solowannabee

I'm still here...

2007-02-01T17:09:00.000-08:00

I'm feeling a bit guilty because I haven't posted in a while. Just soooo busy with my new law practice (No, silly, not on paying clients but on all the crap that goes with opening a law practice!).

So, nearly one month later I have earned $250.00 for preparing estate planning documents. No, I am not complaining. I do have a $1000 advanced fee in my IOLTA - I just haven't sent the client a bill yet justifying any disbursements.

I figured it would be slow-going for a while. Thank goodness I don't have to support anyone (DH does that) and I have some seed money saved up for my money pit ... er business expenses.

On the other hand, I have received a fair amount of calls, have some cases in the works that might come back and retain, and have three whole appointments set for next week. So, I really can't complain too much.

Happy New Year

2007-01-02T12:11:00.000-08:00

Happy New Year to all!

Today is my third day as an "official solo attorney" - though I'm still a wannabee because I have no clients. Actually, that's fine for now because I'm still getting things together.

I have my office, desk, multifunction printer/copier/fax, phone (only one line), general premises liability coverage, and an unfurnished conference room.

Still need to get: signs (though I will hopefully get something in a couple of weeks), conference table, chairs, second line (courtesy of Packet8 VOIP - curious how that will be), malpractice insurance, and small table for my office. And, oh yeah, clients.

I do have one "networking meeting" set up with an insurance person, and have an open house I am attending next week with a financial planner. I have high hopes for referrals from the latter since she is in the same building complexes that I am in. And 1 of the 3 local yellow pages now has my advertisement in it. Real curious about how effective this will be since every online discussion group talks about how ineffective yellow page advertisements are. My former employer seemed to get a lot of clients from it, however. A quick word to the wise - if you run your name in the white pages, make sure you list it under your last name - my listing is under "L" for "Law Office of ...." Just about worthless, if you ask me. Not sure whether to complain, or just blame myself for not anticipating this.

I am also working my way through "Get Clients Now!" by C.J. Hayden. It is a marketing book aimed at service professionals, though not necessarily attorneys. It advocates steady steps and reachable goals you set up for yourself, which seems more trustworthy than "miracle solutions" often promised by other books.

In the meantime, my time seems completely filled with endless tasks: call electricians, call sign persons, call furniture salespersons, go to office supply store, contact professional negligence insurers (one, Mainstreet Financial, seems markedly lower than the others - any experiences with them?), revise questionnaires and forms. I want to read up on substantive areas of practice, but seem to have little time for that! At the end of the day, I keep a journal of things I have done just to prove to myself I got something accomplished!

Building the Bankruptcy Book library

2006-12-21T09:14:00.000-08:00

Okay, I still have sign issues, but I won't linger on it for this post...

Instead, I'm psyched to say that National Consumer Law Center has come out with their up-to-date "Consumer Bankruptcy Practice," 2-volume set for 2006. I've posted queries on a couple of different listserves for a good book on bankruptcy practice, and, without exception, this has been the number one recommended book. The only problem is that NCLC only had their 2004 book with 2005 supplement available. And I HATE law books where the supplement is bigger than the original text itself. So I waited to buy. So, now the updated book is out, and I have it ordered. Woo-Hoo!

I also ordered and received the "Consumer Bankruptcy and Chapter 13" and "Bankruptcy Issues" from Argyle publishing, which I received yesterday. Good, cheap, basic level books. My biggest complaint is that they don't include many examples (but the book does go through each petition and schedule that is filled out as part of a bankruptcy case, which is helpful), but at a price tag of $45.00, I figure you can't lose. Plus, its a 2006 release, so it includes BACPA materials.

Finally, I also had ordered "Consumer Bankruptcy Deskbook" from West-Thomson, which was a real disappointment. First of all, it was originally published in 2002, so it misses out on all of the BACPA changes. Second, the supplement is a mess. It is missing some pages, it contains different sections on the same page, so you can't just place the supplements with the original section, and the pagination is all messed up - on one side page is 128, on the other side is page 30. I called West, and the service rep said that there was no noted problems with the book and sent me a second supplement. Guess what. Same problems. I think no one has ordered this dog in years, so that is why there is no reported issues. Very disappointing, because if it was up-to-date, it would be a great resource given its depth of coverage. This definitely goes back as soon as I get the mailing label from West (and they better pay for postage!).

So, I guess 2 out of 3 isn't too bad.

Whats wid da signs? or a lesson in customer service

2006-12-13T12:39:00.000-08:00

Yes - one month later I'm still dealing with signs. I've received two proposals from two sign companies that bite the big one. One was "Smith Law Office" in raised letters pasted directly on siding - in an ugly yellow color (against a muave-ish building). Another was a black sign with yellow letters with a "scale of justice" on one side. Both took two weeks to get back to me, and the latter sign is the EXACT duplicate of another sign in my town - down to the same color scheme. I told the first company that I didn't care for the design, and could they please get back to me with a design incorporating certain elements (I swear, I was nice!). I haven't heard word one (or email one) from them. I called again this morning, begging for a time to meet with the sign representative, and his assistant said he would get back to me this morning - but still haven't heard anything.

