Solo Practice University® » You Ask…I Answer

You Ask…I Answer. Should I Put My Picture on My Business Card?

Susan Cartier Liebel — Mon, 30 Jan 2012 12:30:32 +0000

Question: Susan, I can think of no better person to settle this debate than you. Recently, I was in a law practice course and it was suggested that solos put their pictures on their business cards –like real estate agents commonly do, and make them "glossy." Some say this is sort of unprofessional –again, like something a real estate agent would do. I can see the benefit of it, especially after considering the rationale –the person may forget your face and this is a reminder, etc. and the glossy surface can't be written over. However, I also think it is a bit cheesey –especially when people use outdated pictures, etc. I will say that when my card (which has a nice logo, etc) was placed next to a glossy one with a picture and what-not, mine looked plain….What is your take on this?

I believe the ultimate answer is very personal to the individual attorney. And the individual attorney has to consider who their audience is. Using face recognition is valid because if after meeting you, whether an event or a free consultation, if they go to your website to check you out where you DO have a picture they know they've landed on the right site. This alone can make it worthwhile given the number of website's out there.

More importantly, the more they see your face the further it pushes the potential client down the road toward conversion to paying client which is the goal, right? The more touching points a client has with you, the more likely they are to connect with you, again, and again. And if this idea of putting a picture on your business card seems cheesy, think of this; You put your picture on your website, your Facebook page, your YouTube videos, LinkedIn, Twitter, Google +, possibly brochures. Why would not put your picture on this small square of paper to reinforce the connection once having actually met the potential client?

You also mention in the same paragraph that some are of the opinion that real estate agents do it and therefore it is unprofessional. Is it? Or maybe they know something lawyers don't – visual recognition is a powerful tool. In the next breath you say you believe it to be 'cheesy'. Is it cheesy? Or is it that historically lawyers have never done it so you question the validity of doing it? Given what's happening in the legal profession today, it seems to me we should all be looking for ways to break away from the pack. Imagine you are at a networking event just having collected thirty cards. Which one is going to stand out to you when you review them later? (A little secret? I'm a visual person. When I scan the Facebook Timeline, LinkedIn and Twitter I'm looking for pictures of those I follow, not names. I forget names easily, but never faces. When someone changes their avatar I get thrown off. How many potential clients are like me?) The better question to ask is 'does it help me more than hurt me to have a picture on my business card?'

Personally, if I was practicing today. I would consider it and not dismiss it out of hand simply because realtors (who are professionals) do it and realtors are sales people and lawyers don't like the association with sales people. If you think it's cheesy because people use outdated pictures, don't use an outdated picture! But do use the same professional picture on all your advertising such as your web presences and brochures so clients and colleagues can continue to make the connection to you. The more often they connect, the closer you get to a new client.

What do you think? Do you use a picture on your business card already? How has it been received?

Written by Susan Cartier Liebel

You Ask…I Answer: I Want To Fire A Pro Bono Client. What Say You?

Susan Cartier Liebel — Mon, 12 Dec 2011 12:30:30 +0000

Question: Thank you so much for your website. I hung out a shingle, scared to DEATH, and then I found you. You have helped me draw many deep breaths since I went solo as a brand new attorney, and I am so grateful for your help.

If you have any time to share some thoughts with me, I would appreciate it. I am struggling with my decision to fire a pro bono client. I’m sure I’m not the only new attorney/solo who takes on pro bono clients because I 1) have the time and 2) want to help. How do I fire a pro bono client who is resisting my best efforts at client control? I represent a domestic violence survivor pro bono and she’s disrespectful and hard to work with. I’ve gone from feeling really good about what I’ve been able to do for her to dreading her calls. I’ve finally grown a spine and started strongly defining (to her) what I can and cannot help her with, but I’m not getting anywhere. I’m starting to get resentful, and I know this makes me a less effective advocate for her. I know there are many low income DV victims in my community who need my help and who will not be as difficult. But I just plain feel guilty contemplating firing this client because I know she has a very small chance of replacing me, and opposing counsel will take full advantage of her pro se status. I also fully anticipate some very ugly words if I fire her in person or over the phone. She’s started taking her frustration out on me.

