after day with no real quality time with her family, no sleep and never getting in front of her neverending to do list at work. Why? For the sake of maintaining the legal career she had worked so hard to obtain and so that she could support her beloved family. Worthy causes, I’d say.

But does it really have to be this way? Do we really have to endure such misery in order to have a family AND a legal career?

This type of nightmarish schedule is exactly why I decided to go solo and start a virtual law office. Running your virtual law office certainly does not end all juggling (I have a toddler climbing on me as I write this). But having the autonomy to decide exactly what kind of juggling you’ll do changes EVERYTHING. Having the option to take a case or not, to work today or not, to stay home with your child when she’s sick, to make more money or choose more free time, to go on vacation, to work late because you want to, to get enough sleep, to accept a speaking engagement, to go on a date with your significant other – makes balancing your legal career and your personal life SO much more enjoyable.

So what should you do if you feel stuck in a situation where you have no autonomy and no options?

The life coach suggests a reframe. “The whole point of reframing is to change the way you look at things. In other words you’re choosing to decide how you view things and that is very empowering.” Whether we continue to feel trapped or not is entirely up to us. Yes, quitting your job may be scary or creating the practice you have always dreamed about may seem terrifying. There are certainly risks. As the sole breadwinner in my household, I know exactly how scary it can be to put your income at risk when you have a family depending on you. But I find it much scarier to be miserable year after year and doing nothing about it!

Instead of believing that you are stuck with no autonomy and no options to change your situation, why not reframe those thoughts? Accept that you CAN change your situation, if you want to. When you start thinking that way, options you never saw before will reveal themselves and you’ll learn how to transition into a life you love with no catastrophic consequences necessary.

What negative thinking has you feeling trapped? How can you reframe your thoughts to see all the options before you?

Written by Rachel Rodgers

The Ugly Side of Solo Practice

Rachel Rodgers — Tue, 18 Sep 2012 12:00:28 +0000

“If I can make it here, I’ll make it … anywhere.”

- Frank Sinatra, lyrics to New York, New York

In most of my writing, I focus on the positive aspects of practicing law as a solo. It’s not because I want to dupe recent law grads and other attorneys into following in my footsteps. The real reason why I tend to talk about how amazing going solo is … is because going solo is pretty amazing. It has been a tremendous experience of growth in my life and led to the career satisfaction I once thought was not achievable in the law and remuneration (to pay back those pesky loans!). So how could I not evangelize about its many merits, right?

That said, there are a few not-so-amazing aspects of solo practice. And while the benefits of designing my own law practice have outweighed any of this sucky stuff, by far … I thought I would share a short list of what I deem to be the ugly side of solo practice.

1. Client Resistance. Legal fees are like taxes – a necessary evil. And like taxes, when it comes to legal people try to avoid handing over their funds like the plague. No one really enjoys paying legal fees. So you may feel like you are fighting an uphill battle in that no one really wants to buy what you are selling. And some folks will try anything to avoid hiring a lawyer. Hence, the rise of Legal Zoom and a nation of pro se litigants. Early on, there were days I wished I was a web designer instead. Seems like everyone wants to spend their money on a pretty website, right?!

Even though it can be frustrating to talk to some potential clients who don’t see the benefits of registering their intellectual property or are convinced that they can handle their own complex divorces themselves, there are still plenty of people out there who need (and understand the value of) a solo’s services.

2. Regulations. The law is a highly regulated profession. There are many regulations to sift through in order to conduct a law practice. Not only do you have to deal with state and federal limitations to where and how you can practice; you’ve accepted the responsibility to know, understand and comply with the professional rules of responsibility as well as the huge amount of ethics opinions and court opinions interpreting said rules for every state that you are admitted in. It is a necessary but exhausting.

Lucky for us, we lawyers are trained to do legal research. Its the one aspect of solo practice that law school actually did prepare us for. So go ahead and dig in to those rules and opinions! It might be a major time-consuming pain, but I liken it to shopping for the perfect dress – there’s always a chance you might find something really interesting.

3. Administrative Time & Costs. Due to the highly regulated nature of the legal profession, as a solo you must spend a significant amount of time and money on complying with all of those regulations. You have to maintain your law license which involves staying on top of annual registration applications and dues. You have trust accounting requirements and CLE’s to battle. When you work for a firm or government agency, they take care of much of these administrative requirements for you. They hold in-house CLE classes or provide you with a complimentary membership to a CLE provider. They may even have a department that automagically handles your license maintenance and all you have to do is provide a signature.

Of course, me being the uber-positive person that I am, I think there is a really positive side to these challenges in solo practice. The truth is that if you can build a successful law practice with all of the restrictions on how you practice law and the inherent client resistance you have to overcome, then you can build pretty much any other business. Unless you want to build a commercial spaceship, you will probably not face as much regulation in any other type of business, as you do in the law. In this economy, that is powerful because knowing how to build a profitable business is the only thing that can provide you with job security.

So its true, I do wish it was someone else’s job to remember the deadline for my attorney dues and figure out which CLEs I have to take. However, I’ll take a little bit of trust accounting if it means having the freedom to practice law the way I want to and having a flexible lifestyle that allows me time with my family and time to travel.