A third sign company has still not gotten back to me (after my calling them 3 times and promising earlier that he would get a proposal to me by last Friday), and a fourth sign company's owner has gone AWOL - with no "signs" of returning. I contacted a FIFTH company today, who did seem to listen to me (I even had pictures of signs that I liked) who said that he would go out to the building I'm subleasing in a day or so and get back to me with ideas soon (I've heard that one before). Normally I would be hopeful, but ....

And I naively thought that getting a sign would be the easy party of opening a practice. I am not looking for anything fancy - just "Smith Law Office" in raised letters on a burgundy background. No lights. No graphic. At this point, I'm all for the "KISS" style of signage ("Keep It Simple, Stupid").

Other than ranting - I think the lesson to take away from my experience is the importance of basic CUSTOMER SERVICE. Specifically -

1) Deliver a product or proposal when you say you will;

2) Listen to your customer, incorporate her ideas, and don't insist on producing a product without having a clue what she wants (she is the expert on what she wants - even if you are the professional);

3) Return phone calls in a reasonable fashion and in the time frame that you say you will; and lastly

4) Don't make people beg you to give you money and retain your services!

All of these points can and should be adopted by a legal office. Remember your own frustrations in receiving bad customer service (whether it be the phone company or a supplier) and don't repeat the same mistakes in your own practice!

Super CLEs

2006-12-03T14:31:00.000-08:00

Twenty-Seven days to opening day and counting ....

I feel remarkably unprepared. Still don't have my sign figured out (waiting for a local sign company to get back to me with a design - hopefully Monday or Tuesday!). No business cards. No malpractice insurance set up yet. No furniture ordered. No practice management or practice specific software. No website or email set up. No announcements ready to send off.

What I do have: phone number, yellow page ad, office to rent (starting 1/1/07) (which includes a desk & return), phone, laptop, multifunction laser printer, a domain name, and books up the ying yang.

In my defense, the place I was planning to order furniture said everything usually comes in within a week, and one of the malpractice insurers I spoke to said that it doesn't take very long to get the malpractice coverage going. I'm hoping that the business cards will be fairly quick, especially if I initially go through Vista.com.

I have been attending a fantastic "basic estate planning skills course" through the University of Washington (Go Dawgs!), which consists of seven 1/2 day sessions (spread out over 3 months) of (what else) basic estate planning topics (wills, trusts, life insurance, community property, probate, elder law, powers of attorney, basic level tax, special needs trusts, etc.) By the time I got my "new attorney" discount and discount for already having the deskbook estate planning and probate materials, the total of each class was under $50 per session. When all is said and done, I should have 21 credits of CLE (I had to miss one session because of foul weather on the mountain pass - but they were nice enough to provide me with tapes of the lectures I missed). Plus, I can justify going to Seattle - which is truly one of the most beautiful cities (when its not cloudy, rainy, or snowing!).

I love CLEs. When I actually bring in money, I plan to go to more - did you know that an advanced estate planning CLE (through ALI-ABA) is going to be offered in Maui in February? I doubt I'll have the money (or ability) for it at that point - but wow! Maybe in '08????

Black Friday Shopping

2006-11-26T14:11:00.000-08:00

Happy Thanksgiving All!

I took advantage of Black Friday, got out to Best Buy at 5 a.m. (nuts - nuts - nuts) and bought a nifty 22 inch flat-paneled monitor, 17 inch flat paneled monitor, and plug in hard drive. Wanted one of their $200 computers, but so did 1000 other of my fellow crazies. So I missed out on that one. (I've got a great tablet PC - I wanted the cheap computer for *future* bankruptcy clients to be able to do credit counseling online).

My plan is to use the 22" monitor for "presentations" as part of my free initial consultations (bankruptcy, probate, elder law, and estate planning) in an effort to better "inform" my clients about the process and options. Has anyone done something similar - prepared a powerpoint presentation for new clients? I tried to do this for my former boss, but she had me stop, with the concern that I was giving the clients "too much information" and they would just leave and do the legal work themselves. I can imagine it is a fine line, but I think it is a good idea to have clients well-informed about the process so they can make intelligent decisions, realistically know what to expect, and not come back later and say "but you never told me that." If I lose a few clients because they decide to do it themselves, am I really losing anything? Starting out, I'll certainly have more time than money, anyway.

The hard drive is obviously for back up - and the 17" monitor is for hooking up my laptop at my office so I don't have to squint at my small laptop screen.

I love business deductions!

Signs, Signs, Everywhere are signs....

2006-11-16T10:39:00.000-08:00

Time marches forward to my grand (or not so grand) opening of the Law Practice (dum-de-dum-dum - ominious music)....