Any thoughts?

Answer:

Thank you for your kind words about my blog. I'm glad I give you the kind of support you need.

Whether this woman is paying you or not doesn't change your exposure to malpractice, doesn't change your professional obligations to her OR her obligations to you as a client. You are entitled to respect and cooperation. Whether pro bono or not, I'm sure you have a clause in your retainer agreement which states you have the right to terminate representation pursuant to the Rules of Professional Conduct in your state and/or any local customs of your courts IF the client does not cooperate or makes it difficult for you to represent her. She needs to be reminded that just because she isn't paying for your services doesn't mean that your services are not worth paying for. And you need to remember this, too. This type of client, although you sympathize with her plight, is:

dragging you down professionally;
eating up your time which you could be using to market your services and educating yourself on how to get paying clients;
making you regret your generosity;
In making you regret your generosity, you may feel disinclined to do pro bono work for "many low income DV victims in my community who need my help."

Do not turn over your "power" to one bad client regardless their personal situation. Pro bono work poorly handled from a business perspective could very well put you out of business. (It would be interesting to see how many hours you could have billed to see the dollar value of the time you generously donated.)Pro bono work is a gift you give back to the community and it is part of a well-designed business plan. Understand its place in the worklife of a solo practitioner.

If you need to fire her, make sure you do it properly (get advice from a more seasoned lawyer) and for your safety, make sure you have someone present. Let her understand she has created this situation, and while you sympathize with her plight, she has made it impossible for you to work with her. If she is indigent, find out if there are other legal aid services or other attorneys who do similar pro bono work and provide the names of the agencies and the attorneys with telephone numbers so she has some direction.

Again, just because no money has changed hands does not mean you should treat her any differently than a paying client who is disruptive or uncooperative. If you make a mistake, your license to practice is still on the line.

Let us know how it works out. And if others have a suggestion, please add to the discussion.

Written by Susan Cartier Liebel

You Ask…I Answer – Going Solo But Not The Typical Situation

Susan Cartier Liebel — Mon, 17 Oct 2011 08:30:05 +0000

(A friend forwarded this question from a listserv he frequents because he wanted to know what I thought. Woulld love your contributions, too.)

I live in a major market and go to a T2. I am about top 35% so while biglaw is not an option [nor did I want it to be], I could hopefully get a job at a smaller firm if I put the effort in. My area of interest is wills, trusts, and estate planning, but more specifically, this practice area within a certain sub-sect of the community [a specific religious faith who have their own set of inheritance laws]. As far as getting clients is concerned, I grew up in this area and have family ties to most of the wealthy businessmen within the community—while I will likely have to do some work to get clients, I am pretty sure this will not be an issue for me. Not only do I know a lot of these people, but having seen me grow up, they are the type that would root for me and refer their friends to me as well.Aside from this, I am graduating with no debt and having a working spouse–not making 80k my first year is not an issue for me.

My basic concern is 1) being able to have time for a family and to pursue my other interests, and 2) practicing law in an area that interests me to some extent—I do not need a booming practice. It would be nice. I just don't want to waste my degree.

So my question is, I know that the general consensus is to NOT go into solo practice straight out of law school, but do you think that for someone like me that has a specific niche that the general advice is also applicable? What do you think are the potential pitfalls of doing this?

Also, do you have any advice as to what steps I can take right now to prepare me for solo practice?

Well, this is a problem I think many graduates today would like to have; no law school debt, a working spouse and no need to earn a ton a money to make ends meet! Not the typical situation.

While you are certainly not in the majority, the fact is there are many who don't necessarily have financial burdens who do want to go solo and face the same issues – should they go directly into solo practice from law school or still try to find a job to gain that ever more elusive 'experience'.

You have many, many things going for you:

1. No pressure of pending student loans

2. A built in niche

3. A community where you know everyone and everyone knows you.

4. Ties to people who are community leaders and will gladly refer you business and rooting for your success.

The only thing you are lacking is experience. Some may see that as a brick wall. It's absolutely not.