Written by Rachel Rodgers

Why Young Solos Want to Partner Up and What They Should Do Instead

Rachel Rodgers — Thu, 10 May 2012 11:30:14 +0000

Should I partner with another attorney when starting my practice?

This is a question often asked by young lawyers who want to go solo. And the answer often given by seasoned solos is either ‘no’ or the more emphatic ‘hell no.’ This response is usually accompanied by a horrifying story of a partnership gone bad that wrecked the credit, reputation, sanity, etc. of one or both of the partners. Hence, the response, don’t partner up.

Why Young Lawyers Really Want a Partner

Few of the young lawyers seeking a response to this oft-asked question are really looking for a partner. I think what these young lawyers are really looking for (as I was when I was in their shoes not long ago) is confidence.

These young solos are scared. For many of them, every lawyer that they share their solo plans with has negative things to say. Having a partner gives them someone to share their struggles with, someone to review their work and someone else with the seemingly-crazy idea of going solo. It also means instead of just having a solo practice that rests squarely on their shoulders, they have a “real” firm with more than one attorney. This gives young lawyers starting out a sense of legitimacy.

While some young lawyers will greatly benefit from partnering with the right person, having a partner in their solo venture will not solve the ‘lack of confidence’ problem. Additionally, the loneliness, responsibility and work review can be dealt with in a much simpler way.

What Young Solos Should Do Instead

As many a seasoned solo has told a young solo, taking on a business partner is like getting married. Therefore, finding the elusive “right” partner is like finding a spouse - often requiring years of searching. And, of course, maintaining the relationship is just as much work as maintaining a good marriage.

As any married person will tell you, being single is much simpler than being married. And the last thing a young solo needs is to further complicate the process of starting and running a law practice.

The fears that come up when considering the solo life can be resolved with one bold action:

Put yourself out there.

Announce your freaking firm to the world! Tell every lawyer, law student, recent grad, law professor, judge you know that you’re going solo. Attend conferences and other networking opportunities and tell the lawyers you meet that your a new lawyer and you’re going solo. And don’t say you’re thinking about it when you’ve really already decided it. Don’t downplay what you’re doing. Talk about it. Don’t sheepishly hide in your office. Put yourself out there.

Do this, even though you may run into negabots who will not be supportive of your solo plans. In my experience and the experience of many other young solos I know who have done this, you will make connections with colleagues who remember the fear (and exhilaration) they experienced when they went solo. They will support you. They will respond to your emails and send you resources. They will become mentors and friends.

That’s how you obtain mentors who can give you guidance and a boost of confidence when fear comes up. That’s how you obtain solo peers you can commiserate with when things are tough and celebrate with when things are going great. Its also how you get advice and referrals, find out about relevant events and develop a community of cheerleaders and friends in fellow lawyers. Coincidentally, its also how you will find the right business partner, if that is the right path for you.

Written by Rachel Rodgers

Taking Care of Clients and Baby

Rachel Rodgers — Wed, 02 May 2012 11:30:58 +0000

“Our bodies are well adapted to this state of affairs and respond appropriately when conditions deviate from their optimal state. This ability of an organism to maintain equilibrium (balance) by adjusting appropriately to the external environment is known as homeostasis. And there in lies the key to understanding balance. Balance is the taking of appropriate action when circumstances dictate so as to maintain equilibrium.” – Stephen Cox, Pick the Brain

I have two babies. One is almost 2 years old. The other is 6 months. One is a virtual law office. The other is a smiley baby girl. Both come with much responsibility and joy (although, admittedly, my little girl is usually more fun than my VLO).

VLO + Baby = Wonderful but Crazy

Needless to say, life can get very messy when you’re a stay at home parent and work from home lawyer . . . all at the same time. That being said, I always intended to be a mom that flitted around the world with my child. I pictured myself managing a career with a baby on my hip. Of course, its not quite as glamorous as it was in my pre-parental fantasy (the clothes are not as nice!) but it is pretty awesome.

So far I have taken my daughter to 5 business lunches, 2 business trips and 1 conference. I have found that toting around a cute baby can be a great way to connect with people. And somehow I manage to actually accomplish quite a bit of work each week, to boot. I am very lucky to have some clients who are also parent-entrepreneurs, so it can be a point of commonality.

Of course, it ain’t all roses. I have been sleep deprived for so long that 5 hours of sleep feels like a good night’s sleep at this point. There have also been times that I’ve had to make tough work versus baby decisions. For example, I had to bow out of being a presenter at LexThink.1 (formerly Ignite Law) and miss the ABA TechShow because my childcare plan did not work out.

That said, as tough as some days are (and trust me somedays are really killer!), everyday my heart overflows and I feel so grateful to have such an amazingly full life.