My next decision to make is signage. The business I am subletting from has this big, illuminated sign (3 X 10') with their business name on it. I would like to get something about the same size for my side of the building. My question: should I get an illuminated sign, which will likely cost about $3500 or a laminated sign, with a cost of $500 (including install)? I like the lower price, especially in just starting out. But the building fronts a fairly busy street and the name recognition (if people even notice signs as they are driving by) might be an advantage. Obviously, during the day time, either sign would be equally noticeable. But at night, the illuminated sign would show up better. Also, would it look tacky to have the laminated sign next to the illuminated sign? Decisions, Decisions, Decisions!

Another question is what should be on the sign? Personally, I think the scales of justice is overdone, so I'm thinking of just putting words on the sign. Do I want:

Smith Law Firm

Smith Law Office

Jane Smith,
Attorney at Law

Law Office of
Jane Smith

(No, I'm not Jane Smith, but I have a similarly simple name - not ready to come out of the closet yet :) )

Any thoughts or comments greatly appreciated!

Great Book for Estate Planners..

2006-11-07T10:33:00.000-08:00

In my countdown to opening my practice, I'm attempting to spend as much time as possible reviewing the substantive areas of law in which I plan to practice.

One book I checked out of the law library is "The Funding of Living Trusts" by Carla Neeley Frietag (2004). A fantastic book - I've eeked my way through the overview chapters and am just about to hit the specific chapter on funding a trust. The attorney I worked for, IMHO, provided a horrible example of funding the RLT and left most of the work to the client (except for preparing the deed and form bank account transfer documents), with very little guidance. One client we had asked what a trust was on the day that he signed! I feel like this book provides the mentoring I was hoping for, but never received.

Also, does anyone else have problems remembering what you have read? I've read through so many sources of information, only to forget what I've read later on (early dementia?). I've decided to take painstaking notes and try to review them everytime I take up a particular topic in hopes that I will get this information into my head. Does anyone else have any good techniques to remember substantive areas of law?

Phone woes...

2006-11-05T22:01:00.000-08:00

A little less than 2 months before the big "O" (opening day).

Did I say I had a phone line? Well, I wanted to get two lines - but turns out because of some weird infrastructure issue, I can only get one line for my practice. I guess I can make outgoing calls on my cell phone, and get my new calls rolled over to the existing business's extra line if my line happens to be busy when another call comes through. The nutty thing is that this building is less than 2 years old, and because of the owner's failure to install the right number of "NIBs" or "PINs" or something like that, the total number of lines that can go into this building is apparently 3. Or so says Verizon. Quite frankly, everytime I call, I get a different response. If I knew this was going to be an issue, I would have tried VoIP through Clearwire (but they don't have number portability at this time and I couldn't transfer my Verizon number advertised in the phone book).

Course, on the bright side, I doubt my phone lines are going to be burning up (for a while, anyway), and my phone costs per month will be less than I expected for budgeting purposes.

Also, the business I am going into is letting me use their existing desk and return (which is a very nice set), so there is some additional cost savings in start up costs. I also bought a VERY COOL multifunction laser printer-copier-fax-scanner, which has a duplex printing option and runs at 31 ppm. Did I mention that I love office supplies, which is probably the real reason I decided to go into business for myself (so I can buy all these cool supplies on a whim)?

Next step, I guess, is to buy a phone. Is it better to get voice mail or just use a phone with an answering machine. I suppose I won't need a phone with multiple lines anymore. Maybe just a base phone with some extra phones & cradles like the ones they sell at Costco? (All hail Costco!!)

I'm back in business.....

2006-10-24T01:06:00.000-07:00

Okay - its been a loooongg time since I've posted anything and this will be short (its one in the morning and I have to get the kids to an early doctor appointment while DH is on a business trip). But I'm back into solowannabee mode. If anyone (with emphasis on the "one") was following my blog, I started working for a solo last April. That met with mixed success. I got all the real bad probate cases that she neglected and/or screwed up, and got to try to fix them under her "watchful" eye. Realized that I could do as well, or better (I hope) than her. And told her my plans to go out on my own after she casually mentioned that I would be in her Yellow Pages ad for next year. So, I came clean with my plan to leave - and she was very nice about it at first (but came up with some BS about a plan to "partner" with another lawyer so my leaving was not a big deal). Then she started hounding me on every case. Finally, we had a bit of a confrontation, and I "offered" to leave sooner, to which she said that it was up to me. Believe it or not, this is the ONLY job I have ever quit on short notice and under bad terms. I usually am a likable, easy-to-get along with person. Honestly. (Maybe I'm getting cranky in my middle-age? - or at least no longer willing to put up with petty sh*t).

So, I have the office all picked out (subletting two offices - one for my desk and one for a conference room), with the business providing back up reception service. I will start in January, and will have a Yellow Page ad in one of the three phonebooks that come out that year ($300 per month for one phone book - yeow - I hope it pays off!). Other than registering a PLLC, placing the YP ad, and getting my phone lines installed (so I could get a number in the YP ad), I have nothing else done. Anyone know of a good countdown list for starting a practice?

