THE SOLO LAWYER

Hanging Your Shingle with a Shoestring Budget: 10 Tips for Starting a Solo Practice

2011-12-31T12:22:00.000-08:00

Whether you have been thinking about going out on your own or were recently laid-off, you may be planning a start-up solo practice. The problem may be starting as a pauper on a shoestring budget. "When Abraham Lincoln was an attorney he was able to do it," so you could be saying to yourself, "why can't I?"

The truth of the matter, as with starting any business, is that undercapitalization is a serious disadvantage to overcome. It can mean a swift crash-and-burn for any enterprise that is starting out. And there is the competition to deal with.

Here are 10 tips for the pauper-start-up, solo practice on a small budget:

1. I begin with Sun Tzu, and paraphrase his famous quotation, All battles are won in the planning stages. At the expense of being a little cliche, you may have heard this one before as it is axiomatic in business. A small legal practice is no exception. If you do not have a plan, more specifically a well-defined business plan, you will likely have a poor execution of your business. Part of this plan must include an equally delineated marketing plan, which is one of the core elements to be followed "religiously," daily, weekly, monthly, and so on.

2. Speak to trusted solo attorneys or former solos who found success. (You may want to be careful who you confide in, especially if you are still working for someone - you never know how word can get around.) It is never a good idea to believe you know everything or can get all the information you need from a book or the internet. Other's wisdom can be worth more than what money can buy. A common theme in the advice you will find is that sole practitioners made strong business alliances with other attorneys and business owners. These two are perhaps the strongest sources of good referrals and steady contract work. Many attorneys, for instance, do not have the time nor expertise for certain cases or matters, and they may have told a prospective client about referring the work to another attorney. Once you gain trust, that referral could be yours. Building trust can be gained by doing some smaller work for another practitioner and demonstrating competency and reliability.

3. The previous tip naturally leads to this: network, network, and network. But network in worthwhile places and groups. There are few things starting out more frustrating than unproductive or lazy networks. A local bar association can be a great place to meet other professionals, but a section of the bar such as the estate planning one may mean just CLEs and collaboration. You will be hoping for work from your competitors! Maybe you can get some. And referrals from them may be few. In the alternative, I recommend seeking a section of the bar where there is a good cross-over of work where you can refer out what others need and they can do the same for you. For example, family law attorneys are great for estate planning attorneys. Let them do the divorces that you cannot, and they may want to send you business to re-write the wills and trusts, which is usually necessary following divorce. The same can go for family law attorneys and bankruptcy practitioners - often following bankruptcy people can divorce, and following divorce people can need to file a chapter 7 or 13.

4. Know and practice your "bread-and-butter" law: family, criminal, business, estate planning, debtor work, and general civil litigation. These areas tend to be steady in any economy and some are more so in a poor economy. Yet, also find a specialty, which may require certification or practice hours. Pro bono work can help get you the practice hours where the paid work is unavailable. It is typically encouraged to do 50 - 75 hours of pro bono work. Thus, offer the free time wisely in the ares you want to focus on. Legal-aid clinics in your area can be a good source. But trust me, there are plenty of people who want "free legal" and there will be no problem finding it. Just have a good pro bono policy and agreement form for the client. Getting recognition for doing pro bono work is good, but don't gain the reputation of being the "free attorney." You need paying clients to stay in business, and those who can't pay you are the least likely to send you good business. Sometimes you need to politely decline some referrals as well.

5. Trust in the 80/20 principle. This means that in the beginning 80 percent of what you do is marketing and rainmaking to get clients and 20 percent is doing the legal or business work. Later on, the goal is to flip this ratio. What is more, that 80 percent is following the broad marketing plan and the evolving one that conforms to changes in the market as they arise. A marketing plan should never be static. It needs to change over time to account for market trends. Think about this, lawyers 20 years ago had no need for internet marketing, 10 years ago online marketing through social networking sites was not in vogue either. Now, they are becoming indispensable. However, the marketing plan must also be diversified; don't put all your scarce eggs in one basket:

Have a plan that includes business and social groups, some which cost nothing to join, such as those with a church organization; go to a leads group with good professionals that can offer leads, like accountants and realtorsprofitable referrals; don't spend a dime on advertising unless the seller can provide tested methods using metrics in which dollars translate into phone calls or emails that lead to clients; market and brand yourself by doing seminars that provide people with relevant and useful information.

The list goes on, but these are some well tested marketing tools.

6. Truly, focus on these centers of influence mentioned above. Relationship building and establishing trust are key. They will want your business and you will want theirs only if these are first in place. Offer to buy them coffee or lunch as these tend to be the best casual meetings during the business day. The "contact" ought to be someone who is successful, has a good reputation, knows a lot of people, has clientele, etc.; and she/he is "interviewing" you as much as you are doing the same. Find out what they need. Ask your appointment if she/he is working with an attorney who practices in your primary area(s). If they are already working with someone who is your competition, then consider someone else, but stay in touch and make sure to show appreciation for meeting with that person. Lastly, go to your strongest connections, and friends first. They will, or should, be the most willing to help you when starting out; although, don't forget to maintain the professionalism no matter who you are networking with.

7. Use a proven system. When I wasn't practicing law, I did sales. And I learned many things doing sales that law school will never teach you. One thing any successful salesperson will tell you is that their pipeline for new business depends on an effective sales system. Your marketing plan needs a system that lines up activities for each day, each week, each month, and each quarter and year. There should be an activity planned almost every day and week that is outlined in the ongoing marketing plan with the goal of reaching a minimum number of contacts. Sales? Yes. Lawyers are indirectly "selling their services" as much as marketing them. At any rate, proficient sales skills are essential to a solo attorney starting their business. You very well may be an exceptional attorney, but without sales skills your services will be harder to close with prospective clients. But it will also be harder to have anyone in front of you to attempt to close your services with unless you have a good system that gets you appointments. In sum, the law office needs deliberate communications to go out consistently and specifically to a target market. How this is done will depend on the practice and service offered. Caution to the wise: the ABA ethics rules adopted by the large majority of states allow some advertising, but always check the rules before engaging in any "sales efforts."

8. Create an affinity and attraction to you that will mean good clients sending you good clients. Centers of influence can send you good clients, and working with strong centers of influence will assist in filling the 60 - 80 percent of your clientele that comes from referrals. The business of practicing law as a sole practitioner, or otherwise, is one predicated on referrals. Your branding and image will mean something in terms of those who do not know you and may hire you as opposed to another attorney. Yet the connections you have with your current and former clients is a main artery for your new clientele. Reach out to clients in a way that is sincere when using mailers or other tools; i.e. invite them to a seminar you are presenting, or hold an open house, but avoid being impersonal when you go about it. Address your clients directly and try to make connections that are lasting and meaningful. The hardest part is gaining those clients with whom you can have a lasting and meaningful connection and turning down those with whom you'll have the opposite. In other words, "don't step over a dollar to pick up a dime." It is okay to be discriminatory in as far as doing legal work for someone. Just remember using proper disengagement or decline letters, and be tactful. As a side note, working-professionals, successful tradespersons and business owners will be best to have in your client base; sifting through various personality types you can work well with comes with some time and learning how certain "people-types" function.

9. The right location and demographics, as any entrepreneur who has made it will tell you, are essential. You may be renting an office space, and so before signing a lease make sure you are in a location that best serves the demographic that has the highest percentage of your target market. Being where the other attorneys are can be good and bad. It can be good because that is where the legal action is, and such locations are often near the courthouse. You are also nearby where you can get work from other attorneys. It can be bad if you cannot afford the rent. The other consideration is if you are relocating, study the demographic to see how many active attorneys are in the area. Go where there is growth and less attorneys per capita. Presently, migration due to the weak economy will mean some areas are growing. Your state may have such a place. So, what about those on the small budget? They will likely have to start practicing out of their homes. At times, though, an office sharing arrangement can be found with an established practice where rent is free, but labor is given in exchange. This can be a good fit for some as long as the work traded is comensurate with the rent. Otherwise, there are a growing number of flexible lease plans being offered these days for office time sharing or limited day use, which can mean leasing a space for as little as $99 or so a month. If you must work from home, network around and try to find someone willing to let you use their extra office or boardroom when you need it.

10. Always provide high quality work and attention. No matter how busy or not so busy you are give your best to each matter and each client. This applies even to the client you will part ways with. Moreover, when parting ways try to do so amicably. Do what you can to avoid "bad blood" because word of mouth is like wild-fire. Return client calls within 24-hours, or if they have email let them know when you will call should you be unavailable by phone that day. Or schedule a telephone conference as any other meeting, and be transparent about being busy. Most people know that attorneys are busy people. Plus, being busy shows you are in demand for others. The worst thing, however, is a client who feels blown-off by their attorney. Their message to others will be that their attorney never returns calls, and this will mean poor rapport with the client and no referrals.

Given the state of the economy for the past few years, more attorneys are going solo. Starting a practice can have its benefits and can also have its challenges. Going about by using general and applicable business principles along with the special ones that uniquely apply to the legal business is crucial to success. There is a lot more to the above, and there is much to be learned before and after starting one's own practice. Following these tips can aid the solo attorney starting out, but as to each practice there will be variables that will define how to employ them. I wish to those who are going solo, the very best of luck!

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Blogging, Branding & Marketing for Solos

Can a Lawyer Be Hired as a Paralegal? Adaptation in the Evolving Legal Environment

2011-12-22T11:26:00.000-08:00

An interesting question posed by JDs and attorneys who no longer wish to practice is, "Can a lawyer be hired as a paralegal?" Or put another way, "Can a lawyer find work as a paralegal?" There are a few factors that can give rise to these questions: (1) the poor economy and downsizing of firms that are hiring paralegals over attorneys, (2) attorneys who are retired or relocated outside the jurisdiction where they used to practice, (3) attorneys who simply no longer want to practice law. The obvious negative factors are the attorney is disbarred or suspended and/or perhaps has some serious disciplinary actions on his or her license. Somewhere in the middle is the factor where an attorney is chronically unemployed and cannot get hired. Underscoring all of these is the troubling "question" of the future for the "legal environment" and its "food chain" from which practitioners are to survive. Such is so because the above questions are being asked more frequently now than before.

One point aside requires some clarification: the foregoing questions are muddled in part due to a conflict over titles. Attorneys starting out, or JDs taking the bar, are typically hired as legal clerks, a title that is distinct from the common notion of what is a paralegal. Often, lawyers start their careers as clerks for law offices or the courts. Working as a clerk after one has practiced, however, is not the norm.

The distinction between what a paralegal does compared to a clerk is somewhat blurred, although the titles do carry some importance. And the legal community has taken some effort in delineating the two roles.

On the one hand, hiring licensed JDs as paralegals is argued by some to be problematic because of the lack of commitment by attorneys who may be buying their time until they find full-time practice work. As a corollary to this, some employers have concerns that an attorney who spends years of study and substantial resources in obtaining a JD and license to practice will not be content enough to stay in a paralegal position. On the other hand, attorneys who are applying as a paralegal raise possible red flags, begging the question as to those negative factors stated above. In addition, an employer may likewise wonder why the attorney is looking to take a "step back" or is unable to find work using his or her license. Needless to say, the applicant will appear awkward compared to the others who are not attorneys or JDs.

So, what can attorneys do when facing an extremely dire job market? Moreover, transferring to another jurisdiction where there is more work has its hurdles as well. This is especially the case for those who either do not have the requisite number of legal practice years, which are on average 5 -7 for admission on motion, or those who cannot easily relocate due to being rooted in their area. Clerk positions seem like a good option, but when investigating the job prospects they are fairly difficult to land when top graduates are the "first round picks."

