Solo Practice University® » Inspiration

Do The Math: Nearly 50% of All Law Grads Will Not Get Jobs.

Susan Cartier Liebel — Mon, 19 Mar 2012 11:30:52 +0000

“In his new book Failing Law Schools, Washington University law professor Brian Tamanaha cites a remarkable statistic. American law schools, he reports, produce 45,000 new graduates each year; but recruiters expect only 25,000 job openings annually through 2018.” Edge International Consulting.

This is staggering! If you do the math this means from 2012 – 2018, if the graduation rates stay the same, there will be 140,000 more lawyers entering the work force than there are paychecks waiting for them. And what of the graduates these past five years and those who have lost jobs these past five years? You're talking about over a quarter of a million graduates struggling to get legal jobs today and into the foreseeable future.

And if you haven't heard about all the law schools being sued for false employment statistics as a result, the list just keeps growing. It also begs the question: if all the law schools are claiming they followed the ABA guidelines, will the ABA eventually be brought into the suit? Is the ABA doing enough based upon this Wall Street Journal article? And what's even more intriguing, it's being suggested rather forcefully:

".. that widespread manipulation of law school graduate employment data may have not only pushed institutions higher in the national law school rankings, but also could be considered "mail and wire fraud under federal law".

The U.S. News ranking of the country's law schools may be so flawed by deceptive or misleading statistics submitted by the country's law schools that "the harm done for many years to thousands of people has been so severe, it should not be hard to recognize the need for investigations by federal authorities to determine whether crimes have been committed," CNN Money, March 16, 2012

I've had many opportunities to speak at law schools and have no intention of stopping. When I meet up with current law students, recent grads, and panelists who share their experiences there are generally three overriding themes which permeate every conversation and every panel discussion - the reality that gainful legal employment will be eluding them, even for those at the top of their class who spent their summers working for free to gain experience; absolute terror about student loans coming due, and being fed up about being told to work for free. As to student loans, of those graduating in the next two years, ninety percent will have law school debt as discussed by a recent panelist I met, Paul Campos, who incidentally authors the blog Inside the Law School Scam. And when students are facing this type of bone-crushing debt it makes you sit up and take notice when, in assessing the discrepancies between actual hiring numbers and stated hiring numbers, Campos states:

"Law schools may be cooking the books, or be incompetent in reporting or it may be that firms are hiring career associates and not partner-track associates," says Campos.

"But it's a huge discrepancy. And it could show a level of arrogance that could mean trouble for law schools." CNN Money, March 16,2012

But class action suits and federal investigations aside, students need help today. Reform will not help them in the immediate future. What they need is different. School representatives I've recently spoken with want to better understand how to keep law students' spirits up about utilizing their law degrees in a meaningful way while still being able to meet their student loan obligations and creating a life for themselves. While I was speaking at University of Georgia Law School in Athens, one panelist on alternative careers intrigued the audience with this comment:

'Don't let your law degree define you or lead you. Stay in front of your degree and control its use.'

His message was clear. Your law degree is an additional tool to capitalize upon when pursuing your 'ultimate' career. Others panelists stated doing what you were ultimately meant to do can be like negotiating a corn maze. Don't limit how you creatively apply your degree. Still others cautioned there are major pitfalls when traveling through the maze. Sometimes just by virtue of having your J.D. it will set off alarm signals to a potential employer you are too qualified for the job or you may be just considering it a pit stop on the way to a better opportunity. As a result, you may never even get the interview.

Another Tier 1 former BigLaw associates says to this day, though he loves what he's currently doing, he feels guilty that he didn't somehow stick it out and make partner, that he's failed as a lawyer. This should never be how one thinks if they want to use their degree in a different way than partnership track at a large firm. But this judgmental attitude is pervasive within and without the profession. Both families and colleagues (who are practicing) think if you are not actually practicing and doing so for a larger firm that somehow you've failed to live up to the potential of your degree. How myopic and dispiriting. Could this be why lawyers who go on to do amazing things other than practice refer to themselves as recovering lawyers or former lawyers?

However, another lawyer who became a judge took his whole family to Guatemala because he was asked to found and run a non-governmental unit designed to protect children from abuse and trafficking. His earlier experience practicing in this area and then every position he held thereafter was just the precursor to finding his ultimate calling. His law degree and his devotion to defenseless children helped him get there yet he is now not practicing law. Later in a private conversation he did say when his work can be passed on to a successor he will come back and look to open a solo practice.

Innovation within the legal field was also a hot topic post-conference. Dining with a newly married couple, one graduating law school this year and the other graduated last year, I discovered they want to travel an entirely different path. They want to create their own business servicing the legal industry. They are not reinventing the wheel but segmenting out a specific service currently performed by lawyers (and not profitable to the law firm) they believe could be profitably outsourced to a provider. This would also be very attractive to solos and small firms in particular because it frees them up to do what they do best – practicing law. They see a defined need and know their business model is both viable and profitable for all involved.. They are very excited about using their degree this way because the degree gives them credibility to do it even though it is not required. Again, the student loans are looming but they are going for it even though others keep telling them they should be practicing law instead of servicing the legal industry because after all…isn't this what a law degree is for?

A legal degree should be viewed as an enhancement, not a limitation, to your opportunities. In and of itself it provides an incredible opportunity to work with others to help them resolve problems and to be part of an amazing profession. But this not the only road, or the end of road.

These people focused on what they love to do, discovered and then followed the single golden thread weaving together their experiences and passions. Quite often we don't know where to find this thread until we've moved on to the next opportunity. But it pays to search for it in everything you do. This golden thread could morph into your own 'yellow brick road' leading you to where you are ultimately meant to be.