Also came across a great blog basquette case, of a woman who is starting her practice in November.

Well, thanks for listening. Will post more later.

Third week...

2006-05-09T19:39:00.000-07:00

Third week of working as a *real* attorney at a *formerly* solo practice. Definitely giving me the confidence to feel that I could strike out as a solo. In reading all the tech savy blogs out there, I get the feeling that case management and billing software, estate planning software, and other tracking software is a must. Not so in this office. Everything is amazingly un-hi-tech. Moreover, a lot of what I have done so far has been self-learned (though having a more experienced practioner to bounce ideas off of is helpful).

First week ....

2006-04-25T19:38:00.000-07:00

Well, I completed my first work as an associate in a (formerly) solo estate planning practice. So far, very cool! Ignoring the fact that I'm incredibly inefficient and the paralegal can work circles around me, I'm having fun. I've sat in on a few initial consultation meetings, filed some court documents, wrote a few "official letters," and have received a few files to work on.

I've been reading up on probate administration prior to starting the job, but it makes all the difference in the world puting theory to work. Suddenly these abstract terms make sense. After five years of working as a law clerk and a "contract attorney" in a corporation, I'm starting to feel like a *real* attorney.

Sidetracked

2006-03-30T09:43:00.000-08:00

Well, I've decided to postpone my practice for at least another year. I got an offer to work with a local attorney in estate planning on a part-time basis. The salary is minimal, but I figure that I can gain that client experience, of which I have none, under someone else's watch. Plus, the attorney seems to be a very nice woman (I could use a mentor!). So, I'm trying to bone up on the basics of estate planning and probate administration before I start.

I figure, if it works out, great. If not, solo practice remains an option. So the direction of this website changes to "solowannabee's experience working in a small firm estate planning practice with the eventual goal of starting her own practice."

Lessons Learned

2006-02-24T08:48:00.000-08:00

Whew - been a long time since I posted.

Biggest news is I'm almost done w/my temporary part-time job working for a corporation. Two more days. Actually, I'm kind of glad - its been great for getting me back into law (before then, I was staying at home w/the kids) and it gave me the motivation to take (and pass) the WA state bar after having moved here from CA. Plus, I now have some seed money for a practice.

But I'm ready to move on. The work I do there (deciphering some environmental regs) is BORING!! I've learned an area of law that I don't want to practice, which is probably about as valuable as discovering which areas I do want to practice. Plus, I had earlier thought about doing some contract work for other attorneys while I get my practice started. After this stint, I don't think I'll actively pursue this. I enjoyed the projects that I solely worked on - the collaberative projects (especially the last one with several government attorneys) was frustrating due to the EXTREME inefficiency of the process. Maybe that means I am cut out for solo work.

Advice from more experienced attorneys

2006-02-08T13:05:00.000-08:00

I thought I'd share some great advice I've heard and/or received lately:

From the solomarketing listserve, one attorney, Ed Poll (of www.lawbiz.com) advised,

"Moving forward one step at a time is the way most journeys get completed. Or, as Alan Weiss, a well-known consultant (author of Million Dollar Consultant), says: 1% each day makes for 100% progress in about 70 days. Do a little each day and you will be doing more than most attorneys."

This has basically become my mantra - I try to do a little each day to become more familar with family law - either reading statutes, treatises, cases - or information on starting a law practice. Sometimes its frustrating, because either there is so much I don't know, or I see other people, such as Brandon Wilson of the Fifth Estate, who seem to be going somewhere with their solo venture. (Don't get me wrong - I'm pleased to see him and others doing well and they are a great inspiration - keep posting, please!). I know its a bad idea to compare myself to others, and, logically, I know I'm not in a hurry to get started. But still.....

Well, I'll turn off the insecurity, and share the next great advice I've received:

From a more experienced Washington family law attorney from the West Side of the state (which, as those of you who know Washington, is about as different from the East side as night and day), who kindly provided the following excellent advice (and more), and asks not to be identified (which, I'm sure has nothing to do with the quality of my blog!):

"The best way to learn family law is to do it! Never take a client just for the money. If you don't like the client or don't believe their position is reasonable or responsible, send them away. Hang out on the motions calendar and watch and listen. Buy the [Family Law] Deskbook … and buy FamilySoft. Those two things and a good computer are all you need to start.. …. Read the statutes over and over. Find an attorney in town who has a good reputation and bug them to death. Be patient and don't be shy.

No matter how small the client (time/money wise) treat them like it was the biggest case you will ever have. Engage in handholding where necessary. Take time to hear them and let them be heard. They will like YOU as a result, which is as important to repeat business as being competent as an attorney."

Both excellent advice! Thank You!