With the estimated 28 percent job growth for paralegals from 2008 - 2018 compared to 13 percent during the same period for attorneys, the idea of working as a paralegal sounds enticing. Regardless, this to many has a poor ring to it because earning a JD is by design a prerequisite for working as an attorney. According to the statistics, however, the legal job market is clearly demanding more paraprofessionals than licensed ones. The protracted recession is also creating a scenario where overhead costs can be lowered by hiring less attorneys and paralegals instead. Changes in the industry as well as new technologies indicate a trend toward streamlining and packaging legal work in ways that are unprecedented, which is invariably resulting in more outsourcing than ever before. Much of this can be attributed to the Internet and IT infrastructure that is now incomparable to just 15 years ago.

One scholar, notably author Richard Susskind, in his debated work The End of Lawyers is arguing that said trends may mean that attorneys will progressively fade from prominence in favor of more economical and practical solutions to legal work. The primary theme of his book is how technology is the driving force changing our profession. In support of his thesis Susskind predicts and discusses the following legal service trends, some of which are happening now, continuing into the future:

· in-sourcing

· de-lawyering

· relocating

· off-shoring

· outsourcing

· subcontracting

· co-sourcing

· leasing

· home-sourcing

· open-sourcing

· computerizing

· no-sourcing

His analysis postulates how these will improve cost-benefits for the industry and result in advantages such as greater efficiency. These are the upshot.

In sum, Susskind summarizes his central thesis as, in his words:

If I may give away the ending, [I] will point to a future in which conventional legal advisers will be much less prominent in society than today and, in some walks of life, will have no visibility at all. This, I believe, is where we will be taken by two forces: by a market pull towards commoditisation and by pervasive development and uptake of information technology. Commoditisation and IT will shape and characterise 21st century legal service.

His message is that lawyers in the 21st century will need to adapt to the changes technology produces in order maintain their survival in the legal workplace. This means changing working practices and "extending [the] range of services," systematizing and sourcing work through embracing various technologies and effectively using them.

Depending on the point of reference, one observable problem with any large organization or long established trade, or profession, is that even when change is accepted, and is necessary, action is painfully slow. The legal industry is no exception. Empirically, reactive change is more often seen than proactive change. Therefore firms that have the largest market share of legal work are the least likely to lead in embracing movements considered unconventional whether it is a divergent rebalancing of the internal workforce and/or implementation of the newest technology. But the same may not be true for smaller practices and some mid-sized ones which employ a great number of private attorneys. In essence, I agree with Susskind. Yet, I wish to add a few other considerations.

Susskind's vision is compatible with allocating human resources in a manner that allows attorneys to compete for the same positions that can be filled by paralegals and it is worth exploration. The inherent barrier to this, unfortunately, is much more of an attitudinal one as opposed to a practical one. However, the changing paradigm of the legal industry may find some congruence in placing attorneys into paralegal spots whereas the "square peg may be able to fit into the round hole." In other words, as more and more attorneys flood the job market with less and less open positions their skills can be purchased as "well priced commodities" having substantial value. The work that needs to be done regardless of who performs it tends to be the same. Oversight of the work coupled with the demands for quality and competency are otherwise more variable.

But where technology can streamline certain processes, such as is the case with the bulk of legal work, i.e. research, writing, and document preparation, the commission of attorneys as decision-makers charged with oversight is attenuated. Although this may be in motion at the present to an uncertain extent, the full aftermath is not yet fully accepted nor is it being meaningfully realized by the legal community. And law schools are particularly reticent to the changes going on because they are naturally constrained to promote the need for more attorneys in order to sustain themselves. Aspiring attorneys go to law school usually with the goal of practicing law. They are not edified, though, with a career development plan that accounts for long-term employment in the practice of law. Therefore we cannot expect the number of new attorney entrants to suddenly drop despite a likely decrease in demand for their services. Ironically, if one were to poll law school graduates and attorneys two important results become apparent: (1) attorney dissatisfaction rates are greater than fifty percent, and (2) attorneys are seeking to transition into legal work outside of the licensed practice of law as well as into non-legal work altogether.

What this means, at least for now, is that there will be a great number of attorneys in excess of the number of jobs available or obtainable. Some will find work where their skills are transferable, for example in teaching or in business. Yet many others will be in "job-limbo." Accordingly, employers in need of legal labor can capitalize on this surplus. One way is through offering more contract work. Another can be done, and with some accountability, through the creation of new positions and titles or specialized roles that do not necessarily fit evenly within the common work-detail traditionally performed by the modern paralegal. Such would be consistent with productive evolution and modernization; effective adaptation invariably means change that is well fit to the circumstances.

Attorneys can also adapt in kind. And though it may entail some risk, marketing one's services to compete with paralegal jobs is possible. The big question is, how? I would imagine inventive resume and cover letter tactics may be too revolutionary or uncomfortable for some; and being met with resistance by employers can cause some apprehension in the process. However, acceptance of the possible negatives is necessary if an attorney truly desires legal work outside of practicing law. Many retired attorneys in Florida, for instance, have obtained non-practice legal work. Perhaps they used their wisdom and experience to their advantage. If seeking to do the same whether retired or not, the honest approach is best; explain why you are desiring the non-attorney position. Additionally, network within the right circles, or go through various organizations like the paralegal section of the local bar association, the NFPA or NALA. Talk to attorneys you know and trust. There are no written rules against lawyers working as paralegals, just the stubborn unwritten ones that some are open to ignoring. Consequently, history has shown that being unconventional and revolutionary can later have its rewards.

The Economics of Legal Education: Redirection and Reform in Law Schools, Colleges, and Universities

2011-06-03T11:09:00.000-07:00

Introduction:

During orientation of the University of Colorado School of Law Class of 2004, some - and few - may recall then Dean Harold H. Bruff (1996 -2003) exclaiming how law students begin their legal career on the "first day" of the program. Following, Dean Bruff mentioned with various certitude regarding lawyers, especially young lawyers, their importance in society, namely and proudly the rank and file of the CU Law School alumni. Numbers were then presented extolling the numbers of such alumni sitting as judges on the Federal Bench or otherwise working in the prestigious firms around the nation earning six-figures.

Such may be reminiscent in the orientation speeches of many law schools throughout the country. The promises of prestige or wealth are, quite frankly, an attractive feature of going to law school and becoming a licensed attorney. There are other selling points such as the intellectual satisfaction and challenges, status in academia and in society, etc. The outlook following graduation for most in law schools was, and may yet still be, largely positive. However, the reality for many aspiring law graduates either taking the bar or having already passed is a hyper-competitive job market marked by a deficit of suitable employment or any at all.

The Numbers:

The numbers from the United States Labor Department, Bureau of Labor Statistics, seem to reinforce those feelings of positivism. They project a 13 percent increase in jobs for lawyers between 2008 - 2018. This increase, the Bureau notes, is due to "Growth in the population and in the level of business activity [which] is expected to create more legal transactions, civil disputes, and criminal cases." Moreover according to the same, "Job growth among lawyers also will result from increasing demand for legal services in such areas as health care, intellectual property, bankruptcy, corporate and security litigation, antitrust law, and environmental law. In addition, the wider availability and affordability of legal clinics should result in increased use of legal services by middle-income people." This is the upshot.

The downside is the recession and, as the Bureau also notes, "growth in demand for lawyers will be constrained as businesses increasingly use large accounting firms and paralegals to perform some of the same functions that lawyers do." They evidence that, "For example, accounting firms may provide employee-benefit counseling, process documents, or handle various other services previously performed by a law firm. Also, mediation and dispute resolution are increasingly being used as alternatives to litigation." The poor economy that resulted in stringent budgets across the board would logically only exacerbate some of these factors. The result is to recruit labor, such as paralegals, to do the same work but for less.

It makes some sense, although the nexus between the numbers is not stated, that for those in the paralegal profession, the Bureau of Labor Statistics projects job growth for them to increase 28 percent during 2008 -18. And while "Paralegals and legal assistants held about 263,800 jobs in 2008," according to the same source, the Bureau estimates that "Lawyers held about 759,200 jobs in 2008." One problem, if not apparent from these numbers alone, is that the ratio of lawyers to paralegals is roughly 3:1, which means there are likely too many lawyers. How many is too many is not clear.

Doug Mataconis writes in his article, Too Many Law Schools, Too Many Lawyers:

The job market for lawyers is terrible, full stop—and that hits young lawyers, without professional track records and in need of training, worst. Though the National Association for Law Placement, an industry nonprofit group, reports that employment for the class of 2009 was 88.3 percent, about a quarter of those jobs were temporary gigs, without the salaries needed by most new lawyers to pay off crushing debts.

Mataconis's numbers reveal that "The number of people employed in legal services hit an all-time high of 1.196 million in June 2007. It currently stands at 1.103 million. That means the number of law jobs has dwindled by about 7.8 percent. In comparison, the total number of jobs has fallen about 5.4 percent over the same period." He goes on to add that, "Law schools awarded 43,588 J.D.s last year, up 11.5 percent since 2000, though there was technically negative demand for lawyers." We can shore up the negativism by the fact that unemployment is presently around 9 percent, and jobs created in May was 54,000, which is less than one quarter of the April numbers.

In Sum:

The often heard advice from our parents is to find a good profession, "Go be a doctor, engineer, or lawyer." This advice, toward the end, should perhaps be modified to include, "... or paralegal." A common mistake of those going to law school is having not gained a thorough understanding of the profession and what it entails let alone the prospects of finding work upon graduation. This is also true for many students who chose a particular career-track prior to entering into a degree program only to as of the last decade be confronted with a tepid and frustrating job market. But why paralegal? Why now? The numbers are telling but so are the "war stories."

As such, before enrolling in a law school consideration ought to be given to the paralegal profession, which some could ultimately find more desirable in terms of work conditions and in light of the differences found in the roles and responsibilities of the paralegal which do not include some of the negative aspects of being an attorney. A seasoned practitioner can attest to the stresses of the attorney's job duties. For instance, heated client contact and client pressure as well as confrontation with other attorneys, and having full ethical responsibility, make for a substantial part of the stresses in day-to-day attorney life.

Modern day legal scholarship through the traditional law school is still behind the trend to incorporate practical and experiential learning. Moreover, most traditional law schools do not train students in the various types of practice-work available beyond the common notion of what attorneys typically do - and that is to try cases before judges and juries. Transactional work, alternative dispute resolution, mediation, just to name a few, are seldom offered in law schools as possible "career-tracks" for attorneys. And even in the traditional setting it is debatable how well the "edification process" is being done.

However, some schools are doing more practical training such as in the form of legal-aid clinics. One school, setting an example, is the Massachusetts School of Law at Andover(MSLAW) that uses a medical school model for its teaching methods, a total break from the American Bar Association (ABA) prescribed teaching methodologies utilized by the majority of schools. Unlike its competition, this school is spending more time with students providing them more face-to-face instruction as opposed to professors doing research and publishing. They, at MSLAW, refer to themselves as a "student centered institution." Their approach is nothing less than unconventional but is at the same time equally effective. This is refreshing when the ABA in its own findings through the MacCrate Report argued that law schools were doing a poor job of training their J.D.s. The Wall Street Journal posits in its article "The Little Law School that Could" that MSLAW is getting it right.

Where modern day legal scholarship is coming under criticism of the ABA and employers alike, for the same reason above, it stands to conjecture that the trustees, regents, and boards of the university and college systems are rethinking the approach of their law schools. Some on the traditional end, like George Washington University and Southern Methodist University, are making advances in offering paralegal education, yet there are a number of proprietary schools that have been doing the same for much longer. The ABA has a full list.