So, if you're on the brink of graduating or already out, you have to leave possible law school deceptions, USNWR rankings, and employment stats behind you. Why? If you keep looking backward with anger or regret it's impossible to move forward. Moving forward is the only way you are going to stay in front of your legal degree, creatively resolve your student loan obligations and start building a (possibly unexpected) future career which will be emotionally and financially rewarding.

Written by Susan Cartier Liebel

Why You Need To Be Your Own Guinea Pig

Susan Cartier Liebel — Mon, 12 Mar 2012 11:30:50 +0000

I've always been my own guinea pig. I've been this way since I was a kid. I would tell my parents I want to experience it myself, make my own decisions. I didn't want their experiences. I wanted the excitement of experiencing for myself what would happen, the good, the bad, and the ugly. I didn't want others to tell me what the outcome would be. (As a parent myself now, I have to bite my tongue and look the other way if I want a child who is going to not be afraid to take risks). I also don't wait for the rest of the world to tell me something is alright to do. I decide for myself and generally others who trust my instincts follow suit, usually after I come out of the experiment alive and breathing and not any worse for wear!

Being a solo requires you to be your own guinea pig if you want to break free from some of the restrictions, professional prejudices and often jaded experiences of other lawyers. (That's not to say we don't need guidance. Of course, we all need guidance at times.) And by restrictions I'm not talking about ethical rules. I'm talking about those conventions which the majority use as an excuse to not try anything new . Or they use the conventions to deliberately avoid being different from their fellow class mates or the lawyer down the street for fear others will look to criticize them, most often without any real knowledge about the person they are critiquing or just a cursory understanding about what they are doing. It's simply about their fear of trying something different which makes them question why you are doing something different. But never forget, you will also intrigue these same critics.

By way of example, I'll share one of my more memorable experiences as a solo. I had taken on a very compelling case involving child kidnapping, transporting a child across state lines, the UCCJA and all laws surrounding prior reprehensible acts. I did it as a favor (and fairly new lawyer) because the person had little to no money and my professor asked me to do it. The client was a very young mother not married to the father. They eventually stopped living together. The father then basically took their child at two years of age and disappeared. After five years the mother was able to track him down in Florida. The little girl was now seven. The woman went to Florida herself and simply took the child out of school and brought her back to Connecticut. Wow. I was only told about the case a week after the client arrived home from Florida with her daughter. No one else would take her case feeling it was a loser because of the then four-pronged test of the UCCJA, the strongest historically being the child had her home in Florida for an extended period of time regardless of how she got there and this would prevail. Given she had no money and the case was a guaranteed loser I was told my reputation would suffer. Well, I wasn't worried about any of that. Was that ignorance? False bravado? I don't know. But there were compelling arguments to be made and clearly I wasn't in it for the money!

Everytime I came up with a unique argument and told more experienced lawyers about it, they told me I'd lose. Everytime I asked those I considered mentors whether they could see the argument I was fashioning, could see the tapestry I was weaving, they'd tell me yes, but it wasn't going to work. Why? Because this is how it's done and that's the way it is. Regardless of the fact there were four prongs to the UCCJA only one carried any weight and I should just stop now instead of setting myself up to surely lose, and in front of the family bar, my future adversaries. My reputation was conceivably at stake. Well, my client's relationship with her daughter was at stake and my reputation was secondary.

My opponent was a 20 year veteran, his client could pay his fees, and even he pulled me aside and said, 'you know you'll lose which is why I'm not interested in negotiating an agreement before trial.' (I also never even suggested one because my client was dead set against anything which involved the father in the daughter's life.)

Well, I realized if everyone said it was a loser I had to pull out all the stops to make sure the judge (who I was inclined to believe wanted to find a way to give this woman her daughter back) was given a smorgasbord of options in the brief as well as at trial so she could decide ultimately if she wanted to break new ground. Ok, clearly I'm writing this story because I gave the judge what she needed and she took what she needed to make the ruling she wanted and gave my client her daughter back. (As an aside, the client never even thanked me and disappeared!). The opposing counsel was clearly surprised he lost. But I followed my gut. My client wanted to me to go for it and my instincts said to go for it and it all worked out in the end even though I took some hits from fellow attorneys. Fellow attorneys were not my clients. The truth is, had my client gone to one of these lawyers she would have surely lost because these lawyers bought into their own limiting thinking based upon their experiences and giving full measure to everyone elses's experiences because it supported their own.

There is a moral here for solos. You have to trust your instincts, your morality, and your integrity in all areas of your solo practice. Unless there is a clear, bright line that says 'do not cross or you risk losing your license or harming your client', you have to be willing to step away from the pack, venture forth, maybe take some professional hits. But the further you move away from the pack the more room you have to move freely and be seen as the talented advocate that you are or have the potential to become.

Be your own guinea pig. You may not enjoy it all the time especially when you are going through some of the negatives, but I promise you you'll be happy you ventured forth the majority of the time bringing with it the benefits only those who takes chances can enjoy.

Written by Susan Cartier Liebel

You Only Fail if You Don’t Get Up Again.