What Keeps Me From Pulling My Hair Out

If there is a baby and law office in your future, here are the three things that have prevented me from pulling my hair out lately:

1. A Balanced & Productive Day = Breaks + Eating + Napping + Movement + Actual Work. The hardest part of working and taking care of baby is being interrupted. Its difficult to be efficient when you are in your zone and baby suddenly needs a diaper change. After the diaper change, you’ve got to get back into your zone. This can go on all day. What works for me is to accept those breaks and use them as opportunities to eat, take a short walk or even a cat nap. Despite the frequent breaks, I keep getting the same amount of work done by the end of each week (much to my surprise, at first). When you’re a parent with so much to manage, you can become extremely productive at times because you know there may not be another opportunity for a while. And as a fellow lawyer-mom told me recently, you do start to get used to switching between mom and lawyer all day.

2. Delegation For The Win! I have a virtual paralegal who is amazing and really helps keep work moving along in my practice. I also have a fantastic virtual assistant to whom I delegate administrative tasks and some of my marketing and technical needs. I haven’t hired anyone to help me with childcare yet but I plan to in the near future (like next week!). Even if you feel you don’t have much money for delegating, sometimes you can work out a trade of services or payment terms (like being billed at the end of the month after you’ve been paid by your clients) that don’t create cash flow nightmares. Even delegating just one or two activities can make a big difference. Delegation is my sanity saver!

3. Good Enough is the New Perfect. When my daughter was just a few weeks old, I listened to Susan Cartier-Liebel’s audio interview of Holle S. Temple, the author of Good Enough Is The New Perfect: Finding Happiness and Success in Modern Motherhood. Thank God I did! This provided me with some perspective and started me down the path of letting go of my vision of perfect parenting perfectly balanced with a perfect career (that’s a lot of perfect!). While it was hard to accept that making organic baby food from scratch everyday was SO not gonna happen, it was also liberating. Changing my mindset has given me the freedom to just deal with life as it comes and be okay with things not going according to plan (most of the time). At the end of the day if baby is well taken care of and clients are well taken care of, that’s one for the win column despite what else remains undone (like the pile of dishes currently in the sink).

Taking care of a baby and running a law practice is not for the faint of heart (or the perfectionist) but it is definitely doable and can make for a wonderfully full life. I recommend embracing flexibility, having a good sense of humor and a little wine (after the children and the clients are asleep, of course).

Written by Rachel Rodgers

‘Closing The Deal’ – The Lawyer’s Version

Rachel Rodgers — Thu, 02 Feb 2012 12:30:47 +0000

A-B-C.

A-Always,

B-Be,

C-Closing.

Always be closing,

always be closing.

- Alec Baldwin as Blake in the movie Glengarry Glen Ross (see a clip of this great scene here)

Focus on Closing

My first couple of months as a solo, I spent a lot of time talking to prospective clients. At that time I was offering free consultations. During these consultations I would give away the milk, which meant that very few potential clients were buying the cow. Even worse, I didn’t clearly express to my prospective clients what the cow was and why it was worth my fees to get it. I had no idea what the hell I was doing and was quite perturbed that many of these prospects weren’t becoming paying clients.

Unfortunately, how to sell is among the myriad of things that we lawyers need to know yet didn’t learn in law school. When I was just starting out, I didn’t understand how important the mantra, “always be closing” really was. After months of being disappointed at how few clients I had, I realized that closing clients needed to be my numero uno priority.

Now I have a method that keeps closing at the top of my mind at all times. You should try it:

Get a whiteboard and write down how much revenue you want to make this quarter. (Go ahead. I’ll wait). Under your goal number, write down how much you’ve made so far this quarter and subtract it from your goal number. The new total is how much you have left to make. Be sure to include the date every time you update the board – it adds a sense of urgency. Now every time you get paid, deduct the amount of revenue to date from your goal number. Here’s an example:

Goal for Q1: $20,000

Revenue to Date (2/2/12): $ 6,500

Need to Make: $ 13,500

By doing this you will have the exact number you need to make staring you in the face everyday. Its amazing how that number can keep you focused on acquiring clients so you can meet the bottom line. Remember, that

what gets measured, gets managed. – Peter Drucker

Selling Isn’t Icky

In addition to not knowing how to sell, we lawyers often feel uncomfortable selling. I’ve heard lots of lawyers and other service professionals say that selling makes them feel icky. They say, “I don’t want to force anyone to buy from me.” This position requires a re-frame. Thinking that you are forcing someone to buy from you is giving yourself too much credit. No one can force me to part with my money if I don’t I want to (except the IRS and an armed robber); likewise for your potential clients.

Instead, realize that you offer a valuable service and people need to know that your service is available and understand how it can help them. I can’t tell you how many emails and phone calls I have received from giddy prospects who are thrilled to discover my practice. If I wasn’t spending time sharing information about what I do, people I can help would never know I exist and therefore, never be able to benefit from my services. My point here is that people WANT to buy from you.

When you have a new prospect in front of you, do these three things with an eye towards either closing the sale or discovering that you and this prospect don’t belong together. (Either one is good. You don’t want to work for someone who isn’t a good fit for your practice anyway – it will only lead to headaches.)

1. Listen. Spend lots of time listening very carefully and asking open-ended questions. The more you listen to your potential client, the closer you’ll get to understanding what they truly want. When you know what they really want, you can express the reasons why your services are valuable to them. Additionally, knowing a lot about your potential client will help you to frame the conversation when it comes to discussing fees.