Besides the logistics of how you want to set up your practice, having experience in your particular area of law is not necessarily a prerequisite to starting your solo practice. What is important is having an experienced lawyer who you can turn to oversee, collaborate, keep you on the right track so you don't make critical mistakes impacting your client and ultimately your fledgling career.

This does not require you to put your solo practice dreams on hold. Nor should you get caught between a rock and a hard place – trying to get a job when there are no jobs to be gotten in order to get experience first in order to open your own practice.

Given you seem to have a lot of connections in your community and people who support you and want you to succeed, your best bet is to affiliate with another lawyer who will agree to serve as Of Counsel to your new practice. This lawyer should be a seasoned trusts and estates lawyer in your community. You can learn from him or her as they should be willing to be both mentor as well as oversee your work in exchange for compensation as permitted by your jurisdiction. Rachel Rodgers wrote a great piece on Adding Of Counsel which you may want to review.

Trusts and Estates is generally considered a family-friendly practice area. Not that there isn't hard work and time commitments. It's just not as strenuous a schedule as one that is driven by a packed court calendar and the needs of opposing counsel.

As for what you can be doing in school, start connecting with those very people who know you and want you to succeed. Let them know your plans upon passing the bar and see who is willing to enter into an arrangement with you for an Of Counsel position. They may find it very attractive on many levels because it can be an additional source of income for them as well as an opportunity to provide you with clients they don't choose to work with for any number of reasons. Ask if you may learn from them while you are in school, get a feel for the practice area and the document flow. Maybe they'll let you sit in on a client consultation so you can learn the interview process and pertinent questions. See some of the techniques used when dealing with sensitive subjects for the client including presenting your fees.

It seems as if you are entering into a very friendly environment, or at least you are comfortable with the environment. Being in school and knowing what you plan to do upon passing the bar makes every moment in school a safe place to start laying the groundwork. I find those who don't pay attention while in school and fail to make inroads early are the ones who struggle the most when reality sets in…this job market is not hospitable.

Written by Susan Cartier Liebel

You Ask….I Answer: ‘How Do I Tap My Network To Get Business’

Susan Cartier Liebel — Mon, 23 May 2011 11:30:44 +0000

Question: One of the things I am working on is asking "my people" for help. I realize that I have an amazing network! This "asking for help" and learning to "tap my network" is something that I must master. All of these amazing resources! I have to learn how to do this gracefully… any tips would be appreciated. Can you recommend a book? Maybe you have written an article on the topic? The thing is I don't want to appear needy. I need to keep these people's respect, but at the same time, I value their input. I want them to continue to see me as a peer. I am sure you understand what I am saying.

'Create Your Network Before You Need Them.' This is a paraphrased title from a great blog post by Jeremiah Owyang called "Build Your Network Before You Need Them" and he says it best here:

Those who ignore the party/conversation/network when they are content and decide to drop in when they need the network may not succeed. It’s pretty easy to spot those that are just joining the network purely to take –not to give. Therefore, be part of the party/conversation/network before you need anything from anyone. Start now, and continue to build relationships by giving now: share knowledge, help others, and become a trusted node and connector, not just an outlying ‘dot’ of a comet that swings in every 4 years or so.

When we build a network of connections, if you just join as a taker, you will be exposed as the opportunist you've been flagged to be. This is not what networking is about. Why do so many people get this wrong? No wonder networking is viewed as an intimidating chore by some, those very people who see it as 'asking' or 'begging' for something first rather than offering genuinely and generously first.

Networking is about letting others know what you can uniquely offer to them and sharing freely, positioning yourself as a resource, a sphere of influence or one who can direct others to those who can provide the information or services they seek. We are remembered best for those things we give freely without asking for anything in return. And without fail, the rewards come when we least expect it.

When you think of your next social and/or professional networking opportunity position yourself as a giver. Think first of what you can bring to the party rather than what you can take home in a doggie bag. The experience may be less intimidating because you are not asking for anything. This philosophy will not only help you to enjoy those 'networking events' but also make you a better professional and a better human being.