Jack Whittington — Tue, 31 Jan 2012 12:51:03 +0000

A belated Happy New Year to all of you. Now that we’re a few weeks into 2012, hopefully you’ve all settled into a routine and you’re holding fast to those resolutions you set for yourselves. As a February Bar Exam taker with a full time job I find routine to be crucial. When I studied for the Bar last summer, routine seemed impossible due to a series of life altering events. However, reflecting back on it now – if I had been able to just carve out time each day in the midst of all the trial and trauma I might not be taking this thing for a second time. Now that I have a full time job it would be easy to make excuses once again as to why I don’t have time to nail down and study like I need to. However, if I am to meet my resolution, I need to adapt and overcome to achieve. After reading, researching, and speaking with colleagues and peers on approaching the Bar Exam for a second time, I’ve taken away some tips that I’d like to pass on to those of you similarly situated….(heh bar exam humor for ya)

Motivation

The easiest way to do something is to be motivated while doing it. What motivates you? My motivation is still and always has been to practice law. Moreover, my motivation is to prove to myself that I am capable of passing the Bar Exam. That motivation makes a little easier to study at night after working twelve hours. It makes me a little bit more adamant about carving out time each day to sit down and really make use of the time that I do have to study. Admittedly, during summer preparation I did waste a lot of time that could have been used to studying. Maybe a little extra time going over Evidence or Civil and Criminal Procedure was the difference between passing and failing. What if I had made studying more of a priority all the times that I chose to put off studying. This time around I don’t want to have to ask myself what if. With the proper motivation, it is said that a person can achieve anything he sets his mind to. Again, I ask, what motivates you?

Resources

Have you ever tried to complete a job without the right tools? You may still be able to get it done but often times it requires double the time and effort required. Bar preparation is no different. I am not paid by any commercial bar program nor do I advocate one over the other, but I do know this. You need the right tools to succeed and bar courses can provide you with them. Odds are you have probably marked up all your old books, done most of the questions in them and won’t take the time to go back through the notes and outlines thoroughly. Most of the things I read about taking the Bar Exam a second time all said the same thing. Approach the exam as if you were taking it for the first time (again). The logic is simple, if you only focus on the subjects that you did poorly on the first time, then odds are the subjects you neglected will suffer drastically. Make sure you have the right tools for the job.

Routine

As a sports enthusiast I tend to watch a lot documentaries on various world class athletes. One constant among them is that they all found a routine that worked for them and committed to it religiously. Bar Prep is no different. Perhaps the first time around you had the right formula for success but just didn’t follow it like you should have. Or maybe you were just studying in a way that wasn’t effective as you had previously thought. One of my favorite movie series, Rocky, is case on point for what I’m talking about. Remember in Rocky III when he lost the title to Mr. T’s character, Clubber Lang?

He lost because as his trainer, Mickey, stated he had gotten soft, didn’t train hard enough, and didn’t want it bad enough.

After losing, Rocky goes out and recruits his old nemesis, Apollo Creed, to help him train. Everything Apollo had Rocky do was completely different from the way that Rocky had always trained. Sometimes you have to change it up, but when you do, make sure you fully commit to it (remember Stallone whining that he couldn’t do it, that he was afraid to change?). Once Rocky made up his mind to commit to training the way Apollo wanted him to we got a typical montage of Rocky working up a sweat and doing work and I hate the spoil the movie for you, but guess what…he won!

Is it a little cheesy to draw a Rocky parallel to taking the Bar Exam a second time? Perhaps, but it illustrates the point I’m trying to make. Rocky lost because he didn’t train like he should have and he got popped in the mouth by an opponent that caught him off guard. With the right motivation (the eye of the tiger), the right resources, (Apollo Creed) and the right routine (speed and footwork over strength training) he was able to come back and knock it out the second time. Keep motivated, make sure you have the right resources, and commit to a routine whole heartedly. I can’t guarantee that you or I will pass the Bar by doing this, but I do know that I won’t be asking myself “what if” if I should fail again. Do everything you can to get it right this round.

Written by Jack Whittington

Giving Thanks For Innovation & Perseverance

Susan Cartier Liebel — Tue, 22 Nov 2011 12:30:50 +0000

Yesterday I had an incredible conversation with two legal innovators from the academic world who absolutely blew me away with their vision and how they are quite possibly already changing the face of legal education across the world. Yes, across the world because their project partners include law schools not only in the United States (including Harvard and Stanford), but the U.K, China, Australia and more. I'll get into further detail in a future post but suffice it to say, I am extremely honored to now be a part of their team and their vision.

Additionally, while I am thankful for many things in my life, including celebrating my fourth anniversary blogging first at Build A Solo Practice, LLC and now Solo Practice University®, this Thanksgiving I wanted to give thanks to all the innovators ; those who have rejected those brilliant and highly decorated minds who were so sure that what they wanted to do simply could not be done. If people who innovated constantly backed down in the face of an ‘authority’ who said their idea was ridiculous, not worthy, not needed, implausible and a waste of time, where would we be today?

This post is for all lawyers who saw a need and became innovators and entrepreneurs within the profession while practicing law or as a result of practicing law earlier in their career are now changing the way future lawyers will learn or practice law. We know there are plenty of others out there who would tell you that you haven’t a clue or somehow not a real lawyer.

And this is for all of you solo practitioners who are giving it a go on your terms and deciding that just maybe you do have a clue and are willing to risk failure or don't care you might look foolish while pursuing your dream. Because when it comes right down to it…it's your dream.

This post is for all of you:

Man will never reach the moon regardless of all future scientific advances."

– Dr. Lee DeForest, "Father of Radio & Grandfather of Television."

"The bomb will never go off. I speak as an expert in explosives."
- – Admiral William Leahy , US Atomic Bomb Project

"There is no likelihood man can ever tap the power of the atom."
– Robert Millikan, Nobel Prize in Physics, 1923

"Computers in the future may weigh no more than 1.5 tons."
– Popular Mechanics, forecasting the relentless march of science, 1949

"I think there is a world market for maybe five computers."
– Thomas Watson, chairman of IBM, 1943

"I have traveled the length and breadth of this country and talked with the best people, and I can assure you that data processing is a fad that won't last out the year."
–The editor in charge of business books for Prentice Hall, 1957

"But what is it good for?"
– Engineer at the Advanced Computing Systems Division of IBM, 1968, commenting on the microchip.