Not so useful seminar

2006-01-29T20:27:00.000-08:00

Warning: Griping Below

Well, I attended a Washington Law Seminar I mentioned a little while back called "Practice Development Series: Building Your Family Law Practice" on Friday, taking a one-day, round trip flight from Eastern Washington to avoid the uncertainty of Snoqualmie Pass - and the verdict is .... not so helpful.

First, there was nothing specific to "family law" in the program. It could have been "starting your personal injury practice (or other "fill in-the-blank practice."). I was hoping there would be more specific information for a wannabee - such as information on practice specific software, malpractice insurance, evaluating the market for a family law practice, tips on finding mentors, start-up costs, marketing to clients, a real review of practice managment software, the efficacy of yellow page or other advertising, how to become sufficiently "competant" in starting out in family law, and so on .... Instead, most of the presenters were consulting firms and marketing people who, apparently, do some work with lawyers (or want to in the future, hence, they presented general information to a group of lawyers).

For example, there was an hour long lecture on developing a business plan. Super. I believe that business plans are a good thing - but I'm not going to take months to write a 25 page business plan when I have no intent on trying to borrow money from the bank or get some other "venture capitalist" to fund my practice. Moreover, the sample business plan in the materials had NOTHING to do with the practice of law. How hard would it have been to have a sample law practice business?

We also got "managing your practice to maintain your humanity" brought to us by a personal injury attorney. Hello? Couldn't find a family law attorney to give the talk? Okay, so I'm supposed to hang up on a client when she calls at 3 in the morning because husband hasn't returned the kids yet. Got it.

Another topic was "top ten things family law paralegals wish their bosses knew." I am not going to be hiring a paralegal for quite a while. Even then, I would never treat the paralegal with the kind of disrespect that the paralegals warned the group against. Is there really some idiot lawyer out there that needs to be reminded to be nice to his/her staff? If so, they are beyond the help of this seminar.

The Marketing section talked about the importance of "branding" such as "Lexus"or "Coca Cola," never answering how I, as a family law attorney, can "market" myself in view of the RPCs. Have a Divorce and a Smile? I'd like to teach the world to sue in perfect harmony? No concrete suggestions specific to the practice of law and "establishing your brand" were made either.

Final verdict: not worth the money for the seminar and flight, in my opinion, anyway. Oh well....

I did pick up a Community Property Deskbook, which the WSBA sells for $150 for $50 at the UW Bookstore, along with the latest bluebook and a book on lawyering skills, including interviewing and counseling, which looks very informative. So, all was not lost. I love the Bookstore. GO DAWGS!! Win the Superbowl!!!**

In the next few days, I'll pass on what few "pearls" of wisdom I picked up at the seminar.

**Okay -- So, I know the Dawgs are a college football team and aren't going to the superbowl. Just seeing if anyone reads this.

Is your client a damn fool?

2006-01-18T19:14:00.000-08:00

A great discussion on Solosez today about what to tell a client who wants his lawyer to file a frivolous motion. I particularly liked the following comments:

"I tell my clients that my job is not to tell them what they want to hear, but rather what they need to know. They hired you for your expertise and judgment. They need to rely on that now."

"Impress on your client that tactical decisions in the litigation of the
case are YOURS, goals and settlement decisions are his. If you want to
go ahead to explain the reason you are making the decision you make go
ahead, but never let your client believe that whether to make cush
motions are the client's call."

And, from the best lawyer ever ... "Half of the practice of an honest lawyer consists of telling his clients that they are damn fools and should stop." Abraham Lincoln

I don't know if Lincoln really said this, but what a great quote!

Estimated Monthly Expenses.....

2006-01-16T16:02:00.000-08:00

Well I created my wishlist, which could use some refinement (the consensus is that a color laser printer-all-in-one is probably not really necessary). So, here's my on-the-cheap monthly expenses:

Conference room/image office to meet clients. I know some people meet clients in their house, business or Starbucks, but I don't think that would work for me. Especially for a family law practice. Cost ~ $175-275.

2nd phone line into the house: No idea what this would cost - I'll guess ~ $30.

Malpractice Insurance: Again, no idea - I'll guess $200-$300 a month.

Continuing education/books. I'll try to control myself at about $250 a month. ($199 average cost + gas to Seattle.)

Web/Blog costs: ~$20 (8.95 typepad and 8.95 godaddy web site). Why do attorneys NOT have websites? Why does any business not have a websites?

So, the total would be around $700-$900 per month. If I charged ~$100/hr that would be ~10 billable hours to break even. How hard is it to get 10 billable hours out each month? It doesn't seem like much, but I've never really charged anyone by the hour before. Any new family law attorneys reading this have an idea what the average range of an hourly fee charged by a new attorney in Washington?

Course, I realize there will be miscellaneous expenses not accounted for here. But, hopefully these would be the big ones.

New blog...