What can likely be learned from the aforementioned institutions is that the demands of the legal industry should dictate the program offerings as opposed to the education industry dictating those needs. The simple economics of the education industry, at any rate, is dependent on meeting the evolving needs of business. A solution to the problem may lie in providing better training on the law school level that uses a more practical, hands-on approach, while also augmenting traditional law schools with a separate paralegal program; or alternatively colleges and universities with the resources available ought to give meaningful assessment to starting paralegal schools.

Furthermore, pre-law programs need to be revamped to educate and train undergraduates outside of traditional curricula so as to integrate lessons that compare to those used by law schools. Pre-law programs should likewise place an emphasis on advising students on the diversity of legal jobs including the paralegal profession and better guide them on the demands as well as the job activities of lawyers and their assistants. A systematic approach including a substantive plan for change using empirical data, that is fortunately available from schools like MSLAW and others like it, could rectify schools or produce new schools committed to adequately prepare students for their future careers.

An important question students need to ask themselves is, “What do I want to do and how much am I willing to pay for it?” A paralegal can get their certificate and additional certifications in an area of specialization for much less than law school tuition and books. It will be more economical for some to go in the direction of the paraprofessional, whether it be a paralegal or other non-attorney legal professional, and earn a good wage in a more in-demand field.

Why Oprah Winfrey Would Have Made an Exceptional Lawyer

2011-05-28T07:50:00.000-07:00

Well, here you have it: the final episodes of the Oprah Winfrey Show have me writing again - the irony is I rarely watch the show unless my wife is. Perhaps I am "under a rock" too much. It goes without mention that Oprah Winfrey has done much good for others. Her success is a tribute to using mass media for good causes mixed in with the necessary fanfare of showcasing celebrity interviews and other persons in the news so as to keep massive ratings for the network. In the end, Oprah is a business enterprise, not to mention a high-profile person as well. The biggest guest of her own last show was, well, Oprah. Who wouldn't want her as a guest on their show?

So as not to ingratiate her, nor do I mean to disrespect her body of accomplishments, here are a few reasons why Oprah would have made an exceptional lawyer. First of all, despite any pretences, she has undoubtedly changed the lives of many people and shows a true affection and genuine altruistic interest for other people. I'm convinced that this woman has cracked the code and found the secret to being both insanely prosperous and philanthropic, wealthy and successful, having effectively promoted a "business of empathy," an enterprise that ought to be imitated in most any profession or career. Practicality has its limitations, of course. And most in the legal profession most likely desire to aid society more if they could.

I particularly hold the conviction that the legal profession has much to learn from Oprah and her "franchise" of doing good for others. I'm not being ironic; Oprah would have made an exceptional lawyer.

In our canons of ethics and in the express understanding of our roles as attorneys, we are to be "guardians of the law" and "vital in the preservation of society." Lawyers have an inextricable relationship to the legal system and the laws; we are to improve the law, not cause its decay; we are to do what is in our client's best interests within the confines of the law; and, we are to protect the integrity of the profession only to challenge official action where appropriate while upholding legal process along with the Constitution. In more ways than one, we are stewards of the public interest and the legal system being held to a high ethical standard. Unfortunately, despite all this attorneys sit toward the bottom of the public-opinion totem pole.

I wonder if this perception will or could ever change? Is it too idealistic to think it is even possible? Does an inherent attitudinal barrier in society exist that would prevent opinion from changing? Maybe our profession has "done itself in." But I like to think not, perhaps if only to preserve my own meaning of self-purpose.

Oprah has advanced a great number of causes; and again, my intent is not to be irreverent toward her, nor toward the members of the bar. However, I see little in terms of Oprah's advocacy related the legal system. But we, the legal profession, could learn a thing or two, to say the least, from this lady. Truly, she would - and ostensibly still could - have made a great lawyer, a much needed one in this day and age of oftentimes doubted legal institutions. She has stated she wished to be a teacher and would have made a good one. Yet Oprah has the unquestionable intelligence to finish law school and pass the bar; she more or less has all the requisite ability to probe deep into the issues and ask the tough questions, as seen by her interviews. Her drive and determination is obvious and it propelled her to mythic and celebrated status. Her charisma has reached almost the unparalleled among the ranks of those who have a beloved presence of and in the media. You will find very few Oprah-haters out there. In the end, I never met this lady but I can tell she is by far more liked than disliked.

No, I haven't met her, though I have seen her strong advocacy for others and how she has helped tell their stories. And I would posit she has established a strong enough presence to continue doing more good. Oprah as a lawyer, I would bargain, could have done substantial good for many and for the law itself. I could see her as an "all-star" in legal-aid or working for a well respected non-profit. Where and when was jurisprudence and the justice system a topic of discussion or focus of Oprah? So, my charge to her - not that I have much of any influence - is to focus some of her energy and immense resources post-production of her show toward the legal community and system. Justice, both social and economic, and doing right for others through legal means are important topics I think Oprah could promote significantly whether or not she were an attorney, although she would have made an exceptional one.

Starting Over: A Zen Approach

2011-01-22T07:15:00.000-08:00

As with much of life, change and chance come into play, often when least expected. Usually, however, we can anticipate life's comings and goings and therefore prepare for them. Sometimes we have to think and do on the fly.

For me, the dislocation from traditional notions of success in the form of working in the employ of the large firm practice and otherwise having to adapt to the trends in the market have admittedly led me along the path to solo practice and self employment. Recently, making the move to another state for the sake of economic and family stability - supporting my wife in her career and educational objectives to be more frank - thereby following the prosperity in hard economic times has molded the gamut surrounding said change and chance in my life. The necessary consequence has been ineluctable rediscovery, yet again, and coming to terms with my own principles and deliberations with respect to my career and business.

I advocate for a Zen Approach to the life and career of the solo attorney, and for practically anyone. By this I mean applying experiential learning and wisdom to attaining a solid core of enlightenment whether through Zen meditative techniques or through a series of mental exercises that not only create a consistent flow of positive thinking but also of positive energy and action. In part to attaining this end, it requires a certain level of rediscovery, introspection or "turning the eye inward." Self realization thus comes more from a dharmic practice and meditation than from intellectual reasoning.

This approach, despite misconceptions, does not invariably require a change in one's spiritual or religious beliefs. If anything, it can augment one's current faith even when fundamental beliefs require salvation and enlightenment through either strict adherence to following church dogma or a messianic path toward the same ends. As for myself, I was raised Roman Catholic and taught that enlightenment was more or less knowing God's ways and living according to how Jesus Christ lived. However, as I have found The Lord's Prayer, for instance, can be the mantra and/or meditative focus just as much as others used in Zen teachings.

What it comes down to is this, training the mind to break free from those influences that seek to oppress it. Unfortunately, and I cannot logically conclude what causes it, our world tends to drag the mind down and mire it in negativity. Adversity, change and chance, likewise constants in this earthly life, can do this. The good news is that we are not obligated to have to think this way, but when surrounded by so much negativity as of late it is easy to feel trapped into this mode of thought.

In sum, if you are an attorney, or anyone, finding yourself in this wavelength of thought and mind, there are ways that are very effective and that will empower you to emancipate yourself therefrom. We can blame the economic woes and recession and life's tribulations all we want to, but in the end only thought and action will change things. And action in the direction we desire only comes through positive and exuberant thought, which must be made a ritual in daily living and life.

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Podcast: Blogging, Branding & Marketing for Solos

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Note: if you need some guidance and help in the area of meditation try Brain Sync, Kelly Howell - The Secret Universal Mind Meditation sampling of which can be found on YouTube.

Practicing, 'From the Hip'

2010-09-11T13:13:00.001-07:00

Some may still recall the “not so timeless classic” 1987 movie, From the Hip, starring Jud Nelson who is more popularly known for his role in what is closer to a timeless classic, The Breakfast Club. With all the 1980’s nostalgia as of late, the former movie came to mind as one of those flicks that I have been meaning to watch after all these years. It just so happens to be one of the more odd-ball cinematic portrayals of a courtroom attorney that gave me a few seeds of inspiration in my youth. The story line essentially follows what is a comedic drama of an unconventional attorney who impresses the partners in his firm so as to make junior partner early in his career. He is eventually handed a high-profile murder-rape case, his superiors thus vetting his avant-garde abilities. And, as the story goes Nelson’s character is caught between his ethics and questionable duty owed to his client, being forced to reexamine his career. I suggest watching this one, and I do not want to spoil anything for those who have not yet had the chance to see it.

Having myself just a short bout in criminal defense work I can relate to Robin “Stormy” Weathers, played by Nelson. This is not to suggest that I have ever been in a real-life drama quite like the one in From the Hip, and my dramas have much less of any of the comedic elements. But, the moral dilemmas have nonetheless come to pass for me, as I imagine they do for many lawyers. It makes sense why there are so many movies, books, and television shows about the legal-life and the practice of law. Ethical predicaments make for great plot lines. “Art imitates life, and life imitates art,” right?

Unequivocally, and I must point out that “A man profits nothing if he is to gain the whole world only to have lost his soul.” I don’t mean to appear preachy but I cannot help think of this biblical reference in light of grand ambitions coupled with the “slings and arrows” of the legal practice and yearnings for better than “outrageous fortune.” Perhaps for me and other attorneys who set out on their own it was largely driven by the prospect of maintaining our ethics that dispelled us from working for others. Or, maybe it was not so much being dispelled as much as it was feeling morally compelled. Outside of the moral and ethical considerations my reasoning has likewise been, also more or less, either the top two tiers of the Maslow Hierarchy of Needs pyramid or a practical approach to taking on legal work that I care to do instead of what someone else is mandating I must. Is this not one of the veritable benefits of going solo? I think and know so.

The “trials and tribulations” of being an attorney, let alone the actual legal trials comparable to the one in From the Hip - being often the basis for fiction - can sting the heart and make the mind feel wretched. One of the things the profs don’t teach you in law school is how to deal with these; and maybe they ought to have a class in addition to Legal Ethics 101 that conditions as well as prepares attorneys for the dilemmas they will inevitably face. Certainly, an internship or legal practicum class, such as the civil clinic I participated in while in school, give a prospective attorney a taste of what will lie ahead. Yet it takes being out in the field to get the entire “humble pie” of what we often feel is owed to our ethics. I can’t speak for others; however, I can for myself – I don’t know how many times I’ve been asked, “Doesn’t it kill your conscience to….?”

The resounding answer is, “Yes.” I am not the only one that is still warm-blooded. There are plenty, I am confident, which would concur. As long as we attorneys are human our conscience, and our humanity, remain in tack, although at what price do they not? The foregoing biblical reference reveals the answer.

There is another famous quotation, and a short anecdote I enjoy, this time by a Harvard professor whom I regrettably cannot remember his name. In any event, a long while back he is noted for "pontificating" on the first day of the school’s legal ethics course something like this: “There is only one thing you really need to know... Be honest in all that you do.” That was it! He dismissed class until the day of the final exam. What I love about what this professor most succinctly states is the utter truth even if it is an oversimplification of the rules of professional conduct. Despite some kernel of truth anyone can easily detect that the ethical guidance is somewhat lacking in the "lesson." Ultimately, and at the expense of being a little cliché and over doing it on the quotations, I think Socrates is correct, “To thy own self be true.” If you want to be a success as a lawyer you must know the rules. When it comes to bending them I would stick with the philosopher’s guidance as it lacks little in its "lesson," that is if you want to be a success in life.