2. Educate. By being a good listener, you will make the potential client feel comfortable that you understand what they need. Then you can spend time educating the client about the particular legal issue their facing and how you can resolve it. Sharing a small portion of your knowledge will help the prospective client trust and believe in your expertise. It will help them understand their options and the true value that you can bring.

3. Close. Once you have spent some time listening to your clients wants and educating your client about the legal issue and the value that you bring, its time to close. Closing is pretty simple, just ask them if they would like to hire you. If they say no, you can move on. If they say yes, you can take the next steps to making them a client (collecting an intake form, sending an engagement agreement, accepting payment, etc.). If they say maybe, let them know you’ll follow up in a specific amount of time (2 days, one week, etc.). Then when you follow up, if they still don’t have a definitive answer give them a deadline by which to decide. When the deadline arrives, if they haven’t said yes, remove them from your sales process. Perpetual maybes can be an enormous time suck. Cut them off and move on.

Ideally, you should want exactly what your prospects want: the satisfaction of their desire or the resolution to their problem. – Josh Kaufman, The Personal MBA

Selling is only icky if you’re selling something you don’t believe in to someone who doesn’t need it. Your true goal is to deliver your services to clients who need them. So don’t make it hard for your potential clients to buy from you. Focus on closing for your benefit and theirs.

Written by Rachel Rodgers

Step 1 – Get Clients.

Rachel Rodgers — Thu, 05 Jan 2012 12:30:30 +0000

I was having a conversation with a fellow Gen Y lawyer about whether or not she should go solo. Together we brainstormed how she could go about using her unique experiences to create her own solo practice. We talked about what kind of law she could practice, what kind of clients she could serve and what kind of marketing she could do. We even talked about some of the technology she could use. At the end of the conversation, she asked,

“So what do I do now?”

I guess we never got around to discussing the actual steps of setting up an operating law office. And I planned to write a whole long article about the operational steps I took to set up my practice. But . . . I got stuck on step one. Its the most important thing and, therefore, the first thing you should do after you decide to go solo: Get Clients.

Really? Getting clients is the very first step?

Yep, sorry to disappoint but that is step one (unless you count passing the bar – but that’s a given). I know its way more fun to design a logo and purchase fancy letterhead and business cards but you won’t be needing any of that stuff if you don’t get some clients. Lucky for me, I read an article by Lee Rosen before I went solo. Lee’s advice was to try to actually practice law as a solo before setting up all the law office bells and whistles. He recommended contacting friends, family and colleagues and letting them know that you are open for business and ask them to refer clients to you. Then get a few clients (or even just a client). Then do the work. Then decide if solo practice is really for you.

I highly recommend this method. Especially because I have seen quite a few lawyers spend the time and money to set up a practice with all of the bells and whistles, only to abandon it a few months later when they are offered a job or some other realization or circumstance takes them away from solo practice. Why spend the time and money building up a practice that you may quickly decide to close? Plus, it doesn’t help your reputation to have run a very short-lived practice. Why not test the waters under the radar first? Then once you are sure its right for you, announce your new bells and whistles-laden practice with all the fanfare you want.

And . . . how exactly does one acquire said clients?

When I tell my peers who are thinking about going solo to send a simple email or letter to the folks they know announcing that they are open for business, they all nod in agreement. But they never do it. Its the advice that no one takes.

Maybe you don’t want to do it because its uncomfortable to announce this new thing your doing and you’re a bit uneasy about it. You don’t want tell all of the people you know because it may not work out and then everyone you know will know you failed. Well that’s precisely why it works! When people who already know you and like you learn that you are taking a risk starting your own practice and need their help to succeed – they will want to help you. In fact, I bet many of them will go out of their way to help you find your first client.

Maybe the reason you won’t do it is because you feel like you’re not a real lawyer unless you have an office with bookcases filled with leather-bound books, a secretary to answer your phone and business cards printed on linen paper. You may see yourself this way but your friends and family don’t. Most people probably thought of you as a lawyer the moment you started law school. (Remember that BBQ the summer after 1L year when your uncle asked you for a legal analysis of the property line dispute he was having with his neighbor? Or maybe that was just me). Maybe other lawyers will put you down and make you feel like you’re not a real lawyer. But don’t listen to them. And if you want to hear from a fellow attorney that you are the real deal, just ask me.

If you have some other way to quickly get your first few clients that does not require spending money, by all means have at it. If not, then you need to send the announcement today. Its the fastest way to get your first few clients – so you can try your hand at this whole soloing thing.

I wish you many new and excellent clients in this new year!

Written by Rachel Rodgers

How to Dabble in Delegating

Rachel Rodgers — Thu, 01 Dec 2011 12:19:29 +0000

During my college years, I spent a month living in Nigeria. My Nigerian host family consisted of a mom, dad, four daughters, one son and one son-in-law. That is a whole heck of a lot of people to share tasks with. For example, meals were a coordinated ballet and everyone played a role. Two of the daughters were tasked with going to the market to buy the meat, the son’s job was to escort his sisters to the market and help carry the packages. The eldest daughters would prepare most of the meal and mom would coordinate all of the these players and tasks. Dad was the provider. And son-in-law would bake desserts.