When connecting one-on-one in person on the phone, at a lunch, the principle is the same. It is about being a 'Giver' first. When you let people know what you are doing and ask how you might be able to help them in the future – genuinely – the awkwardness flies out the window because you are not asking for anything, you are offering without being asked for anything in return. Ultimately, while not a stated goal, you will be remembered for your unsolicited generosity and opportunities will be presented to you. This is not any new-fangled philosophy. It is simply human nature and a wonderful way to live your life.

The reason it is so hard to ask for help or for business is because asking for anything is not a natural state of being. Selfishness and self-centeredness is a learned trait. You watch younger children and they naturally look to share and help. When this generosity leaves us…I don't know. But helping is instinctive and when you get back to this normal state of being you will feel more natural and confident in building and tapping your network. Cast your bread upon the waters….

You Ask….I Answer. “Should I Go To Law School & What do Solos Earn?”

Susan Cartier Liebel — Sun, 24 Apr 2011 11:30:23 +0000

Given I just came back from the Future of Legal Ed Conference in NYC, it seems ironic I received this e-mail just before I went. While I answered the author in a shorter version prior to the conference, I've opted to post a more complete answer here because there are many with the same question.

Hello,

I've just come across your blog. I'm writing to you from my phone, so I apologize for the limited knowledge I have of your posts.

A little about me: I'm in my undergrad years, with roughly two years left. I have a 3.56 gpa and haven't yet taken the LSAT.

I am very interested in solo practice, but law school figures truly scare me. In my state of Michigan, average law school debt is about $100,000, while average starting pay is supposedly only about $50,000.

Interest being the way it is, after my undergrad loans and law debts, an Internet student debt calculator estimates that I'd end up paying about $250,000 in debt (should all payments be on time, etc.).

So that being said… Is it really possible for a small/mid-sized town solo attorney to be able to pay off the student loans, house payments, and still carve out a good living for themselves?

You seem to have a lot of information on the topic, and your insight would be HUGE to me, honestly.

Please give me any insights you may have, or refer me to any posts, sites, etc that you think would be well advising to me.

Basically I just wanna know if law school is worth the cost, and what a small town solo attorney can realistically expect to make.

Thank you so much for your time! I hope to hear back from you.

Sincerely,
Joshua S

Hi Joshua,

Thanks for the e-mail.

You are asking for a lot given I know so little about your background, your ambitions, how much you want to be a lawyer, your ability to relocate, your family obligations, your finances, even your age, etc.

So, I can only speak in generalizations.

First, make sure you really want to be a lawyer and really understand what being a lawyer is, not what you think a lawyer is or what you hope a lawyer is and does and earns. Understand the day-to-day ups and downs, the ups and downs of serving your clients and the profession, the challenges of running a business.

If you are in college there is a very easy way to 'sit on the beach and watch the action in the ocean': join the Solosez listserv (which is free and doesn't require membership) and lurk. Start getting a feel for the conversations, the issues that present themselves, who is in an area of law you could be interested in and start determining who has a 'voice' you want to follow. Start tracking their digital footprint on the internet through the various social media platforms. Find local lawyers or practice area lawyers you like, see if they blog and follow them. Reach out and see if you can talk with them in person about their experiences. You have at least two years to do this while you are finishing up your undegraduate degree.

After doing some soul searching and networking, if this is a true calling for you then you have to do some serious number-crunching to see how you are going to make it work financially. What are you willing to forgo in order to meet any and all financial obligations you will have during the course of your legal education and after?

If your goal is to go solo or small firm, I would encourage you to select the best law school you can afford. The best is not determined by USN&WR. It is determined by where you will get the best education for what you want to accomplish. Affordability doesn't just turn on how much student loan money you can get but how much you are comfortable being obligated for on a monthly basis after graduation and the next 25 years. Be the best student at the best school you can afford and take advantage of all they have to offer their best students.

You are already making assessments and doing some serious evaluating which is very smart. I would go a step further and find out how much your loan payments would be upon graduating law school as well as projected living costs to determine how much you NEED to earn after graduation in order to not only live day-t0-day but to make a life for yourself. You don't want student loans to prevent you from having a life. You want them to be a monthly responsibility you can reasonably afford without drowning and foreclosing the chance to actually build a life for yourself.