Rivaling the Ivory Tower: Solo Practitioners Providing a Competitive Edge

2010-09-07T11:00:00.000-07:00

When it comes to commerce and the natural course of events in the business world, great demand for legal services persist in good economic times as well as bad. These seemingly ever-present and unpredictably long poor economic times opened up a market for more affordable legal services, especially for business clients. In light of making a profit and maintaining growth - otherwise the survival for many fighting to keep operations going – companies that are costing in legal services to stay within leaner budgets means that the premium placed on such services naturally will adjust according to the demands of the market. The fact of the matter is that the “specter” of the Ivory Tower firm with their luxurious office spaces, elite attorneys, and diverse staff of support people equates to a high priced, although admittedly an often high quality, service. However, the cost-benefit is not always up to snuff considering that the biggest complaints about the higher-end law firm services appears consistently to be the client having little to no access to the attorney along with an astronomical bill for what could otherwise have been half the cost with the small law office in the same neighborhood. So, the “specter” of the Ivory Tower may be one that is more or less the looming legal bill as opposed to anything material.

The same complaints may be said of just about any size law office, but those who have tapped into the trending market by offering better priced, ultimately lower cost, legal services have demonstrated that even the solo attorney can indeed compete. Some of the same points are echoed by others on the subject. I recommend also reading Virtual Law Firms Stay Afloat in Tough Times: Solo practitioners, virtual law firms and contract attorneys are seeing a rise in business from corporations by Katheryn Hayes Tucker. Outside of the more obvious economic related topics there is, of course, the bigger picture one that this author feels compelled to submit his appraisal of, whether it be for either those who agree or disagree. While I do not advocate or have much of a desire for what I call a “Wal-martization” of any important service, medical for instance which I would argue has undergone this through the HMO and other similar business schemes, I can see in contrast a different dimension as to how the small law office and solo attorney can emerge in greater numbers through “creative competition” and through inventive strategies to acquire the one-time clients of the big, ivory-tower-style, law firms. Pricing services to the appeal of the corporate bottom-line is an important part of it all; yet, in providing the quality of services that a multi-million dollar outfit can offer simply because of its size and comparative resources definitely poses a rather difficult task for the diminutive office.

An attorney who is lackluster in his or her office is a far cry from the one who is the opposite in his or her performance. Okay, having no mahogany desk and opulent artwork sitting around the office reflecting prestige will almost always matter to some. But, when the bill arrives and profits are languishing how well can this bode for the execs and shareholders despite said impressive ornamentations? Sometimes the best interests of the client are equally the economic ones balanced with the others, hence why many firms have resorted to outsourcing a variety of services to keep costs down and in turn keep their clients happy, and as a result do for them what is right.

As a client, on the other hand, “why not drink directly from the spring instead of paying someone else to fetch the same water?” In other words, why not hire the outsourced attorney directly and pay less? Now, some small law offices and solo practitioners benefit greatly in being contractors for the large firms who not only have the clientele but also the marketing budget that would dwarf what some of the competition make in a year. What then about the many solo offices who are not the beneficial recipients of these lucrative contracts? And, what is the big law firm’s take via the outsourcing fees as they are unlikely to be simply helping the client save some money without some cost attached?

This is where the “small guys and gals” in the legal industry have an opportunity to stand out and compete! Prospecting clients who do not want to deal with the “middleman” is where some of the action, and perhaps much of the action, is waiting to be found. It is not just waiting, it is being found by attorneys who are balancing their practices by spending some time in marketing and prospecting, going back to the old 80/20 rule: initially you spend 80 percent of your time in finding clients while the remainder is spent doing actual practice work, whereas the goal eventually is to reverse this ratio.

Realistically, the Ivory Tower Firms are going to have a competitive edge and they will gobble-up a majority of the market share - though oftentimes in business timing is everything. During tough times like these is when a small competitor can gain some ground in the local market. Evidently, it is happening for those who are keen to the business aspect of the law practice. Given a Darwinian take on business, it may not be that the “biggest” will ultimately survive, rather, it is those who adapt the best who will do so in the end.

The One Who Laughs Loudest Laughs Best: Appreciation for Attorney Jokes

2010-09-03T06:59:00.000-07:00

One of my favorite attorney jokes is: "How was copper wire invented? Two attorneys got into a dispute over a penny." Here is another good one:

Two attorneys walk into a bar, a Civil Litigator and a Prosecutor. The Prosecutor bets the Civil Litigator $100 that he will convince the bartender to buy their drinks at the end of a long night of drinking despite the fact that neither were friends with him. He accepts the bet. Keep in mind this bartender was once a notorious biker.

So, finally after the two men drank at the bar for a few hours and the bartender – who happens to have at least 75 pounds on the Civil Litigator and is a former Hell’s Angel – says to the attorney, “Hey, do I know you? You look like the attorney who foreclosed on my house!” “No! Not me!” exclaimed the attorney in a nerous voice plainly denying it - though he does remember having the deed and hence why he thought this was an easy $100 bet. The bartender shrugged his shoulders, and said “I’ll take your word for it, but I could have sworn it is you.” He then walked away mumbling to himself.

The Prosecutor then leaves his Civil Litigator buddy for a moment at the bar and has a private conversation with the bartender and the Civil Litigator assumed he did so to make sure there was no trouble. Later he asks his Prosecutor friend, “Is everything okay?” The Prosecutor then replies, “Not at all. The bartender tells me he will rip your thumbs off if you don’t shred up the deed to the house right here at the bar and give his house back, and act like you’re happy about it.” It turns out that the attorney who foreclosed on the bartender's house was the Civil Litigator's associate and the Prosecutor was quick to mention this.

Right away the Civil Litigator runs to his office and comes back to the bar with the deed. He tears it up, dances on it laughing, and spits all over it while looking like a fool. Everybody in the bar laughs. The Civil Litigator pays for their drinks and leaves with his Prosecutor buddy.

The Civil Litigator then turns to the Prosecutor and says, “You owe me $100. This bartender never paid for the drinks.” The Prosecutor, laughing, pays him the $100, and then says, “Nope. He did not. But I bet him $500 that you would tear up the deed to his home, then dance all over and spit on his bar, making a fool out of himself... Also, when I was talking to him he said he had it in mind to rip my thumbs off for prosecuting him a few years back especially if I lost the bet, but he was laughing so hard that you tore up his deed and looked like an idiot he ended up letting us both go!”

Perhaps to the chagrin of some attorneys - the truly stolid ones who have a sense of hyper-self-importance - I have found few of us who don't love a good attorney joke. I can't hold, however, that they are always welcomed by those in the profession.

Let's face it, many attorneys you meet are very serious and formal because the job requires almost constant decorum and being wittingly serious while "on the clock." The truth is, at the office and sometimes in casual conversation we have a good laugh, even over a classic attorney joke. Attorneys are people, so are judges, who put their suits and robes on like everyone else, or maybe it would be better stated as to their "pants and skirts on with one leg at a time like everyone else."

As far as there being some element of truth to any joke, that is another topic altogether....

Attorneys with Their 'Crackberry': Entering the Cybernetic Age

2010-08-26T08:10:00.000-07:00

The President is known to have one, there is even a dedicated website, and you see endless professionals with the signature hand-to-ear pose. Yes, I am referring to the ever so beloved Blackberry; but because I do not yet have a clever pop culture nickname for an iphone I will take aim at the popular 'crackberry.' At any rate, I am commenting on the same technology - these little portable computer and telecommunication devices that have made email and other communications faster than what we once thought to be the ultimate in speed for written communication, internet, media, etc. I am not all that surprised to see so many attorneys brandishing theirs. Admittedly, I have my rudimentary version, although I carry it as inconspicuously as possible for fear of being far from in vogue.

Before long I came to find myself wrapped up in texting some clients and associates more than email for what would otherwise be just a short phone call. At least for this attorney, I had to contemplate the 'crackberry' culture and technological attaché that has become even for the stilted and pedantic among us acceptable as a modicum of information exchange and style. The wireless "techie" syndrome appears to have pervaded most of us, maybe perhaps some of the former naysayers.

As a species we are becoming more wired, if not on our morning Starbucks as a matter of habit, it is on our little PC/telephones. Call it progress or call it an inevitable dystopian fate - conspiracy theorists would likely call it part of the Big Brother Master Plan - cell phones with little doubt are here to stay and become even more sophisticated, the "toy" for all ages to make being interfaced more easy. Who ever thought you could file a brief with the court using a cell phone? Or, what about live-conferencing via satellite while traveling? Well, you can now for better or worse.

The upshot is the convenience and efficiency technology creates, while the downside is being shackled to work as long as you carry the work tool. I have heard people refer to their cell phone as a leash, not just for home but also for their job. I prefer the term shackle because it has a far greater meaning in the context of servitude, though I am not sure how involuntary.

If we are in the Information Age, is the next age the Cybernetic Age? Where computers and artificial intelligence begin to combine with human activity, thinking, deciding, acting, and imagination it would seem to be the stuff that this Age will be made of, and why not? Could even attorneys one day be replaced by complex A.I.? I somehow doubt it as the legal profession has had a fair hold on its monopoly over their industry. Yet, I will not be surprised to see legal software eventually in use that performs much of the work that attorneys at one time took pride in doing by themselves. You can imagine what the typewriter did for applying with pen and ink one's legal writing, and what it did for writing in general. It was probably a welcomed technological innovation, as was the printing press, whereas the person nevertheless was the thinker and creator. Now, imagine how legal and other professionals took to the PC! Then add internet, and so on and so forth. The evolution is ostensibly for more artificial influence and involvement.

The older generation will resist it more, but the younger is being cultivated by the e-machine. Think about our bizarre cyber-lives that hundreds of millions of us lead on-line through social media sites like Facebook and Twitter, where the manifestation of friendships and relationships, networking and socializing has taken on this medium. While keeping us connected it also generates a life lived through technology that is, metaphysically, becoming more difficult to differentiate from life in person, face-to-face, and in real 3-D as opposed to the simulated variation. Ultimately, we have to take a step back and examine where all this technology is taking us. Taking the human race to the moon is one thing, altering our reality is quite another proposition. As far as for attorneys and any professionals, we already feel overworked. Adding technology that in the end is undoubtedly just to add more work because there will be no excuses not to - this is considering the admonishment for not using your 'crackberry' - makes for a greater maelstrom for us all.

Out with the 'Old and Corrupt' and in with the 'New': Voting out Judges

2010-08-23T11:26:00.000-07:00

A while back I wrote a short piece titled, Judges and Election: Politics, Voting, and Controversy. Since then, the two Larimer County judges who helped prosecute Tim Masters, an innocent man, were decidedly held retainable for this November's election, a judicial retention commission unanimously recommended early this August. Despite censure, the commission stated in both cases that Terry Gilmore and Jolene Blair had "outstanding performance" as judges, although it was more or less silent as to their roles in the Masters' prosecution. On the one hand the commission "acknowledged the relevance of the judges' censure - but nevertheless [on the other hand] said the judges were worthy of retention." Perhaps I am one of the few local attorneys in the District who is not afraid to publicly speak out against this, and so I will. After all, this blog concerns rants, not just raves. The following is definitively the former as opposed to the latter.

With the upcoming November election, and all the hoopla in the congressional race, I doubt little that the voting public will be seeing and hearing large scale ads why they should vote one way or another when it comes to not just Blair and Gilmore but all the judges up for retention. At least there is one voice, that of Sandy Lemberg, a spokesman for Judicial Justice of Larimer County, a group campaigning against the retention of Blair and Gilmore, who evidently was not surprised at the commission's decision. "The whole process is flawed," he told local media, moreover stating that "the committee's recommendation does not account for the public's dissenting opinion. He also took issue with the presence of Dana Hiatt on the committee. Hiatt is the wife of former Chief District Judge James Hiatt, who retired from the bench in 2009 and supervised Blair and Gilmore for eight years. Lemberg also said he is thankful voters have the final say and recommended the public ignore the commission's recommendations." Kudos ought to go out to Lemberg, mine do.