"640K ought to be enough for anybody."
– Bill Gates, 1981

This 'telephone' has too many shortcomings to be seriously considered as a means of communication. The device is inherently of no value to us."
– Western Union internal memo, 1876.

"The wireless music box has no imaginable commercial value. Who would pay for a message sent to nobody in particular?"
– David Sarnoff's associates in response to his urgings for investment in the radio in the 1920s.

"The concept is interesting and well-formed, but in order to earn better than a 'C,' the idea must be feasible,"
– A Yale University management professor in response to Fred Smith's paper proposing reliable overnight delivery service. (Smith went on to found Federal Express Corp.)

"I'm just glad it'll be Clark Gable who's falling on his face and not Gary Cooper,"
–Gary Cooper on his decision not to take the leading role in "Gone With The Wind."

"A cookie store is a bad idea. Besides, the market research reports say America likes crispy cookies, not soft and chewy cookies like you make,"
– Response to Debbi Fields' idea of starting Mrs. Fields' Cookies.

"We don't like their sound, and guitar music is on the way out,"
– Decca Recording Co. rejecting the Beatles, 1962.

"Heavier-than-air flying machines are impossible,"
– Lord Kelvin, president, Royal Society, 1895.

"If I had thought about it, I wouldn't have done the experiment.
The literature was full of examples that said you can't do this,"
- – Spencer Silver on the work that led to the unique adhesives for 3-M "Post-It" Notepads.

"Drill for oil? You mean drill into the ground to try and find oil? You're crazy,"
– Drillers who Edwin L. Drake tried to enlist to his project to drill for oil in 1859.

"Stocks have reached what looks like a permanently high plateau."
– Irving Fisher, Professor of Economics, Yale University , 1929.

"Airplanes are interesting toys but of no military value,"
– Marechal Ferdinand Foch, Professor of Strategy, Ecole Superieure de Guerre , France .

"Everything that can be invented has been invented,"
– Charles H. Duell, Commissioner, US Office of Patents, 1899.

"The super computer is technologically impossible. It would take all of the water that flows over Niagara Falls to cool the heat generated by the number of vacuum tubes required."
– Professor of Electrical Engineering, New York University

"I don't know what use any one could find for a machine that would make copies of documents. It certainly couldn't be a feasible business by itself."
– the head of IBM, refusing to back the idea, forcing the inventor to found Xerox.

"Louis Pasteur's theory of germs is ridiculous fiction."
– Pierre Pachet, Professor of Physiology at Toulouse , 1872

"The abdomen, the chest, and the brain will forever be shut from the intrusion of the wise and humane surgeon,"
– Sir John Eric Ericksen, British surgeon, appointed Surgeon-Extraordinary to Queen Victoria 1873.

And last but not least…

"There is no reason anyone would want a computer in their home."
– Ken Olson, president, chairman and founder of Digital Equipment Corp., 1977

Have a Happy Thanksgiving!!

Written by Susan Cartier Liebel

New York Times: Great Article; Faulty Conclusions About Soloing Out of School

Susan Cartier Liebel — Sun, 20 Nov 2011 16:16:15 +0000

(Update: Victoria Pynchon has continued this conversation in her popular Forbes column in a post called 'Occupy Law School at Solo Practice University')

To succeed in this environment, graduates will need entrepreneurial skills, management ability and some expertise in landing clients. They will need to know less about Contracts and more about contracts.

“Where do these students go?” says Michael Roster, a former chairman of the Association of Corporate Counsel and a lecturer at the University of Southern California Gould School of Law. “There are virtually no openings. They can’t hang a shingle and start on their own (emphasis added). Many of them are now asking their schools, ‘Why didn’t you teach me how to practice law?’ ”

While this New York Times article was spot on when discussing 95% of the problems with law school, the impractical education, the internal top-heavy, tenure-driven structures which prevent it from moving forward, the decreasing value of scholarship and the increasing cost of this depreciating intellectual asset, they threw in a quote which spoils their conclusion, 'They can't hang a shingle and start on their own.'

Now you may believe as I write this I have an agenda because I operate Solo Practice University®. You are right. I do have an agenda. My agenda has always been and will continue to be that practical education is an imperative while in law school within the curriculum and should be mandatory for graduation. Students who are paying for the full pie should get the full pie, not half a pie. But practical education is not only not offered with very limited exceptions, but when it is offered it's an elective and usually a two-credit Law Office Management Class. I was hit with this like a bucket of ice water in the face when I started law school January of 1992! And I have railed against the structure of law school and its priorities relentlessly since then. And it was, in fact, the impetus for creating Solo Practice University®. And I am very proud of every faculty member who understands this and gladly participates and all the students who have trusted us to help them and the growing number of law schools who realize they need to help their students.

However, there is one illogical and unsupportable conclusion to this article; the erroneous assumption that even with the current curriculum, students can't come out of law school and hang a shingle. As a result, there is an automatic sweeping dismissal of all those students who DID come out of law school, hung a shingle immediately and did so very well. Those who will defend the article's conclusion will usually pull out this old chestnut, 'those who did are an exception.' They are only an exception because the law schools, alumni newsletters, national and local legal publications seldom have any data on the nearly fifty-percent of private practice attorneys who ARE solos. They don't publicize their successes as a norm, but as a novelty. They are quick to publicize a solo's failure or ethical misstep knowing full well the countless failures and criminal activities of those in large law firms but who have the money behind them to 'make the problems go away.' So, the world gets a very lopsided view of the solo practitioner from professional cradle to grave.