In my little family of three there are far too many tasks that need to be done and not enough people to do them (of course, one of us is only six weeks old so she doesn’t have too many chores yet). The same is true for my practice, there are far too many tasks for little ‘ol me. Especially since that six week old I mentioned, takes up a lot of my time.

Enter Delegation (or The Fear of Delegation)

If regular folks realize the need to farm out bits and pieces of their random household chores, why don’t more solos (especially new and young solos) realize their need to delegate business tasks? The reason is we’re scared. Sure, we’re scared of not having complete control and scared that they’ll do it wrong. But most of all we’re scared we can’t afford it and scared to increase our overhead.

Unfortunately, we usually need to start delegating just before we are financially comfortable doing so.

Thanks to the rise of virtual assistants and virtual paralegals, there are easy ways to start dabbling in delegation without taking the risk of hiring a full-time employee.

Dabbling in Delegation

Just before hitting the one year mark, I realized that I could not keep working like I was without making myself miserable. Plus, I had a baby on the way, and knew things would have to change once my daughter was born. (Did I mention, that said daughter arrived over 2 weeks early leaving many of my maternity leave plans not quite set just yet?). In addition, there are just some things I don’t like doing or that I’m not very good at. Sure, I can enter all of my business transactions into QuickBooks but do I want to? Hell no!

Of course, I also wasn’t making as much money as I had hoped I would before starting to hire people. There was a number in my head that I was supposed to reach before having the luxury of an assistant or paralegal. Due to my need to sleep and the fact that I have a finite amount of productive working hours in me each day, I knew I wasn’t going to make it to that number.

Burn out is very real. We’ve all heard horror stories of lawyers winding up in the ER or worse, due to the health complications that occur when you are stressed out and overworked. More likely though, being overworked will sap the joy out of running your practice and you’ll stop having the energy or desire to keep doing it. I didn’t want that to be me.

So here is how I started to dabble in delegating:

1. Get a referral! I had no idea what exactly I needed to delegate or who I needed to delegate to. So I asked my mastermind group for referrals. I got a list of highly recommended virtual assistants that friends of mine worked with and loved. I set up a consultation with each of them.

2. Choose one time consuming task to outsource. During the first consultation, I told the VA about my practice and asked what types of things I could potentially outsource. She gave me great ideas and helped me realize that there were quite a few administrative tasks that I took a really long time to do because they just weren’t my strengths or because I was learning as I went. One of which was management and set up of my mailing list. It took me a long time to set up and it was pretty poorly executed. So I decided that moving my mailing list over to an email marketing service and setting up well-designed newsletter templates would be the first task.

3. Purchase a super small block of time for the first task. I purchased a 5 hour block of time for a few hundred dollars with no strings attached. We both understood that she would handle the first set of tasks and then we would decide whether we were a good fit. If we did enjoy working together, we would work out terms for going forward. Don’t be afraid to ask for terms that will fit your business. If you only want to purchase a few hours per month for the first month or two, just ask.

4. Set up a collaboration system. That sounds more complicated than it is. I just set up a free Basecamp account and gave my VA access, however you can choose any secure collaboration service you like. This service made it really easy to set up to-do lists with deadlines, share documents and passwords and send each other messages.

5. Set clear expectations and provide honest feedback. Be sure to provide your VA with a deadline and clear instructions and expectations. I learned from my Nigerian host family that everyone is happier and things run smoothly when each person understands their role. The relationship only helps your business if everybody is clear on what the expectations are. After the first set of tasks is complete, schedule a quick call with your VA to determine how it went. Be clear on what went well and what could be better. Keep in mind that there is a learning curve in the first set of tasks because no one knows your business like you do.

6. Jump for joy! Then rinse and repeat. When you have been hustling hard for many moons, having someone knock out a task for you AND do it well (or better than you would have) will put a big cheesy grin on your face. You will be addicted and you will (eventually) hire someone else. After a few months of working with my stupendously awesome VA, a fellow lawyer referred a virtual paralegal to me. The first project she worked on was done quickly and efficiently and took a whole lotta work off my plate.

Just Do It!

Bottom line: I knew my practice could only grow so much if I didn’t start delegating. Having help is slowly but surely increasing my quality of life and growing my practice. I’ve experienced growth that is directly related to the tasks my team helped me with. Plus, like I learned from my Nigerian host family, working with others brings a sense of community and makes work so much more enjoyable.

Written by Rachel Rodgers

Adding an Of Counsel to Your Practice

Rachel Rodgers — Thu, 06 Oct 2011 08:30:34 +0000

I was recently asked the following question by a fellow young solo:

“I am contemplating [adding an Of Counsel to] my practice and wanted to see what your thoughts were in general and specifically – any advice you might have in setting up that kind of relationship.”

What is an Of Counsel?