When you get to that number, look at the realities of practicing and try to project out what this will be like in five years from today when you conceivably start practicing. The legal profession is moving very fast and changing literally daily. You have to closely monitor and plan for these rapid fire changes that will undoubtedly impact your livelihood. In many ways, it's become the wild west and the new frontier.

In addition, accrediting bodies and state authorities are trying to erect even more hurdles upon graduation which you must jump which could inhibit your plans to go solo right away. How realistic then is it for you to get a job working for another if your state erects such barriers?

I'm not looking to dissuade you. I don't know you. However, I do know many students do not take a serious look at the costs and benefits of graduate school and the reality of the returns separate and apart from believing they want to be lawyers for noble purposes. They do believe they are special and will defy the odds. It's OK to have that attitude while also looking at the practical side of the issues and making informed decisions which will impact the rest of your life.

Do you believe no matter the cost all you've ever wanted to be is a lawyer and nothing is going to stop you? Or do you believe law is a noble profession and one which you would enjoy if everything falls into place? Or do you believe you simply want a graduate degree to separate you from the pack and whether or not you practice law, as long as you make a respectable living, it's as good a choice as any? How you answer this question will determine many things.

Given the economy, the cost of a legal education, the saturation of lawyers, the downward pricing pressures on the majority of lawyers, the growth of overseas competition, and the hustle to revamp existing practices to eke out a living as a result, unless you fall into the first category, I would seriously reconsider the choice of law school as a profession.

I can say this very question was addressed at the Future of Legal Ed Conference. When recognizing the increasing criticism being leveled at law schools, the value of a legal education was strongly reinforced. The recurring theme was you can't take away this unique knowledge and the license you receive. However, only you can determine if this unique knowledge and license is worth the 'investment'. I think you will discover the answer when you honestly determine 'why' you are considering law school. If it is for any reason other than the fulfillment of a lifelong passion and you can't imagine being anything but a lawyer, then it's not worth the financial burden you will bear for the majority of your adult life.

How Much Does A Solo Earn?

As to how much a solo earns? You can read this post here. And throughout my blog you will find a lot of information, particularly under Demographics/Economics and Inspiration. Which category resonates with you the most…I guess that will also influence your path.

But for something a little more concrete and unbiased, in 1999 a book came out called The Millionaire Next Door. Clearly this book isn't focused on lawyers. However, I happened upon a chart called 'The Top Ten Most Profitable Sole-Propietorship Businesses" which was put together based upon IRS federal tax data for 1992 and for the sole purpose of comparing gross receipts required to generate the average net incomes of traditional sole proprietorships compared to that of Coal Mining (don't ask;-). It listed Legal Services as 10th. The number of legal services sole proprietors in 1992 was 280, 946. Their average net income was $39, 800 with gross receipts of $84,000. (The percent of sole proprietors indicating a net income was 86.6%). This means for every dollar earned the sole proprietor took home less than $.48. This rings true for me as just a few years later when I started practicing the established law firm in our building shared they paid approximately $.55 of every dollar to overhead. We did not have support staff or a library or health care plans, unemployment insurance, etc. and took home about $.70 of every dollar.

If you were to convert the 1992 net and gross numbers to 2011 dollars via an historical currency converter, a sole proprietor today would on average be netting $63,392 and grossing $133,793.50. However, I do not believe sole proprietors today are paying $.55 of every dollar to overhead. Technology, virtual offices, remote independent staff have cut costs considerably. If you reduced overhead to 30% of gross receipts, it would reduce needed gross sales to roughly $90,000 per year. (Again, this is totally unscientific, does not reflect years practicing, practice areas, nor is it broken down by state. However, I trust these numbers because they were not voluntarily reported but gathered from tax records for a purpose totally unrelated to the actual question so bias is absent.)

Yes, these numbers do not reflect our current economy. However, for purposes of calculating a pure return on investment, I'd say this is a very reasonable number to work with when determining if you can build a life as a solo practitioner with student loan debt of $250,000. I wouldn't use this number, though, for your first year or two after law school as this represents an average.