The article focuses on the failure of law schools to educate to practice. They do fail to educate to practice. The article, however, misses one crucial point: it does not look at the skills and talents and ambitions of the students who come to law school. The article (as would be expected) focuses on the lack of skills of first year associates who were hired by large firms at $150,000 upon graduation.

Those who fit the selection criteria of large law firms seldom have the skills and talents and ambitions of someone who wants to go solo and be an entrepreneur. Someone who focuses on filling their law school resume with moot court, law review, and other employer-friendly activities seldom wants to go solo so they eschew (optional) clinical work, summer positions with legal aid, pro bono opportunities, or shadowing a solo practitioner while in law school. Those who do want to go solo seek out these opportunities and get practical training without having to pay their law school an exhorbitant sum of money to do so. They may also opt to go to a more cost-effective school putting them off the radar of large firms. And unfortunately, many schools dismiss these students from further consideration when they say they are going to open up their own shop…but not before a parting shot assuring them they will fail.

I do encourage everyone to read this article if you haven't already. But pay attention to what is NOT being said about the majority of lawyers out there, that in spite of the lack of practical training solos succeeding right out of law school are not a novelty. I've not only lived it but do not consider myself unique in any way, shape or form. There are countless who have gone before me, with me, and legions more will follow.

Written by Susan Cartier Liebel

3 Success Secrets … of Geese

Susan Cartier Liebel — Mon, 14 Nov 2011 11:30:49 +0000

For years now I have received a newsletter by Denise Hedges and Barbara Mercer. I just love the way they write, their topic matter, and the inspiration they provide. This past week they sent out their newsletter offering an article about geese and why they thrive. It seemed so appropriate for the solo practitioner, their journey, challenges faced and the power found in collaboration and support and community from fellow solos. Denise gave me permission to reprint the article on this blog. I hope you find it worthwhile.

Success Secrets…of Geese

Reprinted with consent from a newsletter by Business BreakThrough Institute.

Geese are a very successful species. So successful, in fact, that many people consider them a nuisance. Mostly because they eat up to five pounds of grass a day and produce a lot of, uh, fertilizer. They make an unholy mess wherever they go. And there are so many of them.

Fun fact, huh? Okay, maybe not so much.

But here are some interesting facts about geese that explain a lot about just why they're so successful. It seems we can learn a lot from our feathered friends.

Do you know why they fly in a "V" formation? It has to do with enhancing efficiency and increasing the distance they can cover. As each bird flaps its wings, it creates an updraft for the bird following behind. The "V" allows the flock to fly at least 70% farther than if each bird were flying on its own.

Geese are team players. They work together, and in doing so, they achieve feats that wouldn't be remotely possible if they didn't cooperate. Geese don't try to go it alone.

Working together in a community and teaming up with others does the same thing for us.

Of course, if a goose falls out of the formation, it slows down and has to work like crazy to get back into formation and feel the uplift from the bird in front.

Lesson: Stay close to the people who lift you up … and fly with those who are headed in the same direction.

When the leader of the flock gets tired, he falls back into the formation and another goose steps up to take the lead.

Lesson: Don't feel you have to do everything, even if you're a leader in your organization, whether that's your family or your business. Allow others to assist.

Geese look out for each other. If a goose becomes ill, gets shot, or otherwise falls out of formation, other geese follow the disabled goose down to the ground and stay with her to protect and support her until she's well enough to join the flock again or until she dies, upon which they will join another formation to catch up to their flock.

The lesson is clear. Standing up for each other, supporting each other during the tough times, is not only the true sign of a friend and comrade, it's an essential trait of any thriving culture or enterprise. One for all and all for one. It's what makes families work. It's what makes teams of all kinds work. Everyone is supported. No one gets left behind.

Independence is a wonderful thing. The ability to think and do for yourself is an invaluable asset. And so is our interdependence … the ability to interact successfully with others in ways that benefit everyone involved.

And finally, geese mate for life, looking out for each other no matter what, for a lifetime.

There's a story I've never forgotten about a hunter who shot down a goose along a windy beach. As the goose lies dying, her mate comes down and nestles beside her, covering her with his wing in a way that seemed almost human in its tenderness and loving protectiveness.

The hunter was so affected by the sight and mortified by what he'd done that he just stood there in silence, his shoulders drooped. After a few minutes, overcome with emotion, he flung his shotgun in the water and walked away.

He never hunted again.

An unbreakable bond … what's that worth, knowing that you'll always have someone by your side no matter what happens?

Everything?

Like I said, we can learn a lot from geese.

Written by Susan Cartier Liebel

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

The Millennial Lawyer. They ARE Our Future.

Susan Cartier Liebel — Mon, 29 Aug 2011 11:30:49 +0000

(This is a little long but I hope you’ll find it worthwhile)

In a recent article entitled "Startup Generation Ready to Fix Economy" we are learning that today's millennial is not only not a slacker but those who are taking their job security into their own hands is increasing exponentially.

Forty percent of those in Generation Y, roughly defined as Americans born from the mid-1970s to mid-1990s, envision starting their own business, and about 20 percent already have, according to a report published last month by The Affluence Collaborative, a research partnership.

"They understand that if they want security and they want to be assured of having a job, now more than ever, it makes sense to create your own job," Fenn said.

There has been so much discussion about the Millennial in the workforce and particularly in law firms. I need to weigh in yet again because I feel very differently then those in the legal community who have been quite vocal about their disdain for this generation and maybe it's because I'm more involved with those who are actively looking to build their own practices and those who have started their own businesses. I view this generation much differently then many.