Since when do judges sit above the law? Some argue that Blair and Gilmore should have been disbarred for participating in the concealment of exculpatory evidence that could have set Timothy Masters free, and have led to the capture of the real murderer! Maybe others experience a different attitude toward the courts, especially when justice goes their way, but for many I hear from, good people especially, they tell me all about how they feel the justice system is "corrupt." Supposing judges can rule with impunity raises the untold and unexamined issues that belie the highly regarded and almost sacrosanct Offices of the Judiciary. This author has seen few if any judges go down in infamy following an adjudication for wrongdoings on par with those related to the Masters' case. Were not these judges Officers of the Court when they were prosecutors as much as they are now even more eminent ones as judges?

So, where lies the "court of public opinion" and the body politic? This has puzzled political scientists for years when it comes to apathy and political efficacy in the context of voting. Either people truly believe their votes do not matter in the end or they do not vote at all out of pure indifference. When it comes to voting for judges, it may well be that voters assume they deserve a vote simply because they wear black robes and bang gavels. Yet, it could also be that voters do not contemplate how judges' decision making affects the community and public policy. Even when they do, the sentiment may be that judges are not really political enough to vote out and "if the system is not broken, why fix it?" Finally, voters could out of lack of information or knowledge assume they ought to vote in judges as opposed to vote out judges because they see no reason to "fire" them.

The fact of the matter is this: judges and politicians are public servants - this is without question. Therefore they are here to serve and protect the people. But, the difference between them and government employees and/or "civil servants" is they face election. While the all too debated "term limits" issue comes up time and again, we forget that as voters we can limit terms, that is, should we choose to go to the ballot box during election-time in November. There is value to the old adage, "Out with the old, and in with the new." Or, as I say, "Out with the old and corrupt and in with the new."

A 'Mental-House' Divided, Cannot Stand

2010-08-09T10:28:00.000-07:00

Drawing on the popular Boston Legal ABC program, I recall an episode where William Shatner who plays Denny Crane Esq. and James Spader, as attorney Alan Shore, are sitting around the law office late one night smoking cigars and drinking Scotch - the stereotypical pomp-extracurricular of attorneys (at least male attorneys) - during which Crane utters to his friend and colleague, "This is an ugly profession... but we live for it." All the while, Shore nods in agreement. There, the episode ends on that note; preceding these attorneys' conversation however, Crane laments over having missed out on the love of his life, one of several wives, because of his marriage to the practice of law.

Misery and disillusion on the surface do not underscore Crane's dilemma, a choice between marriage to the practice versus love, family, etc. Yet, outside of the often vapid conversations of attorneys portrayed in television series or movies when it comes to their personal lives, the statistics are that misery and disillusion, otherwise depression, have a deep affect on the lives of many lawyers. In an article titled Why are Lawyers So Unhappy? by Martin E. P. Seligman, Ph. D., this author examines both the dissatisfaction and depression amongst attorneys in the U.S. At first glance, Dr. Seligman presents the statistic that 52% of attorneys are dissatisfied with their careers despite the prestige and money that are enjoyed by many in the profession. What is alarming, Dr. Seligman also notes that:

When adjusted for sociodemographics, lawyers topped the list, suffering from depression at a rate of 3.6 times higher than employed persons generally. Lawyers also suffer from alcoholism and illegal drug use at rates far higher than non-lawyers. The divorce rate among lawyers, especially women, also appears to be higher than the divorce rate among other professionals. Thus, by any measure, lawyers embody the paradox of money losing its hold. They are the best-paid professionals, and yet they are disproportionately unhappy and unhealthy.

After being out of law school now for six years, even this author admits to the stresses and toils of the job, especially when dealing with adversity outside of the office. Client problems coupled with personal ones can be, at times, draining. When going through my divorce a few years back, it invaded me nearly every day at work during that time of my life to the point where despite demanding some time off for a few days only slowed down the widening cracks forming in my own mental health. Fortunately, I was able to treat my eroding mental health without resorting to the drastic self-medicating used by what are the great many unfortunately using drugs and alcohol to cope.

Looking at the life of one of our most well respected attorneys in U.S. history, Abraham Lincoln is determined by historians to have suffered from very severe depression during the time that he practiced well into his Presidency. Lincoln's Melancholy by Joshua Wolf Shenk, is a lurid depiction of this attorney and Great Leader told from the focal point of Lincoln's suffering from what is likely to have been a clinical form of depression. Though melancholy as a personal character trait was somewhat in vogue, as Shenk explains, during the time of Lincoln, life was much harder then with the great loss of life many experienced through disease and war. Lincoln himself experienced losses of family and his own child in addition to having failures in business and politics that caused his depression to worsen during various chapters of his life. Some accounts of Lincoln's depression, as also told by Shenk, show a man that was in serious dysfunction during times that his ailment was at its nadir. Lincoln was not alone, another great attorney and judge, Benjamin N. Cardozo, is also speculated to have suffered from depression as well.

Without belaboring the point, the obvious issue here is that attorneys need to deal with their mental health whether that means to practice or not to practice. Or, if even one wishes to continue in the practice they ought re-examine which area of law they enjoy the most and stick to that area, doing less work in the areas that are less desirable. This may be easier said than done. However, a "transcendentalist approach" to any pursuit in life is good for some - not to be overly "Thoreau"esque about the matter. To take such a following requires an attorney, perhaps, to be more "Spartan-like." Such may not be the ambition for those who worship and live for the "Ivory Tower," as opposed to those who loathe it.

Regardless, the mental-house that is divided cannot stand! Depression eats away at the psyche and can lead to a horrid downward spiral for many, particularly when it leads to substance abuse. I worked alongside one attorney with great ability who became hospitalized as a result of conditions caused by heavy drinking and smoking. Missing work for over a month, this colleague and the law office both suffered from his absence. The stresses of the practice are overwhelming at times. Any lawyer should be willing to admit, except maybe the psychotically and "rare-gifted" drones that feel no pain, that the work done by lawyers can lead to great stress, anxiety, or anguish. Let the ones who would hold to the contrary stand apart from the plurality of those in the profession who are but mere mortals.

The mental sufferings of attorneys bespeak of a greater problem in America, possibly even in industrialized society, and that is depression is a widespread disease of the mind and one of the most under treated illnesses suffered by vast numbers of people. A "side-effect" that often accompanies it is "social death" and "spiritual death," if not death itself. Depression can lead to hospitalization, institutionalization, suicide, and physical conditions that result therefrom. Preventative medicine and treatment are definitely lacking, though we boast of how great the American health care system is when mental health care is severely deficient when compared to other countries like Sweden. My intention is not to stir debate over U.S. health care, but to call attention to the depravity in our wealthy nation when it comes to basic mental health treatment and prevention. I need not back up these statements here when if you seek the sources verifying my contentions you will find that they are voluminous; just start with the literature provided through the National Institute of Mental health at http://www.nimh.nih.gov/

Although a troubling topic, the consensus is that attorneys need to deal with their mental health issues as it, moreover, begs the question as to competency and fitness to practice when a disease, whether it be alcoholism or the underlying problem leading to substance abuse or depression itself, diminishes the lawyer's ability to ethically practice. Young lawyers especially should be aware of how the practice can lead to concerns that need to be addressed and dealt with early on, as this author can by personal experience tell any of them. If suffering do not deny the problem, and get proper treatment. Live well, eat well, and budget time for others we care about and are devoted to; and, budget some time for the things we enjoy. "An ounce of prevention is a pound of cure."

Starting & Building a Nonprofit: A Practical Guide (recommended reading)

2010-06-17T13:58:00.001-07:00

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Recognizing Symptoms of Dementia

2010-06-12T10:14:00.000-07:00

Recognizing Symptoms of Dementia

The Financial Health of Aging Seniors

2010-05-13T17:20:00.001-07:00

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How to Find the Right Pre-paid Burial or Funeral Plan

2010-04-24T07:30:00.001-07:00

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The Solo Lawyer Gets Added to the ABA Journal Blawg Directory!

2010-04-20T06:56:00.000-07:00

Today is a proud moment: The Solo Lawyer was recently added to the ABA Journal Blawg Directory. You can find the listing at http://www.abajournal.com/blawg/The_Solo_Lawyer

The exciting part they tell me is the "ABAJournal.com has created four new features designed for busy lawyer/bloggers like [sic][me] and [sic][my] readers" the biggest one being:

Blawg Search: We've partnered with Justia.com, the leading legal information portal, to create a search engine covering all of the 2,600-plus blogs in our directory -- including yours. It's like Google for lawyers, pinpointing in an instant the most sophisticated and up-to-date commentary by legal professionals on any topic. Use the search box at the top of any of our pages (including our homepage: www.abajournal.com), and on the search results page click on the "Blawg Results" tab. Plus you can subscribe to an RSS feed of any search to follow the results in your feed reader.

They also have a news widgnet for stories and articles they publish at http://www.abajournal.com/stay_connected/item/headline_widgets/

They have three Twitter feeds you can incorporate into your page:
www.twitter.com/abajournal; www.twitter.com/BlawgWhisperer;
www.twitter.com/LawScribbler.

And there is the ABA Journal Facebook page:
http://facebook.com/ABAJournal

Other attorneys who blog or "blawg" ought to look into adding their blog or blawg to the ABA Journal Blawg Directory. The reason is apparent from what is stated above; but what is more, blogs and blawgs have become great marketing and credibility builders for attorneys also used as a means of directing traffic to their websites. To acheive more exposure good blog/blawg directories are a "common staple" of the process.

Data Security is Important for All Attorneys

2010-04-16T07:08:00.000-07:00

Even for the small practice attorney, much attention is needed to secure the office's data. While this goes for many businesses, attorneys in recent times have been targeted by scammers seeking client data among other sensative information. The topic of data security came about for this author after reading a good post from another blogger located in New York, who also happens to be an attorney. He writes about how firms have been passed fraudulent settlement checks, and how others have been targeted by hackers in referencing one firm in particular who sued the Chinese government after its Gmail account was hacked into by Chinese activists.

One disadvantage for the small practice or sole practitioner office is we rarely have an IT person on our staff to address the issue of internet security, let alone fix our system when it goes down. Such work is typically outsourced to a third-party company when maintenance or repairs are needed. The question then becomes how can we secure our data in an effective and cost effective manner? If large firms sometimes have data security breaches, certainly the small office is more vulnerable - though a smaller target but a target nonetheless. William Chuang, an attorney who just started a firm, and blogger mentioned, suggests to do the following, which I believe is good advice:

"Make sure the check number on the bottom matches up with the check number printed on top, and that the routing number is nine digits. If it is a large amount, have the client wire the money to you. I had a prospective client who insisted on writing me a big check to hold in escrow for another party. I asked to have the money wired into the account instead of taking a certified check. Never heard from her again.

As far as computer security, all systems should be running fully-patched version of the software, and a anti-virus security suite.
Users should not be running any programs that are not crucial to business functionality on their work systems, such as iTunes and
the like. A file server should be secured against hackers by using non-standard ports, strong passwords, and setting them to reject
IPs with a certain number of bad login attempts. Mail should be hosted with trustworthy companies."

Outside of hacking into email systems and databases, check scams appear to have victimized more attorneys lately. Another good article on how to avoid check scams is at the Oklahoma Bar Association website. "The best practice to be safe is to go to your bank and ask to send the check for 'collection.'" I highly recommend reading the article at Okbar.org to learn more about this measure.

In the end, it is important for the attorney to know the client. So, when interviewing always ask the client how they found you, and be especially cautious if the client came to you off the internet. Ironically, where once people came to us seeking help for being victims of scams, attorneys need to beware themselves.