2006-01-14T10:49:00.000-08:00

Well, in trying to follow the road of Grant Griffith's Kansas Family Law Blog, I have started a new blog on typepad (30 day free trial period) of Washington Family Law Blog. The default color scheme is perfect for a Washington blog. I also have the domain name washingtonfamilylawblog.com, but haven't yet taken the time to link it up with the blog. I can't believe someone hasn't snatched up the name yet! I still need to work on links, about me, etc., but I figure at least I've got a start.

2006-01-07T19:21:00.000-08:00

Wow - has it really been a week since I've posted anything? Time goes fast in the new year!

Thanks for all the great advice to my last post! And yes, you're probably right that I really don't need the color laser printer. I've always had this *thing* for office supplies. Even as a kid I really liked buying school supplies. I just look at the all-in-one color printer and drool.

Now a Progress Report: I've made it through Volume 19 of the Washington Practice Guide on Family Law, and am 200 pages into Volume 20. Amazing how small, consistent steps (in my case, 15-20 pages a night) will help you reach a larger goal (ok - so that's what time management gurus have always said - who knew they were right?). I read somewhere (I believe it was Opening Your Estate Practice) that if you spent one hour a day reading about a topic, then in 6 months you would be an "expert". I don't know if that is overly optimistic or not, but I feel in the monthish that I've been reading family law, I've come a long way. Give it another 5 months and I *hope* I'll be fairly knowledgable. My main goal is to be able to spot issues in a case to know I need to do additional research.

I'm thinking about debuting my practice in September. My daughter will be back in school, I should have some additional cle seminars under my belt, my part-time contract position should be finished (though it keeps getting extended), and my son will be in preschool 4 days a week for a couple of hours a day. So that's my preliminary plan, anyway.

In the meantime, I'm wondering if it would be better to take a pro bono case for experience, or volunteer with the family conciliator at the superior court (assuming the latter takes volunteers)? The benefit of working with legal services is that I get malpractice coverage up to 1 mil. for that case, and I might be able to get the name of someone to mentor me through the case (though, unlike Seattle, there is no formal mentor program set up here).

My Practice Wishlist...

2005-12-31T16:15:00.000-08:00

My Wishlist for "toys" in starting a solo family law (with simple wills and trusts thrown in) practice....

1) Malpractice Insurance. Okay, so this is a requirement that I would never think about practicing without. I'm really not sure what the cost of this is. I've heard a low of $500 for new attorneys out of California. I'm pulling the figure of $2400-3000 out of the air. Any hints from new attorneys practicing in Washington?

2) A tablet/notebook computer. Little geeky, and probably not something I'd need to buy right away since I already have access to an older averatec notebook computer, but a new laptop that I can take notes on and edit documents by hand just sounds too cool. Price tag: $1500-2000.

3) Practice Management Software, which I need to learn more about. Seems to be an overwhelming amount of choices out there. PC Law and Time Matters seem to be the big players. Price Tag: $250 stripped-down, no support version for one user via PCLaw.

4) Continuing Legal Education and Practice Books. Actually, I have a good start on this. I love being able to take and buy these things and write off the expenses! I think I'm one of the few attorneys who does not grumble about CLE requirements. I just wish we had more courses offered on the East Side of Washington (the desert - yes, there is a desert in the Evergreen State!)

5) Area specific software, such as Familysoft ($950) or Drafting libraries for wills/trusts. ($500) or West's drafting wills and trust agreements ($895)

6) A scanner-color laser printer-copier-fax machine all in one. Price tag: $750.

7) Virtual office or conference room I can rent by the hour or on a limited time basis. Until I get busy enough to justify it, I just don't want to get into the expense of a full-time office and furnishings. Plus, I want to open a solo practice, at least in part, to set my own flexible hours. Too many expenses and I'll have to work full time. One such place in my town runs $175-275 a month (not including many services). Seems a bit overpriced for a small town, but hopefully there are other options that are a bit more reasonable.

8) A phone number/line. I'm thinking either through my cell phone, or a second line into the house I can forward to my cell phone.

9) A webpage. I can't believe in this day and age and with the ease of setting up web sites that all attorneys do not have a simple webpage set up. See Godaddy for some cheap webhosting and templates. [Of course, you get what you pay for - but in this instance, I think that doing a not-so-perfect webpage is better than not setting up a site at all. However, no misspelled words or grammatical errors, please! Nothing looks more unprofessional than a legal website with misspelled words and bad grammar.]

10) A practice-specific blog. I would think that running a blog in one's practice area would force an attorney to stay up-to-date on her area of law. Grant Griffiths of Kansas Family and Divorce Lawyer says that his blog is the only advertising he engages in.

11) Miscellaneous: business cards, phone line, stationary, brochure describing practice areas, etc. (Yawn).

Of course, I would not go out and buy this right away. The only must-have item, in my opinion, is the malpractice insurance and virtual office. The rest could come as work and money came in.

Lesson from solosez

2005-12-31T16:02:00.000-08:00

Interesting discussion on solosez - an attorney called back a potential client who had left a message to reschedule an appointment. The attorney called the client back by using the caller id on her phone and left a voice message to the client, using only the attorney's name and phone number (not identifying herself as an attorney). The client then called back the attorney, saying that her spouse figured out from the phone message that she had contacted an attorney (which spouse did not know at the time), and that this had caused her trouble.