In conclusion, whether law school is a good choice given all the variables, I know it's lame….but only you can decide what works for you.

To our audience, please chime in with your thoughts on the subject. Mine is but one opinion and perspective.

Written by Susan Cartier Liebel

You Ask…I Answer – How Do I Counsel New Graduates?

Susan Cartier Liebel — Mon, 15 Feb 2010 12:30:54 +0000

Question: Recently I have been pressed into counseling recent grads who are not getting picked up by firms and who are terrified about getting behind in paying back their student loans. A number of these grads don't feel confident enough to even consider a solo practice because of the pressure of loan repayment. They are also concerned that if they do try their own practice, when the economy eventually turns around, firms still won't be interested in them as new hires. It seems their thinking is that firms prefer to train their newbies and folks who opened their own firms should be viewed as competitors rather than newbies to the profession."

While I received this paragraph in the context of a much larger e-mail on a variety of topics, it jumped out at me because there are many career counselors and professors and more seasoned lawyers being asked this very question by soon-to-be lawyers. I'd like to inject some realism into the thinking of these soon-to-be lawyers:

Plan for solo practice, not the Big Law job and the Big Law job opportunity may present itself.

To answer you regarding this particular thinking, the new grads are worrying about the wrong issue and their thinking is incorrect. They should plan for solo practice BECAUSE of the economy and by doing so, they are MORE attractive to the new firm emerging out of this chaos. Why? The new firms are going to be (or should be) more interested in self-starters and someone who doesn't have to be hand-held through any process, who can make rain independently and reduce the large firm's initial training costs. The new 'associate' will have to be a genuine profit-center in the newest sense, not in the oldest sense of just grunt work and racking up billable hours, but by generating business from the beginning.

The other practical reality is if they are going to start a business it can't be half-hearted and with the idea they are biding time until 'THE JOB' comes along. In a recent Wall Street Journal article on all micropreneurs, they emphasize temporary thinking about your venture is a recipe for failure.

If a(lawyer) views the condition as temporary, it's almost a guarantee that however long it lasts, it won't go well. Unless you think about it as a job itself—requiring time, investment, thought—you won't get much of a return. Waiting for business to find you is not something successful (lawyers) do. Clients know a halfhearted attempt when they see one.

They have to act as if this WILL be their professional future and make it work for them. Then if an opportunity presents itself, which it does often when one is in the self-starter mode, they are more prepared to consider the pros and cons of employment or partnership or 'of counsel' opportunities. They are seen as peers in the profession even if there is an experience-gap, because regardless the experience, they can be across the table in an adversarial role representing a client.

Final thoughts: Do not go into solo practice if you see starting your own practice as biding time until 'THE JOB' comes along. This will actually harm you professionally as both potential clients and peers will be able to read your attitude immediately. You will be unattractive to clients and those who might have considered you for employment, partnership, referrals or other opportunities.

Written by Susan Cartier Liebel

"You Ask…I Answer" – If I Know I'm Going Solo What Should I Be Doing During The Summer?

Susan Cartier Liebel — Mon, 27 Apr 2009 12:00:06 +0000

(It's that time of year…so I resurrected a post from last year for all those law students who want to know what to do this summer to further their solo ambitions.)

The question this week comes from the gifted Anastasia Pryanikova who writes Lawsagna , a blog which provides very valuable information to law students currently navigating through law school, the practical, the spiritual, and the inspirational.

Question: I saw your category of "You Ask…I Answer" posts and thought I'd ask a question on behalf of my readers. Summer time is when many students try to get practical experience by interning at a firm, government or non-profit. If students know they would like to go solo after graduation, what would you recommend they do during their summers to prepare for their solo practice?

Answer:

Anastasia, this is a difficult yet easy answer at the same time. So, where to begin. If you know you are going to become a solo practitioner upon passing the bar then everything you do, from your course selection to your extracurricular activities to your summer internships should be geared towards two things, networking/building professional relationships and gaining 'practical' experience that mirrors the life of a solo practitioner.