Troubled Economic Times Find Lawyers Seeking Other Avenues, Or Underemployed

2010-04-09T09:43:00.000-07:00

The tale of two attorneys: one attorney, a recent graduate of Pace Law School in New York, finds himself working as an assistant manager at a local RadioShack, while the other attorney having practiced for four years at a good firm is now laid off. The former is still looking for an offer working 11 hours a day, 6 days per week, carrying over $200,000 in student loans and credit card debt; the latter started his own legal outsourcing company that helps firms to save money for their clients by sending work, such as document review, to lower priced attorneys (usually temps). These stories resonate with many attorneys experiencing the same during this recession, our troubled economic times.

Call it instinct or an educated guess, even "yours truly" can empathize with the attorneys mentioned. During March of 2008, I decided to set out on my own when the practice I was working for started to see a decline in revenues. Then I was part-time with the one office and I was fortunate to have picked up part-time work for another attorney in the same office building. One top of it all, I went through a difficult divorce and was single again. The signal - albeit it was a strong impluse and impetus - for me was to start my own practice and to do the work I desired, admittedly out of some distrust of the job market and having had no confidence in being able to dodge a lay-off. Looking back, I am glad I did it!

Though some have seen the recession and their lay-off as a catastrophe in their legal career, others have found liberation, as with the story of the "other attorney." Certainly, graduating from law school with a mountain of debt, putting in our sweat-equity during the 3-4 year "grind," and being eager to start a law career as early as possible after having the diploma in-hand can severely deject and depress even the least eager of us. Then again, working for several years and meeting with the Partner to find out you have your final pay check in her hand, only to wonder if you can live off the unemployment benefit, can hit just as harsh. The feeling for many is, "I need to be employed as an attorney working for someone to survive!" Rest assured, this dependency is not a platitude for legal professionals. There are other avenues as seen with attorneys who have found opportunities in areas using their talents, although RadioShack may be just a necessary means for the short run.

This economy has seen many attorneys either starting their own practices or businesses, which for some has been the best excuse they have found to do something else they wanted to do because they did not really wish to practice law in the first place. We get out of law school and almost feel shame if we do not pass the bar and practice; yet, others see the potential in their training, education, experience and background to find an avocation that is the best fit for them, if not more fulfilling. And despite our "risk averse" natures, some have taken risk to start something new and their own, successfully. Nevertheless, this economy has also seen many would-be attorneys and in greater number wanting to go to law school with more people taking the LSAT last year than any other in the past. Which of these will end up among the dejected?

Now, imagine getting up in the morning and looking forward to going to work for the first time in your life. Many attorneys, almost 78 percent, are dissatisfied with their jobs! In the words of Henry David Thoreau, "Do what you love. Know your own bone; gnaw at it, bury it, unearth it, and gnaw it still."

Judges and Election: Politics, Voting, and Controversy

2010-04-08T19:32:00.000-07:00

Fort Collins attorney Erik Fischer recently quoted to the local media that judges "Blair and Gilmore have created a stronger scrutiny for all judges to be reviewed, ... All the judges up for retention will likely have at least a more comprehensive review than in any time in the recent past." This was in reference to questions he received in light of having been the public defender representing Tim Masters in what has become one of Fort Collins' most infamous cases.
Typically, judges during election time do not face weary voting considerations and can dodge most of the politics.

This year, however, judges in the 8th Judicial District in Larimer County, Colorado, are being given more political limelight than they would otherwise like to receive, mostly thanks to their colleagues Blair and Gilmore who were recently censured by the Colorado Supreme Court. Some attorneys believe the scrutiny of judges up for retention, in particular the two mentioned, to be a good thing, while others disagree. Nevertheless, a commission has been established to review the performance of judges up for retention and it will take feedback during hearings from those members of the public who have been in a judge's courtroom for official reasons. Blair and Gilmore, consequently, happen to be two of seven judges in the Eighth Judicial District who are up for retention later this year.

There is an old saying that originates from Matthew 7:1-2 that appropriately fits the issues surrounding retention of judges Blair and Gilmore as well as those who have been censured: "Do not judge, lest ye be judged." The contextual meaning of this passage has been interpreted to suggest "not judging people hypocritically or arbitrarily according to human rules or opinions." It fits well because despite the legal or policy reasons the review commission may rely on in their examination, the spirit of their review has a moral imperative that relates directly to hypocrisy, which is the crux of the matter. In other words, why ought we as a society allow judges to sit on any bench when their character and record show substantial moral infirmity?

Checklist for Marketing Your Elder Law Practice

2010-04-04T14:58:00.000-07:00

Basic Components of a Marketing Plan

□ Firm Website: Have you recently established a brand new law elder law firm? A handsome, professional-looking website is every bit as vital today as a telephone listing. Enlist the services of a website designer with vast experience in creating websites for lawyers.

□ Advertising: While most practitioners report mixed success with TV and radio advertising (which can be pricey, too), the use of traditional:

(1) Yellow Pages (both print and online) is highly recommended.

(2) Weekly church and synagogue “bulletins” – those fliers distributed at weekly religious services loaded with congregational news and ads from local businesses.

(3) Local community papers – typical they come out weekly and ad space is pretty cheap.

(4) Remember: advertising is successful only if it is sustained, repetitive and consistent over time.

□ Lawyers.com: A free website designed for non-lawyers to help them locate attorneys in their locality who specialize in a host of practice areas, Lawyers.com reached its 2 millionth visitor in 2009.

□ Community Seminars: There is no substitute for visibility in one's community. With the exception of America’s smallest towns, just about every municipality has one or more social organization(s) catering to senior citizens, with names like the “Golden Agers”. In mid-sized or larger towns, the municipal government likely has a senior center where weekly meetings are held, or at least a city agency dedicated to the needs of seniors. Get in touch with them and find out about these meetings:

o Get yourself invited to a meeting.

o Important: Tell the club’s president that you’ll be supplying free refreshments for the meeting – platters of cookies or boxes of donuts, plus coffee, tea and soft drinks.

o Offer a special 15% discount to those who mention this meeting when they visit your office.

o Note: In recent years, speaking before such groups has become an increasingly competitive activity, with some national organizations even providing model advertisements, scripted seminars and pre-packaged documents so that any attorney can be an instant "elder law expert."

o Finally, a sustained schedule of community seminars is essential if success is to be achieved. So, be aggressive: at least once each month, schedule an appearance in a different town or community.

□ Informational Handouts: On topics such as Medicaid and asset preservation, revocable trusts, durable powers of attorney, estate tax planning, etc., these handouts are a low-cost investment with potentially significant returns. Pass them out at the community seminars (above). Also, attach them to your website in a PDF or Word document.

□ Firm Newsletter: Maintaining contact with your client community is necessary if referrals and return business are expected. Desktop publishing software allows any office to publish a presentable, professional-looking newsletter. Practitioners are urged to author their own newsletter in their own style, rather than rely on generic articles from national publishers. A state-specific and more local focus is essential. Again remember to post this newsletter to your firm’s website so that non-clients who visit may access the newsletters for free.

□ Offer to Author Articles: Most professional publications are in need of high-quality, well-researched articles. Do not hesitate to contact such journals and offer to author articles. When done, make multiple reprints for distribution to existing and professional clients, as well as referral sources.

□ Submit Short Articles or Blog Entries to Leading Websites: For example, this website, The Estate Practice & Elder Law Center, gladly accepts blog entries and even full-blown articles from lawyers, certified estate planners and investment advisors and similar professionals. There are two blogs – one on “Estate Planning & Probate” and another on “Elder Law”. In August alone, this website drew 2,594 separate visits. For those wishing to submit blog entries or articles, just email them to Raymond.p.camiscioli@lexisnexis.com

□ Use of Audio- or Videotapes: Some practitioners make audio- or videotapes for free distribution to existing and potential clients. Again, these can be incorporated into the firm’s website, too. The success of such marketing tools will depend on the ability of the practitioner to convey information in an understandable, comfortable manner. Not all practitioners are blessed with this ability.

□ Establish Referral Sources: There are many professionals who need attorneys to whom they can refer clients. These include accountants, geriatric care managers, social workers, and professionals in hospitals and other medical institutions, and insurance professionals. Let’s face it: the establishment of such a referral network will consume years of relationship-building efforts and cannot be rushed.

□ Reward Referral Sources: Every referral should be acknowledged. While words (a telephone call, an e-mail, a letter) are adequate, consider tangible rewards such as chocolate, flowers, a gift basket or gift certificate. Referral fees may be appropriate, taking care to comply with applicable rules and limitations.

□ Offer Free Visits to Home, Hospital, Nursing Home and Similar Facilities: Physicians abhor home visits, and older patients long for the "good old days" when one's doctor made house calls. Offering home, hospital and nursing home visits will both attract business and present the proper image of an elder law attorney who cares about his clients as human beings. Merely offering such services, in other words, can be remarkably helpful in building a successful practice.

□ Become Involved with Professional and Community Organizations. Serving as chair, vice-chair or a member of the elder law committee of the state bar association, or on the board of directors of a non-profit organization serving the elderly, creates the opportunity to educate the professional legal community or the local “lay” community about a practitioner's areas of expertise. As important, it is a means of "giving back'' to a community. Examples include the local Alzheimer's Association and organizations that address the needs of disabled adults.

Finding the Right ‘Niche’: A Short Lesson in 'Niche Marketing'

2010-04-03T17:54:00.000-07:00

“Niche marketing” and finding the right niche cannot be overlooked by the sole practitioner. Even in small legal communities there will be significant enough competition to compel both “standing out” and targeting “good clientele” with a limited pool of interested legal service consumers. The crux of the problem lies in attracting good clientele on a frequent basis – part of the solution is in maintaining a marketing plan that focuses on a ‘niche’ or pool within the market who is most likely to seek out your particular services.

A little and not so well known fact about one of our nation’s most successful sole practitioners is that he was a master at “niche marketing” whether he knew it or not. The attorney was Abraham Lincoln. Being self-taught in the law as well as in marketing, Lincoln had the keen sense of how to relate to others and empathize with their needs, not to mention that his ability to articulate was tiers above even some of the most educated of his time. One “niche market” he was able to tap into using his early skills as an attorney was the railroad tycoons of his day that not only had the means to pay his retainer, and keep him in business, they had needs and problems that Lincoln was able to help them solve. But how did he get their business?

Determined to represent the railroad businessmen in their various legal affairs, Lincoln sent out a series of persuasive letters and was successful in luring them to his practice. The lesson here is not so much in what Lincoln wrote, which if you read the letters they would have more historic value than present day marketing value, rather, it is in what he did. Lincoln found a “niche market” and sought their business in what was an effective, targeted approach in the end; he identified a pool of individuals who needed an attorney for the railroad business and he capitalized on that need by convincing the railroad men that he was “their man for the job.” Standing taller than most men of his days, and his reputation somewhat preceding him, certainly helped Lincoln to “stand out,” but during the time he wrote these letters his legal ability was not yet of much renown. In light of his ability to gain their employ, however, demonstrates his marketing mastery.

Like Lincoln, those in solo practice today ought to follow some of the same principles that are as relevant today as they were well over 100 years ago: stand out, identify yourself with a niche, and target them in an effective fashion. Writing letters could be the best method in gaining a clientele from our desired niche. Yet, in our world of constant overload of mail and other information it takes more, whereas in Lincoln’s day a formal letter was of greater import and was less frequent, and mid-1800 media messages were incomparable.

Isolating the niche then is the easier part, getting their attention requires more sophistication and inventiveness. A good client is going to want a good attorney, and cost sometimes is not an issue. Why then will they want you? If reputation and quality of work product cannot be readily presented or one is lacking in many years of experience, word of mouth will likely be one’s greatest ally to attract the right client. Being systematized in building relationships, then, with clients giving you good word of mouth references is an example of targeting "key persons of influence" within your niche. This almost goes without saying, but it is often forgotten by many of us caught up in the oftentime intense practice of law. So, the next time you schedule a business-social, invite some good clients, or your one good client. This can go far even if it feels trite.