Two thoughts: an innocent use of technology and a message that leaves minimal information could potentially raise negligence issues (i.e., spouse could have injured the potential client if violent) - or at least destroyed any advantage of "surprise" in bringing a dissolution action. [I'm not sure that all elements of a tort would be present, but I'm sure an enterprising attorney would attempt it.] Second, whether or not a client tells an attorney not to call her at a number, it would be extremely prudent to raise this orally or in writing during the first contact with a potential client and create some kind of reminder system before contacting any client, especially in a family or consumer practice area.

You like me, you really like me....

2005-12-28T14:49:00.000-08:00

Yes, I'm old enough to remember Sally Field's Oscar acceptance speech (Places in the Heart, right? - or maybe it was Smoky and the Bandit (pick a number).)

I was extremely honored to actually be picked on a "best of" list ("Best new blogs about trying to figure out life after the bar" - actually I tied with Brandon Wilson - the Fifth Estate) from The Practice - a helpful and frequently updated blog on starting a - yep, you guessed it - a solo practice. Check it out!

Thanks!

Happy Holidays

2005-12-24T09:39:00.000-08:00

Yes, I'm in the "Happy Holidays" camp. Silly debate, if you ask me.

Anyhow, the holidays are drying up my posts, so I thought I should add something to let people know I'm still alive and kicking (if, of course, anyone is reading this).

I finally joined the WSBA family law section. Pretty neat - it includes a member-only listserve. I figure if I get to the point where I actually know what the posts are talking about, I might be ready to dive into practice. I had that theory before I added my name to the probate, trust & will email list from the ABA - and most of the time I don't have a clue of what they are talking about (of course, the acronyms don't help).

Is there any better time to open a practice? I don't have any mentors yet, but between all of these listserves on running a practice, marketing, and practice-specific areas, I feel like I have hundreds of people I can ask questions of. Not to mention some fantastic blogs (or "blawgs") on running a solo practice! Bless the internet.

Which makes me wonder, what's next? When I started law school in 1991, I bought a Mac Classic with 40 mb harddrive and 4 mb ram, and the "internet," if you could call it that, was text based. So much has happened in the last 15 years - what will the next 10 years look like in technology and the practice of law? Will the internet and whatever is next continue to make the practice of law better or will it make lawyers obsolete (okay - unlikely).

Oops - I'm slipping

2005-12-16T23:16:00.000-08:00

Its been almost a week since my last posting - and I've received such wonderful feedback and comments. Even a reference on my shingle!

Not that its an excuse, but I have a cold, my husband has been gone all week on a business trip, and I've had three doctors visit this week between my two kids. Course, I guess other people manage to live very busy lives and manage to run a solo practice. There is always an excuse - I suppose the trick is not to let the excuses perpetually stop your progress. I need to get back on track!

Perhaps I should try to make some small bit of progress everyday towards my goals. Right now, I'm still slowly cruising through my practice guides. Two hundred pages left on my first volume on Family law, and another volume to go.

So how did all those lawyers who opened a practice right after the bar get started? Did you try to learn the basics of an area of law, and then research the more difficult areas as they came up? What about "pedestrian lawyers" - do you just rely on limited information learned in law school and the bar and research the heck out of an issue when it came up?

Temptations

2005-12-10T20:19:00.000-08:00

I was almost tempted to respond to an advertisement for an associate position with a solo practitioner in my relatively small legal community the other day. [She had posted her ad with no name, just an address. Of course, with the internet it takes a minute to put a name with an address]. The insecure part of me thinks it would be nice to have a "mentor" to learn the ropes from.

But realistically, I wonder how much time a solo practitioner is going to have to "babysit" me, anyway. I'd have to work just as hard to market, yet I'd be benefitting someone else's business, not my own. I'm a smart person, I can figure out the law (as I'm sure anyone can), I just haven't actually worked one on one with a client before.

But why do I need to copy anyone's style? There are so many resources out there for new solos - -sample questionnaires, suggestions on what topics to cover in an interview and what to look out for, sample retention letters, etc. This list goes on and on. Do I really need someone else holding my hand during a client interview? Would anyone actually do this? Not likely. As long as I know what I need to cover and where I want to go, my own style of doing things should be fine - maybe even better.

Plus, I just don't want to work for someone else. I've spent six years working for other people and following their priorities. I just don't have the stomach to do it anymore. Having children has shown me that there are more important things out there than pleasing a boss. I'd rather work my a** off to build my own business. I think I'm just too old to be a dutiful associate for someone else.*

*Relatively speaking - mid-thirties (okay - closer to late thirties - not that old, really - age is a frame of mind. Right? Right? RIGHT!

Game Plan...