Therefore, and I know some will give me flack for this….does it make sense to spend your time on Moot Court and taking courses in Entertainment Law, or getting practical experience interviewing clients and working on real cases through your internship and externship programs as well as taking courses in the basic practice areas the average consumer will hire you for? Should you be burning credits taking philosophical courses or business management courses? Should you be learning how to interview, negotiate and mediate with your extra credits or just taking irrelevant gut courses? Should your extra time be devoted to volunteering in a solo's office (unpaid) or competing for Law Review (unpaid.) You have to map out the course in the law school which serves your ultimate goal. Some may argue you can't really know. I say most students do know if they want to be an employee or an entrepreneur

In your three years of law school everything you do should be laying the foundation for your solo practice. Everything. And here comes the blasphemy. If you KNOW you are going out on your own, do not put the extra energy into getting A's in all your classes. No client you get is going to ask your class rank or what your grade was in torts. Only an employer will during the screening process. Spend your extra energy and time learning the business of law in the trenches.

So, how do you spend your summers? By getting in the trenches. Let me preface this, however. In the trenches is not a summer associate position doing document review at a mid-sized firm where you have no client contact, no opportunity to visit the court house, no exposure to rainmaking or the business end of running a law practice. You gain nothing in furtherance of your solo practice. In the trenches is not worrying about getting paid for your legal work…bartend at night if you have to earn money because you can't get a paid legal position that gets you in the trenches. But, you HAVE to get in the trenches.

Be prepared to give away your time….call it a marketing expense…and then follow these three steps.

Find solos/small firms who do the type of work you are interested in doing. Ask for a job.

If they are not hiring, tell them you would like to work for free shadowing the attorney and be given the opportunity to learn about the business of running a law firm as well as doing the legal work.

THEN tell them you would like to practice your rain making skills (that will perk up their ears) and if you bring business to the firm, you would like to work on that case and get paid an hourly rate for the work you do on this particular case.

This three step approach is very important to your solo success. You will learn the following important lesson: "If you are not bringing in money, you are overhead. And overhead is expendable."

As a solo you have to be first and foremost a rainmaker. You have to learn to bring in business. And 62% of all your business will be directed to you from your friends, family and co-workers. So, whether you realize it now or not, you already have a huge pool of people ready to be leveraged. These same people are very anxious for you to graduate so they can refer business to you. If you let them know you are working for Attorney XXXX and, although you are not a lawyer yet, you will be able to work on the case and gain experience for your solo practice, they will send business your way. You will be able to start meeting other practicing attorneys and develop professional relationships. You will be able to hone your interviewing skills, see how to 'close' clients on retaining your services and then be able to do the actual legal work. It will closely mirror your experiences as a solo.

And you bring value to the attorney without being overhead. This is very important. Having you in their office presents a no lose situation for the accommodating attorney. The business you bring in is business they would not otherwise have gotten and it is gained at no marketing cost to them. And if you prove your worth bringing in business and producing quality product, you may be able to parlay this into a regularly paying gig until you graduate and pass the bar. You bring value to the law office…it is "what you can do for them." This is the real selling feature. And if you can advocate for yourself in this way, you can effectively advocate for others when you've passed the bar.

If you can't get a paid legal job or a position as described above, and you are not working or working part time and have hours left, start acting like a lawyer. What does that mean? Spend time at the court house. Get to know the players meaning the top lawyers, law firms in the area of law you want to practice. Watch them in court. Watch the procedures in court. Learn about court-appointed lists attorneys can get on for appointments to do legal work. Go to the criminal courts, the family courts, the bankruptcy court, the probate court and watch and learn. If you find a lawyer who is doing a trial or an interesting case, get a copy of the motions in the file to start building your form file. Be seen. Be heard if it is appropriate by introducing yourself as a law student who enjoyed watching the lawyer. Now for something interesting:

Make up calling cards. That's right. Calling cards. You are not a lawyer but you can have a card with your name, contact information including e-mail and expected date of graduation to use for introduction. This is not pretentious. This is smart. Imagine you meet a lawyer you would like to work with as described above. You are talking with him about his case and hand him a calling card and say, "I would love to shadow you some time, maybe bring some business your way while I'm in law school. I'm not a lawyer yet but I have a lot people anxious for me to get my degree. I'd like to be able to refer them to a great lawyer." Remember, you have to learn to make rain for yourself, too. Great way to practice.