In the end, we attorneys went to lawschool and may have followed the "pre-law" route during our undergraduate - lawyers are not ususally educated in business and law firm marketing principles and strategies - as such it is foolish to pretend that we can master the art of marketing without some level of edification. Marketing, like law, can be a science and an art form. Therefore it is worth attending a few marketing seminars or rainmaking teach-in events. But, in the meantime, and with minimal marketing training, one can study a small target niche-group of people in a community that is worth focusing marketing time and resources as opposed to taking the less effective "shotgun" approach. The results will be rewarding!

The Long Recession and Starting Your Own Practice

2010-03-22T07:51:00.000-07:00

The long recession has been difficult for many of those in the "white collar" world, even for attorneys. Numbers resound as some of the largest firms have laid-off a significant percentage of their attorney work-force in what the ironclad of high power practitioners once believed to be a remote possibility. Our parents often told us when we were young, "Be a lawyer, doctor, or engineer when you grow up." One of the reasons they did goes back to the Great Depression when a good number with decent paying and stable jobs then happened to be those in these professions.

Despite the current economy, many attorneys have gone into solo practice either because of the instability in working for a firm in the face of impending lay-offs or because the opportunity is a good one nonetheless in the face of recession. The key to surviving in solo practice is, however, another story. Here are a few good tips for the attorney who has decided to go solo:
(1) Do your demographic research where you decide to "hang your shingle." Knowing the legal needs of your community will help you determine where to focus your marketing efforts as well as whether you ought to look for a better locale.
(2) Develop a few strong practice skills in areas where there is demand. Currently, debt resolution, bankruptcy, foreclosures are in high demand given the large number of Americans in high risk loans. Even in a slow economy attorneys are in demand for those matters creating legal needs surrounding the debt crisis. Family law also happens to be good in that bad economies also, unfortunately, breed bad divorces.
(3) Select good clientele. As much as the temptation to take a case will be influenced by the attorney's "bottom line," working for peanuts or not getting paid for many hours of work will distract one's efforts to service paying clients who are likely to refer other paying clients. By weeding out clients that are not the kind we want, we can attract more of the clients that fit within the "desired mold." This sounds hard to do because even when someone is willing to pay "something" the inclination is to accept the client with the hope they will pay the rest - yet hope is not the assurance an attorney should have when it comes to payment; good credit is the only reason for taking a partial retainer. Otherwise, you will have to chase clients to be paid or have to pay someone who will do this for you. Much can be saved by accepting good clients and having a strict policy on a minimum upfront retainer.
(4) Brand yourself wisely. The brand you promote will dictate not only whether you can drum up good business but will have an effect on the kind of clientele you will draw. "Like attracts like."
(5) Network with good centers of influence. Focus on building strong relationships with good clients and other professionals that not only like you, but like working with you. For example, an estate planner is well apt to work with insurance and financial advisers. So, select individuals to network with that you would enjoy spending an afternoon with playing a round of golf as well as spending as much time with working on a case. Moreover, seek successful individuals. By surrounding yourself with successful people will help you with your success, which means being a strong "networker" with other successful attorneys who may be willing to send you business they do not have the time to take.
(6) Target marketing. Whether it comes down to traditional marketing means or the evolving social media, target market as opposed to taking a "shotgun" approach. Using laser precision to direct marketing toward people who first of all care about your services and second of all need them will save much time and money spent on sending marketing messages that "fall on deaf ears."
(7) Maintain positive attitude and positive activity daily. A old boss once told me, "The only thing you can completely control each day is your attitude and activity." This is invariably true - the concept speaks for itself.
To all those going into solo practice, this author wishes them the best of luck. Sharing what works and staying in touch with other colleagues doing the same thing lends a lot of appreciated support. Ultimately, staying on top of the business of a law practice is as important to the solo lawyer's survival as is staying on top of the practice of law itself.
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‘Reigning in’ on Social Media Marketing

2010-03-09T06:28:00.000-08:00

Marketing in the digital-age has take on a new focus and dimension with the introduction of social media. While the traditional forms of marketing are nonetheless still valid, social media sites like Facebook, Twitter, LinkedIn, MySpace, and so on have emerged in what at first glace appeared to have little utility to businesses and firms seeking an "edge" for their marketing plan - looks were deceiving. In seriously considering a social media outlet for my marketing efforts as a sole practitioner attorney, these sites have began for me as a low cost "engine" for online media outlets which have improved my overall marketing efforts.

While, admittedly, I am still in the process of learning all of the "ins-and-outs" of the social media marketing methodologies, one thing that stands out is the availability of easy to use applications and platforms that take only a few minutes to learn. Twitter is one of the easiest sites to design a marketing portal for your website and brand. However, it is worth comparing each of the popular and most widely used social media sites to see which one is the best fit. The following is a nice comparison "cheat sheet": The CMO's Guide to the Social Landscape.

Speaking from my experience, I have come to like Facebook and Twitter the most. Though, Twitter is starting to show much promise in terms of boosting the SEO of your website via its integration into major search engines, most recently with Yahoo! in its addition of the Tweetooooo App and confluence of "tweets" within its search results and rankings. Facebook on the other hand is more replete with its various applications and advertising plans. I have found its RSS feed application effective in that it can automatically update and display blog posts on your profile page and "wall."

Some lawyers may be reluctant to spend the time or the means to employ someone to manage their social media marketing; yet, many major firms and law offices have appeared on the scene, i.e. McAfee & Taft - Oklahoma's largest law firm with more than 145 attorneys. Other independent lawyers such as David Barrett have gained significant exposure on Facebook by capitalizing on its connectivity with more engaged users of the site. As such, it may be worth spending time to manage one's social media activities to gain their own exposure like the others given the low cost and practical media interfaces available through the office's preexisting and multi-use internet connection. Otherwise, paying a marketing person who specializes in social media is becoming a major part of some firm's marketing plan that this attorney believes is worth a closer look for those who have yet to explore this angle.

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LegalZoom Review: Should I Use Online Legal Documentation Services?

2010-01-15T06:50:00.000-08:00

As an attorney I am often approached by people asking me to look over a legal document to see if it is done right. One of the first questions I ask them is, did you draft this yourself, and if not where did you get it? A common answer is, "I got it online." You may have heard of LegalZoom.com.
The likelihood is also that you are aware that this website is one of the best known and largest online clearinghouses for legal documentation, endorsed by Robert Shapiro. One question I would like to ask Mr. Shapiro is whether LegalZoom is superior to obtaining the same service from a local practitioner.

So as to be both fair and balanced, I would like to explore the pros and cons of using a LegalZoom.

The Pros: (1) It's affordable. Legal documents for important purposes such as a company's LLC or a will and trust are obtainable for what may be less than the local attorney's fees (a $69 will doesn't sound bad); (2)It's fast. The website offers same-day delivery of the documents via downloading; (3) It's has attorney oversight. It is hard to say who is doing what, but LegalZoom advertises its services with the "warrantability" of attorneys working behind the scene.

Read, however, LegalZoom's full disclaimer:

"LegalZoom's legal document service is not a substitute for the advice of an attorney...

LegalZoom is not permitted to engage in the practice of law. LegalZoom is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies...

Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. Visitors to our site may obtain information regarding free or low cost representation through your state bar association or local legal aid office."

The Cons: (1) LegalZoom is not a 'substitute'. You are not getting the advice of an attorney!; (2) LegalZoom is not engaged in the practice of law. As such, LegalZoom is not taking on the same liability that an attorney is when he/she is engaged in practicing; this begs the questions if their documents are prepared with the same "duty of care" owed to a client compared to that of a local practitioner; (3) It is not comprehensive, e.g. "if your specific problem is too complex..." Therefore, if your problem is too complex LegalZoom will not suffice for competent legal help. This also begs the question as to how one will know if their problem is complex unless they speak to a qualified attorney?

I am not one to shun or disparage an affordable and convenient service, unless I feel a consumer could end up getting injured in the end. One can relate, especially if they have met with an attorney, that very few legal problems are "simple" - thus why one went to seek the counsel of an attorney rather than attempt to figure it out on their own. Yet, in all fairness to LegalZoom, there are some sophisticated consumers who are both learned in legal matthers and laws - though not attorneys - who can utilize LegalZoom to their advantage. Saving money and time is unsually a good thing; but, when "self-help" ends up costing more time and money in the end because of a critical error or lack of oversight, the regret can be profound. So, as with anything like LegalZoom use it with caution and avoid taking a cavalier approach to solving a legal problem.

For answers to your questions you may contact: Frank A. Cseke Attorney at Law 2120 Timber Creek Drive, C-2 Fort Collins, CO 80528 Office: 970.219.9978
Fax: 970.631.8897 Contact: http://lawyercolorado.net/

Branding a Solo Practice: Building Your 'You Brand'

2009-10-05T13:58:00.000-07:00

So you have decided to "go solo," and may by now be discovering your own personal "you-brand." Financing the consulting and marketing firm's fees is typically the difficult part - most solo attorneys do not have the budget for a marketing plan of a mid- to large-size firm. Some will have a modest amount to invest. However, it almost goes without mention that law school fails to educate lawyers on the importance of marketing and, more specifically, branding.

One of the most significant patterns that is found with most failed small businesses, let alone sole practitioners, is the lack of any meaningful branding. As such, the inability to stand out in a sea of harsh competition spells for doom. Moreover, a "shot-gun" approach without appealing to a specific target market will likely add fuel to the flames of one's demise. The lesson applies to many different businesses, including we attorneys. Part of the key to success, as James Chartrand suggests, is in finding as well as deciding the 'You' that you want to brand so as to attract the desired clientele. (Find out more about his marketing philosophies at http://susancartierliebel.typepad.com/build_a_solo_practice/you_are_the_product/)

Chartrand, more or less, advocates for a "Know thy self" approach that essentially builds a practice in a fashion comparable to "law of attraction" marketing techniques used by many in the sales industry. Don't let any delusions convince you otherwise, attorneys engage in the sales process more that they realize or they are already well aware. In doing so, a good axiom for this dimension of the practice of law is to maintain the ideal image you want that will gravitate to you the ideal clients you want to have.

It may be of no surprise to anyone who knows of the life of Abraham Lincoln. Without so much as two 'hay pennies' to rub together as a young man he arrived at Springfield, Illinois, which would later become the home to one of the nation's most successful solo attorneys. His ability, undeniably, was a temendous factor in his renown. Yet, in part to his success in starting out as a solo practioner, Lincoln wrote letters to wealthy railroad owners and simply asked for their business. I am not so much supporting this particular method, although the likelihood is that your state bar allows for direct mail marketing, as I am making the point that you should target your ideal market or desired prospects.

In brief, while branding is perhaps an easy lesson in itself, it is not always that evident to those starting out. Branding takes on many different aspects, but two stand out as seminal to this attorney: (1) image and, (2) the target market. Fancy letterhead, a top-notch website, and quality advertising pieces, among other things, certainly help in the process. Nevertheless, the 'You' that you brand ought to share a quality or like interest, an affinity, with your target prospects. Consequently, ask successful attorneys in your area one of their secrets of success and I bet they will tell you that the branding they chose is among the top 3 most important.

The shoe cables a repent reward near the visible.

Is Craigslist Good Marketing for Attorneys?

2009-09-26T10:37:00.000-07:00

Something for nothing usually means something of little to no value. However, when it comes to marketing and advertising there are some resources that cost only time, so they are not quite "free". Craiglists offers free classified advertising for the vast majority of the posts the public is able place on the site; and, some attorneys have utilized this. But, to what result?