Of Counsel adj. reference to an attorney who is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation. This designation often identifies a semi-retired partner, an attorney who occasionally uses the office for a few clients, or one who only consults on a particular case or on his/her specialty. Putting the name of the attorney “of counsel” on a law firm’s stationery gives the office the prestige of the lawyer’s name and reputation, without requiring his/her full-time presence. Source: The People’s Law Dictionary.

In the ABA’s Formal Opinion 90-357 (1990), an Of Counsel relationship is defined as one where an outside lawyer has a “close, regular, personal relationship” with the firm to which it serves as Of Counsel. This means that you should not designate a lawyer as Of Counsel simply because you share an office space or you work together on one case. In the above Opinion, the ABA gives four examples of qualifying Of Counsel relationships:

A part-time lawyer within the firm;
A retired partner of the firm available for consultation;
A new, lateral attorney who is on a probationary period before being named partner; and
A lawyer who is a senior attorney with the firm but is not on the partnership track.

Of course, these are examples and do not define all potential Of Counsel relationships.

What is the purpose of adding an Of Counsel?

For the new or young solo, the purpose of adding an Of Counsel to your practice is typically to obtain a close, regular, personal relationship with an attorney who can add particular expertise or experience to your practice for the benefit of your clients. In other words, the point is to beef up the available brain power, expertise and client offerings in your firm. In addition, if it is a more experienced attorney, you get the added bonus of a close mentor.

For example, let’s say you have a family law practice and have the opportunity to take on some international family law cases which are fascinating to you but also somewhat daunting. You may decide to bring on an Of Counsel with a particular expertise in international family law that can lend his or her experience and expertise to your firm’s international family law cases.

In his book, How to Start & Build a Law Practice, Jay Foonberg provides another scenario in which it may make sense to add an Of Counsel to your practice. Jay advises against two competent yet inexperienced lawyers starting a practice together (“As a general rule, two new lawyers getting together will accomplish very little except to prove that two can starve to death at least twice as fast as one”). Instead, Jay recommends establishing an Of Counsel relationship, where each lawyer creates their own solo practice and each solo serves as Of Counsel to the other’s firm. If you have ever been through, or seen someone close go through, a divorce, I don’t have to tell you how financially and emotionally obliterating a failed partnership can be. This Of Counsel arrangement is a test run for a partnership and essentially allows both lawyers to “try before they buy.”

So, how do you do it?

If you think adding an Of Counsel will enhance your law practice, the first step is to find one with the particular experience or expertise you believe will benefit your firm and your clients. Believe it or not, this is a fairly straightforward process – just ask. If you already have a relationship with the potential Of Counsel, go ahead and approach them with your proposed offer (but make sure you are presenting a scenario that has some benefit for them – no one wants to do additional work just to do you a favor). If you don’t already have a lawyer in mind, ask around your attorney network and let them know you are looking to establish an Of Counsel relationship with a particular type of attorney. That’s what I did and it worked out swimmingly.

Once you have found your new Of Counsel, you’ll need to put the Of Counsel relationship in writing. If you’re concerned with keeping overhead low (which all firms should be), then you will likely want to establish an independent contractor relationship, rather than an employee relationship, with your Of Counsel. In terms of compensation, try to work out a fee splitting arrangement where the Of Counsel gets paid when the firm gets paid by the client (this will prevent cashflow issues). Be sure to review your state’s fee splitting rules to ensure compliance.

Additional terms to include in the Of Counsel agreement are the term of the relationship, the duties of both the Of Counsel and the firm, malpractice insurance coverage (be sure to include who will foot the bill), the means and or tools that will be used to collaborate on cases and other rights and liabilities of both parties. Also, keep in mind that if your Of Counsel is practicing law with another firm or as a solo, you will likely need to perform conflicts checks when your firm takes on new clients. Different states have different rules when it comes to conflicts checks with an Of Counsel, so check out your state’s rules and call your state’s ethics hotline, to be sure.

An Of Counsel arrangement can be very rewarding for an experienced attorney who may be pursuing other interests but enjoys mentoring young lawyers or wants to continue to handle legal work in a less demanding arrangement. (Plus, who doesn’t love a little side money?). For the young lawyer, having an Of Counsel can be an enjoyable way to hone their skills in a particular area of law and to work with another attorney without taking on huge financial risks.

Written by Rachel Rodgers

What I’ve Learned My First Year Flying Solo

Rachel Rodgers — Thu, 01 Sep 2011 11:30:45 +0000

One year ago today, with great excitement and much trepidation, I launched Rachel Rodgers Law Office. There was no fanfare – no flashing lights, no balloons, no fancy office or website and not even fancy business cards. It was just me, my laptop, 3 precious clients who I still adore for believing in me and a whole lotta guts. As I sat at the same desk I had studied and worked at throughout law school, bar study and a judicial clerkship in my little, quiet apartment, my wildest dreams could not have imagined what would occur in the year to come.

So today, to celebrate with all of you, I want to do a couple of things. First, I want to tell you the things I wish I had known on that official launch day, so that hopefully it will help those of you who will be starting your own solo practices soon. Second, I want to tell you the things I’m glad I knew and did, also in the hopes that it will help soon-to-be-solos. Lastly, I want to encourage you to get past your fear and allow your own wildest dreams to come to fruition.