I hope this answers your readers' questions. And if others have ideas about how to get practical experience during the summer which will help their solo practice efforts, please share. I know this has just skimmed the surface.

If you'd like to read the original comments this post generated you can do so here. And feel free to add to the conversation!

Written by Susan Cartier Liebel

"You Ask…I Answer" – Should I Leave A Six Figure Job To Go Solo?

Susan Cartier Liebel — Sat, 31 Jan 2009 02:46:07 +0000

Question: I am a prosecutor with the Department of Justice. I've been at it for 6 years, and prior to that was at the state AG's office for 6 yrs … and the list goes on.

Basically I have been practicing for about 16 1/2 years. I've considered going out on my own off and on for many years but fear has held me back. I have a very decent salary well over $100,000 and the thought of starting my own practice in this economy scares the heck out of me. But.. I am really unhappy working on somebody else's schedule and just really not caring or being passionate about my job. I feel completely removed from the reason that I went in to law – which is to help people.

I'm just wondering is it really a foolish idea to consider opening my own practice in this economy? I'm interested in domestic law and wills and estates.

Thank you.

Right now every lawyer who is looking for a job and terrified of their student loans and this economy is screaming, "NO! What I wouldn't do for a job like this! You're crazy!"

Well, that's like a group of larger sized women looking at a size four woman who used to be a size two and not understanding she still feels uncomfortable and miserable in her clothes even if a size four is still considered small by all standards. Although she is slender compared to someone who is larger than a size four the discomfort that comes from not being comfortable in your skin still impacts your self-esteem, how you feel every morning when you wake up and your overall health on a daily basis. (This was not meant to be a sexist statement, just an analogy maybe some can relate to.)

So, how to answer this question? This person is employed but miserable in her job. Regardless the economy, my advice would be the same and what I have counseled others to do. If you are employed, stay employed but with the goal of working towards a different type of employment – self employment – if that is what you have your heart set on because no one can understand your angst at working in your chosen profession in a way which leaves you feeling empty regardless the size of the paycheck.

Therefore, is it foolish? It's your life, your risks and your rewards. You have to listen to your gut.. I don't know all your particulars such as whether or not you have a spouse and that person has steady employment? Do you currently live at the edge of your income? Do you provide the benefits for your household? Nor do I know your skill sets and whether you have built a reserve to cover you while you are getting your feet wet. But you do make a decent salary and probably work 9-5. And this economy is undeniably in a tailspin.

However, imagine if you constructed your business plan, started a VLO and did trusts & estates outside of your traditional work hours providing you are permitted to moonlight. There is no litigation so you are not limited to traditional work hours and depending upon how you construct your VLO, meeting clients can be limited. You work to build your client base as well as get a feel for whether or not you truly like what you envision is the greener pasture. You develop your network through blogging and other social media sites such as LinkedIn, Twitter, Facebook. You build a cash reserve to cover your expenses. Once you feel comfortable doing this and having planned financially…then decide if 1) you like working on your own and the pasture is in fact greener and 2) are really ready to get rid of the paycheck and benefits.

It seems to me if you are miserable in your job or feel unfulfilled for some reason, you should explore the opportunities and learn about being out there on your own without jeopardizing your current situation. Just planning for self-employment can make your current situation more palatable. (However, it has also been known to make people very anxious to jump into solo practice sooner then they are ready.) This is a luxury many new solos don't have. You at least have a safety net and practice area interests which permit you to work non-traditionally. And the added bonus, no one is really secure in their job. Creating a plan B, even if you don't use it voluntarily, gives you some comfort. You know it is there if you if you need to use it because of an involuntarily layoff. In today's economy, I think every employed lawyer should have a plan B which doesn't include getting another comparable legal job. Why? The odds of getting a seat in today's legal jobs musical chairs game are getting slimmer and slimmer….as more and more chairs disappear.

I would also like to throw this question out to my readers. What advice do you have? What have been your experiences or feelings on the subject?

Written by Susan Cartier Liebel