Maybe it's because, even though I'm two generations removed from a millennial, I understand some of what they feel. I don't believe the mindset of the Millennial is a new one. I think in large part they just harbor more entrepreneurial drive then previous generations….and I get entrepreneurial. They are not willing to put off starting their dreams. They are certainly less inclined to sacrifice unless their career goal is attainable within a relatively reasonable period of time. But they are very happy to sacrifice when it means working for those dreams. They don't see their world segmented – work life in one corner and personal life in the other. They just see 'life.' And there is a stronger belief in one's self but it has been nurtured on a fast food mentality. They are simply in the fast lane 24/7. It's saying 'no' to the old model of doing business…not to a strong work ethic. And it is by saying 'no' to an old business model that some interpret them as arrogant, disrespectful and dismissive of those who did work within the old model to get where they are today. I believe this is what irks those who have trudged the more traditional path….barefoot through 10 feet of snow…to school…without a winter coat. We can't be mad at an entire generation because they don't want to play by the rules most of us felt we had to abide by or were forced to abide by.

Of course, there is much more (positive and negative about this generation) that can be (in)appropriately broad-brushed. Yet, as in any generation there are those who are driven to achieve who have a strong work ethic and those who are slackers. But for some reason, this generation is really getting slammed. I believe it is unfair.

What role has corporate America (you and me) played in this? Let's see. These kids grew up:

watching their parents slave away at jobs only to be laid off over and over, again,
lose their pensions and health benefits to criminals like Enron, corporate shill politicians, and now to mismanagement of federal, state, and local government;
watching corporate America outsource their jobs overseas while stock-piling cash and NOT creating new jobs;
seeing a corporate culture change from one where employees were valued and shown appreciation to a culture of poor treatment and being told they should be grateful to have any job;
being told if they didn't like 'any job' there's ten one hundred more people who look just like them lining up to take their place.

The days of feeling proud for having given all your working life to one company and getting the gold watch and retirement dinner have disappeared. Today's young worker sees working for another based upon the old model as indentured servitude on a path to nowhere with no realistic brass ring and they want no part of it. This is especially true after being told over and over again that their generation will be the first generation to not do as well as their parents. Now there's an exciting future to consider as they carry $150,000 + in non-dischargable student loans.

So, if they want to do an end run around the old model because they think it's broken can we really fault them? If they want to look up at the sky and see endless possibilities of their own creation rather than the big round butt of a middle manager who blocks their innovation and creativity can we blame them? If they want to try and figure out a new and better way that works for them should we tell them they're wrong and publicly ridicule them for trying? Who are we to say what is best for them? Now who's being arrogant, disrespectful and dismissive? What I have heard over and over, again, is, "I wish I hadn't been so scared? I wish I had their guts.

Bravery, stupidity…call it what you will. But those brave or stupid people created Facebook, Twitter, Google, Zappos, Amazon, SurveyMonkey and today's technology and smartphone apps we live and die by and so much more than we could ever have dreamed because they DIDN'T follow the traditional models and all of these new models are totally driven on customer service and regard for their employees.

In a recent article it was suggested that 65% of grade school children will work jobs that have yet to be created. Who will be creating of these jobs? Today's millennial entrepreneurs, that's who.

And for those who are in management at law firms, have you ever heard of 'internal marketing?' It is a wonderful phrase coined by Sybil Sterchik who discusses the concept during an interview with Toby Bloomberg at the very popular Diva Marketing Blog. She says that when you value your employees, your employees value your customers. Today, the law firms from solo to Big Law who put their client first will succeed.

Internal Marketing is a strategic blend of marketing and human resources focused on taking care of employees so they can take care of customers. While that still sounds warm & fuzzy, nonetheless it’s critical because if your employees don’t feel valued, neither will your legal clients!

Appreciation, involvement in the process, being part of a company's dialog and success, the creation of a community, translates into loyalty by the employee and profits to the company.

And this is not a new concept. It is a forgotten concept, I know because I experienced it in the companies I worked for in the 80′s. I worked at not one, but two, companies who had office happy hours every Friday afternoon hosted by the president. One company president drove his motorcycle through the company offices giving employees rides. This same company handed out turkeys to every employee at Thanksgiving, held birthday parties for each employee. Ten year anniversaries were celebrated with a one week trip to London and a stay at their corporate apartment with show tickets. Was this a small private company? One was small. The other was the U.S. headquarters for an international corporation where I worked for 3 years. This was a time before executives took $50 million dollar bonuses while telling their employees the company can't afford to give COLA raises while simultaneously reducing their health benefits. When I left the company with the motorcycle-riding president, it was the only time I actually grieved for 'family" because the company invested in creating a culture within the workplace…a culture the employees didn't want to leave.

And I believe the companies I worked for are being described by Ms. Sterchik when she states:

I find it ironic that many companies (law firms) who do Internal Marketing well aren’t necessarily aware that they’re using Internal Marketing. These are companies with a workplace culture and operations committed to the value of both customers AND employees. (and I'd like to add – living the company's mission and workplace values)

If a company who has employees really believes they can skip this step and retain employees, either they are paying their employees so well they can't afford to leave or they are deluding themselves.

Despite different generational attitudes in the workplace, companies will still need to engage their employees. And that’s where Internal Marketing comes in – enabling organizations to communicate and reinforce a sense of common purpose, a sense of belonging, and a sense of being part of something special, particularly in workplace that’s becoming increasingly insular. Internal Marketing will continue to be relevant as a ‘high touch’ people-centered management approach in a ‘high tech’ world.

So, you see this isn't a generational mandate unique to the Millennial. This is just good business. And in these crazy times to hold on to quality talent even with unprecedented unemployment is still critical to growth.