Now, like the rest of those who love a 'freebie' for something desired I have to admit that Craigslist has become a useful tool for my practice. However, posting my office's services has not worked very well for me over time in terms of ROI (return on investment). By ROI, I mean time-in versus dollars-out. Typically, and not to disparage anyone, those looking under legal services on Craigslist are those likewise seeking a 'freebie'. As I have asserted before, anything handed out for "free" has a tendency to diminish the value of the service, unless perhaps if done as a gratuity of some sort, or may give off the impression of desperation; although large firms or companies have at times been successful using 'teaser-type' offers. Yet, even 'teasers' can have a bait-and-switch appearance that may mean losing "the sophisticated consumer".

Where I am finding some success with Craigslist is in searching under the employment links for contract work or outsourced legal work. One caveat is: attorney beware. I preface responding to any advertisement on Craigslist as there are definite pitfalls and traps. One such pitfall or trap is a legal service provider who is fraught to find an attorney to do "unpopular" or borderline unethical legal work. While maybe lucrative business, e.g. doing residential foreclosures, the repercussion could mean becoming infamous for a particular line of work such as with said example. Admittedly, creditors may really appreciate or seek out your work. Then again, being seen as the legal version of the Sheriff of Nottingham or Prince John (keeping the Disney depictions in mind) carries with it infamy many attorneys do not want to have.

The upshot of a handful of some of the Craigslist postings under legal jobs is that there are good firms seeking to outsource good work, but they are likely seeking to save on costs through using such a practice. I must also mention that Ethics rulings and opinions of various state bars have restrictions and regulations on outsourcing of any kind. I would advise contacting your local attorney regulation office and/or ethics committee/board to find out more if taking in or outsourcing out any legal service. Otherwise, if found to be legitimate there may be at least some supplemental legal work for your solo practice - I would not rely too much on depending on outsourcing, however, as it may be only temporary or use up a lot of time for less compensation than billing out hours for 'paying clients'.

If contacted by an advertiser, doing your due diligence is essential as with any thing else that is an investment of your time. What is more, it may not hurt to interview the firm instead of them interviewing you; this could bring some credibility to you in the process. Make your time valuable! Finally, I would truly appreciate any submissions for ' craigslist.com success stories' to share with other attorneys.

'Perpetual Rainmaking'

2009-09-18T09:58:00.000-07:00

Business people are networkers, attorneys, well, they are rainmakers. I suppose we as legal professionals have to make everything we do appear distinct. When it comes down to it, the process of networking for more clients and rainmaking look much like the same; and of course, there are approaches that are designed specifically for attorneys.

Whether we are reluctant to admit it or are proud to, we are also in sales, selling ourselves and our services. The 'Close' is part of the job or else no retainer will be coming in any time soon. Yet, there is a nuance to networking as an attorney that I am finding sets us apart, or at least distinguishes credentialed professionals; marketing expertise is its own game that often aims at dispelling anything actually being sold.

I am always looking for new ideas and approaches beyond branding and advertising. The best business I have received from my efforts, and therefore the best approach I am perpetually looking to master in my rainmaking, is building referrals, either from clients or from what some refer to as centers of influence - power partners. As such, relationship-building as for business and legal professionals is a key activity of each day, not to mention this needs to be coupled by good activity and a good attitude always.

So as to be useful in this post, I stumbled on a great idea for those who do estate planning. The basic concept is applied to Wills. As you know, at least in most states, two witnesses are needed to sign and attest to the document. Most often, the attorney and one of his assistants are the witnesses for the sake of convenience. Instead of signing at the office, one leads gathering strategy is to sign the Will at the client's house and invite two of his or her friends or neighbors to be the witnesses. At the signing you have then captured these two individuals' names, addresses, and phone numbers. Ultimately, this could provide all that is needed to gain the intro from your client to a prospective client or clients by itself without any further steps simply because the friends or neighbors may end up asking about getting their Will or other planning documents.

The approach, as you may be wondering, comes from http://www.premiumpractice.com/

the author suggests giving these witnesses a "free will." I have to disagree. For one, a Will was just done for a client at whatever the charge paid, and if the client discovered their friend or neighbor got one for free you may have just alienated a "paying patron" who may give more referrals to you in any event. Also, giving any legal services for free in my estimation can devalue the lawyer's practice and time, thus creating undesirable expectations for more and more free work down the road. However, I think this approach will work more effectively by sending a letter to the witnesses and offering an estate planning consultation for a substantially low premium as well as a Will or other planning document at half the rate. After doing the "bargain" analysis, they may then take the offer for the Will and could end up taking their savings on the deal for other planning documents.

A lawyer's time and expertise is the "commodity" he or she has to sell without much more other than experience and expertise. Repeating the above process may lead to a large volume of new clients, and my approach could be inferior or may not work as well for some. Perhaps trying both and doing some experimentation will test the strategy. I look forward to any attorneys' comments who have used this approach to find out how well it worked for them. Rainmaking is not easy, but it can be simple and effective. Good luck in all of yours!

--Frank A. Cseke

The 'At-Home' Attorney

2009-09-16T08:20:00.000-07:00

Monday morning: alarm goes off at 6:30a.m. and snooze button hit a few times for those extra moments of almost guilty sleep. 6:50a.m.: roaming around the house like a zombie trying to get my body working - my brain is not yet awake - and need to get a bottle of formula ready for the baby. 7:15a.m.: baby is fed and the 8-year-old is finally out of bed getting dressed. 8:00a.m.: we, the baby, 8-year-old, and me, are off to the bus stop down the street; mom is already on her way to work. 8:20a.m.: back to the house with the baby and have to feed the dog, not to mention myself. Where is that coffee? 8:30a.m.: I have my coffee in hand and the baby is half-asleep again. After a long sigh, I sit at my desk and start work....

.... 'the day in the life of the stay-at-home-dad and stay-at-home-attorney'.

Tuesday morning rolls around, which is my 'big marketing day'. My routine is much of the aforementioned. However, this day I need to fit in a conference with Phil, a financial guru I collaborate with, and a long term care insurance provider friend of his. We are working on developing a seminar, which is still in its early stages. After that I need to switch the baby over to 'mom' so that I can go to my LeTip leads group in Longmont, Colorado, a thirty minute drive away.

Around 2:00p.m. I am back home with the baby and the dog needs desperately to go out side to do her "business," I need to get back inside to get my business done - no, not like hers in case you were wondering. I am fixated on the clock on my computer realizing I need to leave in less than an hour-and-a-half to pick up Austin at the bus stop, the 8-year-old as you now know. Reflecting with a sudden ounce of anxiety, I am thinking back to when I was scurrying around earlier that day with a baby in a car seat in one hand and briefcase in the other, wearing a business suit and feeling all the while a bit awkward for some reason imagining at that time if I were heading to a major client conference under these circumstances and what the client would think of me bringing a screaming diminutive to add his input. Luckily, Phil and his friend are understanding and enjoyed seeing Matthew, the baby, despite his fussy interjections. I have to count my blessings that Daffney, my 'other half', has the flexibility to watch him once in a while for me to take care of important meetings.

Circumstances nicely came together with desire for me, I suppose. What I mean is that I wanted to be able to be both an estate planner and get out of the court house grind as well as work from home to start out my practice (office overhead being a major consideration). The ancillary to this was when starting out a baby was soon to come, and one year and three months later after setting out on my own he was here indeed. Some may see this as a "snag" in their plans to start their own practice; I saw it as a destiny, a new challenge to tackle.

I would be remiss not to mention that some panic did not initially force me to lose my cool. There were those intense grips anxiety months ago when trying to imagine how I would be able to do it all. I do not know how I could do it without Daffney, and I am indebted to her if not completely amazed by how replete she is with love and devotion. Then it all came together both in mind and in being - things just started to fall into place. As far as steady income from my end, that is a challenge from time to time. Daffney is the full time career professional with the '9 to 5' job, hence my indebtedness to her. But, there are those months where things are hard as you can imagine. Fortunately, I teach paralegal and English night classes which brings in enough to get by.

Sacrifice comes in the beginning, and in the middle; sometimes, in the end. It certainly is front end loaded for me and those like me, struggling to make their way, claim their stake, you know the clichés. Starting a practice with a family, especially with a new child, is like working two full-time jobs. Yet, being the one 'at home', both homemaker and fledgling solo attorney, has its definite rewards and stresses. The best thing of all is being able to have the quality time with Matthew who is next to me now as I type. Despite the stresses and time constraints being a good family man and attorney can be done successfully, and eventually I will be the one switching roles with Daffney. When that day comes it will be hard to go to work without my boy, having him there by my side, watching him grow, hearing his sounds, and seeing his smiles.

--Frank A. Cseke

Going Solo

2009-09-12T21:32:00.000-07:00

When I was in law school I never imagined that I would have set out on my own. That is, to start my own law practice with out much more than a modest savings and experience I had in the private sector. Yet, a great desire to be a "free agent," an independent practitioner, not to mention an entrepreneur, gave me the motivation to fully engage in this endeavor; having had my first child, Matthew, and quality time with my new family, was the icing on the cake.

Years ago I can vaguely remember the words of an older and assumedly wise attorney, as I hardly knew him and whom I still cannot remember his name for the life of me, once utter to me in the law library, "Unless you are willing to take risks, you will never be a great attorney." I am not sure whether he meant this to mean in the practice of law alone or in the business of the law, or both. Nevertheless, I later absorbed his words into my psyche to mean both, although this did not really become so until I found myself as a solo practitioner.

There are those days where I truly question the risks taken and there are others where I cherish having taken the leap of faith in myself, especially so when I have the time to spend with my son that I never would have had otherwise, not so especially when I go through the office expenses. But the pros have at any rate outweighed the cons sparing me from second guessing myself to the point of insanity. I find solace in this as well as from the anecdotes I pick up from colleagues in the same boat that amount to much of the same.

There is no "candy coating" it; working for myself in my own Estate Planning practice has been a true, but not unobtainable, challenge. Effective marketing, "rain making" for clients, has posed as much a task for me as the legal practice itself. However, I have come to find inexpensive means of accomplishing this vital aspect of owning one's own practice with good networking and my leads group, LeTip of Longmont, among other things. Needless to say, it helps to have friends who I appreciate greatly for sending me business. Additionally, the pro bono work has also unexpectedly reaped for me some benefits and has proven to be rewarding in its own right despite working without a paycheck at the end of the day.

So, why blog my "light weight" views and perspectives on doing a solo practice given my incredulous spot light in this gig? Well, I suppose I could keep a journal and keep it all to my self, but this got me to thinking; there has to be a lot of others out there going through what I am now, and have had to endure, for my short tenure as a solo attorney. I can be frank at the very least without coming off as dubious in my intent in stating that this blog is not about an expert sharing his or her tips on how to be successful as a solo legal-all-star. It is, however, about exchanging information in the spirit of creating a community of interest for the oftentimes more pensive than exuberant kindred like as my self. This is not to suggest a lack of satisfaction or else I would have thrown in the towel a long time ago, merely I find value to not just opine but to share relevant stories concerning "the day and the life of the job" which is far less a job than it is doing business independently - working for me. Venting can likewise be a catharsis that ought never go underestimated, and some days it feels better to be understood than to understand.

As much as I enjoy a reading a good rant and rave about being a solo attorney I enjoy telling them as well. On a professional level, sharing best practices, changes in law, innovations, "legal shop talk," in my area of law that I picked up and also publishing the same after reading about others' whether in my area or in various areas helps everyone of interest. What is more, passing along the "how to get more business" ideas "that work" so that everyone can benefit from these "valuable gems of information" is something I feel passionate about. Sometimes it feels as though we have forgotten how in serving others we serve ourselves.
I really encourage a collaboration in sharing and exchanging information from all angles and varieties of practitioners out there who are willing. If you read this far and have the time to earn some 'karma points' for the day send in something. Thanks for reading and have great one and a safe one.

--Frank A. Cseke