Things I Wish I Had Known & Things I’m Glad I Knew

1. Everything is a test. When I started, many of the decisions I had to make scared me. What niche do I want to focus on? Should I spend money on making my workflow more efficient? Should I charge for consultations or not? I was terrified of making the wrong choice. Over time I realized that there really is no wrong choice. Because in business, everything is an experiment. Try something new and see how it works for you. If it doesn’t work, you can scrap it and learn from it. If it does work, hurrah! Even then you may want to tweak it to make it work more efficiently. So remember that every hypothesis needs to be tested. And negative results of the test are not a failure on your part. Instead, the results are a win no matter what because now you know what works and what doesn’t.

2. Establish a good accounting system on day 1. This one is a hard lesson I had to learn. I used an excel spreadsheet to track my business expenses and income for most of the first year. I dabbled with one or two software systems, none of which seemed to really work for me. Eventually, I broke down and implemented QuickBooks in my practice and I have to agree with many who told me its the best accounting software there is for small businesses. This is something I definitely wish I had done from day 1. Of course, on day 1, I couldn’t imagine actually having real income and expenses that required such software but trust me, it will happen. And I want to spare you the hell I experienced when I had to enter every expense and every bit of income my business had in the past year into QuickBooks. Spend the $150 to get good accounting software now. Trust me, you’ll thank me later.

3. Don’t spend a dime on marketing advertising. This falls mostly into the things I’m glad I knew category. Through surveying other solos, relentless reading on the topic and diving into the social media scene before I launched my practice, I realized that much of the high quality marketing I needed to do did not involve spending money but did involve substantial amounts of time. Luckily, as a new solo I had more time than money anyway. The time I have invested to market myself and my practice has not only been enjoyable (I really enjoy writing and connecting with people through social media) but has yielded great results such as new clients, press, expansion of my network and speaking engagements. In the past year, I have spent no more than $500 on advertising and that money did not result in any new clients. So save your money on advertising and start writing and connecting with people.

4. Have CEO days. Being a lawyer and being a CEO is almost like being a ballerina and being a truck driver. They are completely different roles! And its hard to put your CEO cap on when you are knee deep in legal work. Therefore, I have learned to create time and space for CEO days. These are days where I do a business assessment. I consider where my practice is in terms of various measures for growth and then research and/or implement new infrastructure, technology, services, etc. Sometimes these days just involve brainstorming new ideas for my business based on where I want it to go. CEO days are hugely important so I highly recommend blocking off time for this in your calendar from day 1.

5. The less start up money you have, the better off you are. During my researching days, before I started my practice, I talked to solo and small firm lawyers who had spent large amounts of money on things like Westlaw accounts and radio ads. These lawyers shared with me that they regretted spending the money after realizing there were less expensive ways to do research and marketing (and probably everything else). When you have start up money, you spend start up money, usually on things you don’t need. So rejoice if you have little to invest in your practice, you are better off. There is very little needed by way of start up funds for a new law practice, anyway. You’ve already spent large sums of start up capital on law school tuition and taking the bar. Better to focus on getting those first few clients and bootstrapping.

6. Ask an absurd amount of questions. You may notice a theme on this list is that I learned some things by experience over the past year but I learned even more by asking questions. Maybe its the fact that I have a big sister whose mistakes I had the benefit of learning from that makes me insistent on learning from others. In any event, its really worked for me. So I encourage you to ask an absurd amount of people an absurd amount of questions! Ask questions of every solo and small firm lawyer as well as every potential client. It’s true that there are some things you can only learn by experience but there is a whole lot more you can learn from others who have done it. And you’ll be happy to know that solo lawyers are among the most generous people in the world when it comes to sharing their knowledge (yes, that is a fact). See for yourself!

What Are You Afraid Of?

One of the reasons I love writing this column is that I get to be a guinea pig for all the soon-to-be-solos out there. I hope that by sharing my experiences and showing you that I am still standing, that my life hasn’t imploded and that I haven’t been kicked out of the universe, you will be able to get past your own fears about taking the solo leap.

I know what its like to deal with paralyzing fear of taking a chance to make your dreams come true. I was terrified to go solo. I wondered what people would say. I wondered what I might lose. I wondered if I would fail. I still deal with fear all the time. Sometimes I am fearful that I’m taking my business in the wrong direction, that the phone will stop ringing, that (fill in the blank).

And then I think about not doing the things I really want to do. And that always looks way worse. I can’t imagine my life without being an entrepreneur. I can’t imagine my life without being a lawyer. I can’t imagine my life without writing about it. These things are so core to who I am, they’re my gifts/talents/superpowers, whatever you want to call them. I wouldn’t be living if I didn’t live the life I want to live.

So if you are a young lawyer considering starting a solo practice or anyone else considering going after your very own precious dream so you can share your very own precious gifts/talents/superpowers, don’t ask yourself only, “what if I fail?” Also ask yourself, “what will my life be like if I succeed?”

Here’s to many more years of living the dream for you and I, both!

Do you have any more tips you want to share after YOUR first year flying solo?