This new generation can't work within an environment which does not respect their goals and values, a management hierarchy which can't conceive of, never mind nurture, a new way of doing things which actually benefits the company and the clients foremost. If law firm managers, even solos looking to hire an associate, choose not to recognize this and behave antagonistically, then they are going to lose the talent they have and certainly not attract new talent. If this talent strikes out on their own without regrets why are the law firms so mad? Why should these new lawyers have to take 20 years to figure out they don't want to waste their time at that law firm? There is 'paying your dues' and then there is selling your soul out of fear. This generation didn't create disloyalty. It was the previous generation of employers who were disloyal and dishonest and gave this new generation permission to say, 'screw you.'

So, there are some mea culpas to be made by employers. There are some steps they have to take to create environments to attract today's young worker and get the best out of them. Today's generation is suspicious and self-serving to a degree because they've learned no one is going to look out for their best interests better than themselves (or their parents.) And yet, when it comes to fighting for real change and the welfare of others they are fearless and committed and do things we would never dare for their causes.

This generation grew up (and is continuing to grow up) connected to a vibrant and diverse community through technology and they can no more leave this connectivity when in the workplace then they can leave their left arm. To not capitalize upon this connectivity is just plain bad business.

Employers should capitalize on this connectivity and the freedom they, too, can experience released from the confines of the 9-5 workday and sterile cubicle and harness the additional strengths of the millennial worker instead of straitjacketing them. And when there is a strong work community it mitigates the need for a rigid caste system. The caste system is dead..at least for this generation.

That is why I believe, more and more lawyers will strike out on their own and invent the future law practice. Millennials will be more inclined to pursue their entrepreneurial bend, especially in the law. And you will see those who have worked so hard within the current system who get the boot or law grads who simply get no opportunity or document reviewers who are not rewarded in ways which are meaningful to them more inclined to become solo practitioners.

Then consider the economic times we are facing. In a time of uncertainty, the direction this world is going, extraordinary debt, health care in crisis, climate change, endless war…there is a certain 'live for the moment' feeling which propels them to say, 'if this isn't working for me, I'm outta here.' They don't just say, "time is precious." They live and work knowing time is precious.

Rigidity and lack of consideration for the mindset of this generation is a recipe for economic disaster for businesses of all stripes. Law firms are definitely not immune.

As a solo, there may come a time when you may choose to bring on an associate. Remember this. And remember why you chose to go solo, the freedom to control your own time, your own destiny. You realized you'd rather be responsible for your own financial security and you have faith in your abilities to do this. And when you made (or make) the decision to go solo didn't you, regardless if you are a Baby Boomer, Gen X or Gen Y, basically say the very same thing? I think the phrase was 'screw you.'

Written by Susan Cartier Liebel

Virtually Anywhere: How I Created a Virtual Law Office That Works

Rachel Rodgers — Thu, 07 Jul 2011 14:41:26 +0000

Anywhere. Everywhere. That's Where You'll Find Me.

When I was first considering solo practice, one of my main struggles was choosing a location. At the time, I lived in the New York City area but my husband and I had been talking about moving to a warmer climate for some time. Couple that with my obsession with traveling (I'm talking two months in Thailand travel not 5 days in the Caribbean travel!) and I had a hard time choosing just one place to build a practice permanently. I hadn't quite found The Place where I could be comfortable settling down for a long period of time.

Then I discovered the virtual law office (hurrah!). Realizing that I could have an online-based, location-independent practice sent me over the moon! Not having to choose one place to settle down and not having to give up my love for travel meant the virtual law office was the only way to go. At the time, I had been reading Jay Foonberg's How to Start & Build a Law Practice religiously, every night; it resided on my nightstand and sometimes I took it to work with me to read during lunchtime. However, there wasn't much information about virtual law offices because it was fairly new and just beginning to be used and adopted by lawyers. I read every article I could find on the internet but I needed the nitty, gritty details. I needed to know, does this thing actually work?

So what's a girl to do? I had discovered this amazing tool and needed to know everything single thing about it but there were little to no resources with the information I needed. So I did what every self-respecting researcher does when books and blogs don't cut it – cyber stalking. Yes, that's right, I used the internet to find every lawyer who was using a virtual law office and either called them up or sent an email asking about how running a virtual law office was working for them.

Enter the Virtual Law Office…. but Does It Work?

Surprisingly, lawyers are not the mean and nasty bunch you might have thought they were! Every single attorney I contacted not only got in touch and gave me lots of information, they all seemed pretty eager to discuss this new-fangled technology. The attorneys were young and old, some had US-based practices while living in Canada, others had dreams of practicing law from a Caribbean island and all of them were struggling to make their virtual law offices successful. Their main complaint was that they were struggling to obtain clients. Even a long term, successful, brick and mortar law office with an integrated Virtual Law Office was having trouble getting clients. (Insert sad face).

Not so fast! Do I look like a girl who gives up the vision of her dream lifestyle so easily? Absolutely not! So I put together the common factors that virtual law offices were struggling with and started researching what I could do differently. And I did just that. I threw caution to the wind, set up a virtual law practice and now have new potential clients registering for my online-based practice every week. Not only that, but many of them have never had any direct contact with me prior to registering.

Making the Virtual Law Office Work For Me

So I know that all of you rebellious, freedom-fighting, non-location wanting and low-overhead-loving folks want to know – how did I make it work for me? Here are the key factors that have worked for me. I hope they will help you in determining whether an online-based law practice is for you.

