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

Passed the Bar – Hung A Shingle – Elizabeth Meehan

Susan Cartier Liebel — Thu, 02 Apr 2009 15:28:35 +0000

Regardless the profession, many spouses are living their entrepreneurial dream by working together. And there are certainly unique challenges in building a law practice together. Yet more and more lawyers are doing just that. I myself have known several couples who practice together. Here is one new solo’s commentary – Elizabeth Meehan

To Have & To Hold (& to Hang a Shingle With)

When I met my husband, we were in our first year of law school. He was driving me home from a party, and we started talking about where we wanted to practice after graduation. He said, “I really like the Southern California region–you can’t beat the weather.” I was elated, as that’s the location I wanted to work in too. Later, we chatted about what type of law we wanted to practice, and what type of jobs we hoped to secure after graduation. Both of us are entrepreneurial, and eventually the conversation turned to the idea of opening our own practice. Half-way through law school, we were in love. Two years through law school, we were in love with opening our own practice–and furiously started researching and talking to solo practitioners as well as married couples who practiced together. After graduation and the bar exam, we tied the knot, then drove to California in a car loaded with business suits and computers.

Practicing with your spouse has been a unique experience. One of the biggest hurdles is “turning it off.” This means stopping the chatter about the firm which occurs constantly. Many times we’ll be driving home and Paul will say “Enough! No more talking about the firm! Let’s talk about anything else.” We drive for a few minutes in silence, then I can’t help myself, “Sorry, can I ask one more question? Just one more, I promise.” Similarly, we’ve found it difficult not to work on the firm seven days a week. But we were getting burned out and irritated with each other when we go too long without a break. Now, we aim for one day off per week.

Although there are some challenges, the benefits are enormous. Being that there are two of us, we can “divide and conquer.” For example, I’ve joined the local Rotary Club. I’m also very involved with my college alumni groups here. I go to networking events as often as I can. I make and take the majority of our phone calls, and schedule meetings. Paul is very talented with computers. He is building our server from scratch, researching the best methods to keep time, scan documents, streamline client intake, and the like. Hence, while I’m out beating back the bushes, Paul can be working on the critical systems which make our firm work.

One of the best things about opening shop with your partner is having a sounding board with whom you can be authentic. We don’t have to watch our language when we’re frustrated, don’t have to make an appointment to see each other, and don’t have to worry about coming off to whiny. When Paul wants to throw the computer out the window, I listen. When I want to chuck the phone in the road, he listens. Our practice is very demanding and all-consuming. Things are much tougher than we originally thought they would be, thanks to the economy. That being said, I am incredibly grateful to have my husband as my partner in this venture. There are few things I feel I would be happier doing. Hokey as it sounds, I can honestly say we are living our dream.

Elizabeth Meehan, Esq.

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Written by Susan Cartier Liebel

Solo Practice University® » Passed the Bar – Hung A Shingle

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

Passed the Bar – Hung A Shingle – Elizabeth Meehan