Written by Rachel Rodgers

Ethics Should Not Be Used as a Weapon Against Young Lawyers

Rachel Rodgers — Tue, 09 Aug 2011 11:30:17 +0000

Let me start off with a warning that as I write this column I am angry. I’ve decided enough is enough and am now willing to address this issue, and the attorneys who do what I am about to describe, head on.

‘Ethics’ is a Dirty Word

Professional ethics is supposed to be a code by which we lawyers operate to ensure that we are maintaining the highest level of integrity as we practice law. Unfortunately, many experienced attorneys have taken to using the word “ethics” and all of its connotations as a weapon against any attorney serving their clients in a way with which the criticizing attorney is unfamiliar or does not approve. Sadly, given that young and innovative lawyers are blazing a trail for new ways to both practice law and deliver their services, we tend to be the target for such ridicule. I have even seen some lawyers claim that young lawyers, especially solos, cannot possibly be ethical without the hand-holding (otherwise known as chiding) of more experienced attorneys.

Well, I beg to differ. Young lawyers are fully capable of being as ethical as their more experienced colleagues as they serve their clients. Yes, and that includes young solos. As lawyers, we are trained to research the law and apply it to real life scenarios. Why would young lawyers be incapable of looking up the ethics rules and decisions in their state and applying those rules in their practice? Why would young lawyers be against being ethical? Because we have an online presence? Because we, dare I say it, actually market our practices to potential clients? Because we have the nerve to start law practices after completing law school and passing our state bar? Or because we practice law in a non-traditional way?

I have been subject to such claims. I have been accused by ‘more experienced’ colleagues’ of being an unethical attorney simply because I practice law online or because I practice law in a state where I do not live or because I market my practice online. Apparently, many experienced attorneys cannot understand how I could possibly have a non-traditional law practice and still be ethical. Well, too bad! Too bad that you do not understand. Too bad that you are so rigid in your ideas of how law should be practiced that you criticize and attempt to ostracize any attorney trying something new instead of asking yourself, ‘what could I maybe learn from her?’ And too bad that you won’t pull a young lawyer aside and point out areas you think present an ethical hazard but instead choose to publicly discourage and belittle them. And too bad that you are quick to judge and react apparently before you have read the ethics rules and requirements in the states where I am barred. I have. And I have applied them to my practice. Thank you very much.

Old Dogs Need to Learn New Tricks

What further toasts my muffins about the so-called unimpeachable ethics of some highly critical, experienced attorneys is that they themselves could certainly take notes from younger attorneys about professional ethics.

Things that have been accepted as “ethical” for years are being questioned by young lawyers, including myself. For example, is it ethical to charge an hourly rate to clients when doing so puts the monetary interests of the lawyer at odds with the monetary interests of the client? Is it ethical to subtly bully clients into doing what the lawyer wants to do instead of what the clients wants to do (unless it would be truly detrimental to the client)? Is it ethical to charge the client for every thought the lawyer has about the client and/or their case? Is it ethical to cut a client off after taking substantial amounts of their money because they are unable to pay still more? Is it ethical to lead a client to believe they are hiring a partner at the firm and then have a young associate do all the work but not let the young associate appear in court when she knows the case better than the partner? Is it ethical to terrify young lawyers from going solo because its not what you would do?

My answers to these questions are no, not at all! Yet, I have seen this kind of behavior over and over again from experienced, so-called “ethical” attorneys who my family has hired, who I have worked for and during my clerkship. If that’s what ethical lawyering looks like, it’s time ethical lawyering was redefined.

To many young lawyers, being ethical is not something that is only associated with bar rules. It involves basic morality, something young lawyers are very interested in. It’s about being honest with clients in our advertising, creating environmentally responsible businesses, not chasing money but providing value, not being condescending to clients with our vast legal vocabulary but speaking to them in plain English. Young lawyers are also interested in giving back to their community by supporting local and international charities and taking on pro bono work. There are plenty of experienced lawyers who could benefit from incorporating some of this morality into their “ethical rules” and into their practices in a substantial way.

In conclusion, my point is this: Experienced attorneys stop trying to scare young lawyers half to death with your scary ethics anecdotes about lawyers who were disbarred or suspended due to unethical behavior. Most of the stories involve gross misconduct on many levels and they only serve to disproportionately scare young lawyers when the news tells a very different story about some of the most experienced lawyers landing in jail for fraud, thievery and every imaginable ethical and moral violation. Let’s see you talk about them. You don’t own the exclusive real estate on any ethical pedestals.

Instead, why not give tips on how to look up and apply ethics rules and/or make young lawyers aware of the top ethical pitfalls that lawyers face? And young lawyers, my message is do not be afraid. Do not let the word “ethics” prevent you from establishing a law practice, even one that is cutting edge. Instead, do your research and apply the rules to your practice. And when in doubt, call your state’s ethics hotline.

And one last thought: Young lawyers, we need to get involved in our state bar’s ethics committees and begin redefining ethics so that it actually protects the public while not unnecessarily restricting lawyers from innovative ways to practice or financially preventing them from ever launching a practice.

Written by Rachel Rodgers