1. Choose a Niche: I've written previously about the importance of choosing an oh-so-narrow niche of law to practice. This really works wonders for marketing and it gets your narrow client base super excited about working with you. I find it to be essential to a Virtual Law Office. Its been said before but I'll say it again: trying to appeal to everyone means you appeal to no one. This was a key that I discovered in my rudimentary survey. Almost every VLO lawyer I talked to was covering several different practice areas on their VLO. My niche is business law for Gen Y entrepreneurs. Yes, I made that up. I have found that my niche loves working with me because I relate to them (since I am a Gen Y entrepreneur myself) and they also are a really technology focused bunch which means that they are very comfortable using technology to conduct their legal business. (But don't believe the hype! I've heard that many older generations are using technology just as much, if not more, than us young folks. So don't let having an older client base scare you away from having a VLO or having it in addition to your brick and mortar practice).

2. Killer Website (Part 1): This does not mean you have to spend $10,000 on a new website. My initial investment in my website was around $600 (that includes $300 for a logo), a whole lotta time and a whole lotta love. With wordpress and designer themes you could probably do it for even less. I have made lots of upgrades to my site but I still haven't even spent $2,000 (that's the initial investment plus upgrades) on it yet. A nicely designed website is great but that is not really what makes it killer.

What makes your website killer is engagement. Your website needs to be something to do not just something to read.

Regularly updated blog articles relevant to your client base, a monthly newsletter or free resource that client's can sign up for and even a welcome video are great additions that will allow you to connect with potential clients.

3. Killer Website (Part 2): Nice design is key but information is even key-er (that's not a word but it fits so I'm going with it!). Detailed information about who you are (and not just your boring bio, add some personality!), what type of services you offer, how you offer such services, how the virtual law office technology that you use works and your fees are critical pieces of information that clients want to know. And often they want to know this before they are willing to contact you. All of this information should be on your website in an easy to find place for your potential clients.

4. Flat Fees: Yes, its true. I have drunk the Koolaid. I use flat fees in my practice and I also include information about where pricing for my services start on my VLO. I could give you a whole lecture about it but Jay Shepherd already has. Just know that when signing up for services online, client's want at least an estimate of your pricing before they engage. They don't want to spend time connecting with you only to be quoted a fee that is far too much. And hourly rates do not reveal your pricing. Telling me your fees are $325 per hour does not at all inform me of how much money I am going to have to part with to work with you. In my opinion, flat fees are essential to a successful VLO.

5. Market, Market, Market. If you want online-based clients for your VLO, you have to go where they are and let them know you exist.

Most clients aren't going to do a Google search for a VLO in their town. This was another key misstep of struggling VLO's. They just assumed if they put the website up, clients would come. No, they will not. You must go out and find them.

The way I have done this is by having a strong social media presence; to learn my social media formula check out this video. In addition, to social media, I create free content for my client base both on my blog, on two columns I write (this is one of them) and by guest posting on sites that my clients frequent. I have also enjoyed a decent amount of press and get asked to be interviewed or be a resource for other content-creators pretty regularly. The point is that my clients see me online all the time and practically everywhere they go (okay, not nearly everywhere but you get my point) which allows me to stay on their minds so they think of me when they have legal needs. And it all starts with an engaging social media presence.

So there you have it, folks. This list is how I have established a location-independent, online-based practice. Any questions?

Written by Rachel Rodgers

Do You Have a Catfish? You Need 1 or 2 or 3.

Susan Cartier Liebel — Mon, 20 Jun 2011 11:30:28 +0000

Seriously. I have some major badass catfish who keep me on my toes as I build Solo Practice University®. You should too. Let me explain.

This past winter I started pacing the floor about something I saw happening and started to wonder how it would impact an idea I was contemplating for Solo Practice University®. It was bothering me as I tend to (privately, of course) overreact and then vent because I know once I talk things out it's so much better. But I was mostly annoyed that every time…and here's the key…I wanted to take a brief respite and put SPU on autopilot…there would be another agitation keeping me forward-moving, quick-thinking and creative which always improves SPU.

In a SKYPE session with someone I like to vent with periodically, I started explaining why this particular situation was aggravating me and he then told me about catfish. He said, 'let these events be SPU's catfish.' Yeah, I had the same reaction. What???

He told me he went to see a movie which at the end referenced the Japanese fishing industry and the process by which they export fish from Japan to other countries. During the long journey in cargo ships the fish were kept in large saltwater tanks. However, a significant percentage of them became lethargic and weak and ultimately died due to lack of stimulation. It was a perplexing and costly business problem.

The Japanese decided to put catfish in the tanks. Once they did an amazing thing happened. The catfish are constantly nipping at the other fish forcing the fish to stay active and ever vigilant. Due to this hyper-vigilance and continuous activity triggering their natural survival instinct, they arrive healthy after the long trip across the ocean (the irony being they ended up sushi, right?)

Businesses, especially solo practices, need catfish in order to survive. It is very easy to become complacent, weak, and die. These catfish are not necessarily friends. Nor are they enemies. They are not necessarily coaches or mentors. They aren't even necessarily those you think are your competitors. You don't even have to know them personally. But they are those people who provoke and stimulate and keep you on your toes as you learn how to practice law, engage clients, build your practice in a geographically highly saturated marketplace or in the clouds. They are those who would deliberately have you step on landmines and in avoiding those landmines you learn valuable lessons. When these lessons are incorporated into your practice, they keep your business healthy on its long journey to profitability and personal satisfaction.

Catfish come in many forms. You can look to those lawyers you admire or those who are doing the exact opposite of how you would do it. They can be nasty. They can be deceptive. They can make you cringe. Catfish can also be an event, a company brand. They can literally be anything or anyone providing it keeps you on your toes, ever vigilant, creative and competitive. Catfish help you to make better decisions when building your business. If you can identify people, businesses, or events that fit this criteria and you've responded accordingly by stepping up your game, you've found your catfish.

Have you identified the catfish in your life? It's time to!

(Image courtesy of Lobster20)

Written by Susan Cartier Liebel