2005-12-06T09:28:00.000-08:00

I've never really mentioned my "Game Plan" for starting a practice. As stated in my first post, I'm probably in a great position to do it since I don't really have any financial pressure and I've saved up a decent amount of money from a part-time, temporary position I've held for the past 1 1/2 years. What I lack is real "practical experience."

My plan is to start a "part-time" practice in a virtual office and primarily work from home. I've read posts opining that it is not really possible to practice part-time in a solo practice. But I don't see why this wouldn't work (I wouldn't have another job at the same time). My motivation for being part-time is to be around for my three year old son (my six year old daughter is in school most of the day).

Anyway, before I do this, I'd like to try to be "schooled" in the basics of family law. I have the Washington Practice Family Community Property Law and Forms Books (3 volumes) that I have been reading through, plus a few family law CLEs on tape. I'm also looking forward to a CLE on Family Law Practice offered in January. In addition, I'd like to take on a pro bono family law case through the local legal aid society. Unfortunately, our town is small enough that there is no formal training/mentor programs for legal aid (unlike Seattle). Hopefully, all of this would be enough to prepare me for a paying client. After I get started in family law, I'd like to add estate planning and perhaps bankruptcy as practice areas. Does this sound logical or am I over-preparing?

Another thought: would it be prudent to take on an area such as collections or landlord/tenant law for the potential of a repeat client?

A site you might want to avoid...

2005-12-04T12:49:00.000-08:00

As stated in the last couple of posts and the comments to them - there are lots of inspiring and informative sites out there for an aspiring solo - (or solowannabee). But one I would avoid (unless you WANT to be discouraged) is counselnet solo practice chatboard. Most of the regular posters are complete grumps, whiners, and naysayers with nothing positive to say about solo practice. I'm all for reality - but these people, for the most part, seem to HATE the practice of law. There are a few exceptions - some posters do offer valuable nuggets - which is why I check back now and then. But for the most part, its not worth wasting your time. I know whenever I go to this site, I feel vaguely discouraged. If you DO read it, be sure to follow up with a positive site such as The Practice. It is really a shame, since the site does have the potential to be a good resource for newbies.

I also want to thank Carolyn Elephant and Biglaw Associate for their comments - I never dreamed anyone would actually read this, much less people whose blogs I regularly read. I really appreciate the encouragement!

I've Been Read!!!

2005-12-03T18:43:00.000-08:00

I can't believe it - My blog has been visited by the Queen of the Legal Blog (or Blawg) on its very first post!!! I'm not being facetious - I've been following Carolyn Elefant's My Shingle for at least a year AND read her posts in Solo Sez AND solo marketing email listserves. [I'd recommend all these sources for an aspiring solo - very supportive and informative groups - but if you do subscribe to solosez, get a gmail account to help manage the hundreds of daily posts]. And she's read MY blog. (Funny how the blogging world almost creates its own celebrity!) And she's sent a link to a wonderfully inspiring article about her early years of starting her practice. I've never come across it before and I've done countless "solo practice" searches on Google. The article is like a direct answer to my previous post! One excerpt is particularly inspiring:

"Mistakes are inevitable. Sadly, I know many attorneys reluctant to go out on their own out of sheer terror of making mistakes. Indeed, when I first started my firm, I sought to achieve absolute perfection at every appearance. But soon I realized that no matter how many hours I spent obsessing and preparing, I'd still find myself in a situation where I would confront an unanticipated question to which I could barely stammer out an incoherent response or where I would struggle to reformulate my cross-eamination after repeated objections only to meet a judge's wrath or ridicule as a result.
But so what."

BUT SO WHAT. I love that. The world is not going to come to an end if I make a mistake. I've found if I make a mistake, chances are I will NEVER make that mistake again. And if its my firm - then who do I have to answer to other than myself? And I'm not going to make such a big mistake that it kills someone (thank god I'm not a doctor!)

Thanks so much Carolyn - you've definitely made my evening! I've printed out that article and I'm going to read it every day for inspiration.

BTW - this post sounds a little strange - but I swear I'm not a deranged fan - just inspired and grateful!

You know what I want what I really really want...

2005-12-02T17:10:00.000-08:00

Okay, that's the only words I know of this song. Anyway, I want to open a solo law practice. I have the degree (from a top-rated school), I have the license (in two states), I have basic continuing education classes under my belt, as well as basic law treatises. I even have a little money saved up, know what I want to practice (estate planning, family law and bankruptcy). I don't have to make much money at this for a while, since I have a great husband with a great job that pays the bills. And I DON'T want to work for anyone else. Why work my butt off to get someone else money? In short, I'm very well qualified and am in the perfect position to start. So why am I nervous about this?

True, in my 5 years of experience, I've never represented a client. I've worked for judges and an in-house corporation on discrete legal research and discovery projects. So I do have some un-practical experience. However, there are people opening practices right out of law school and as soon as they get their bar license. And I do have some maturity (read: over 30). Maybe I just think I should be nervous, and that is why I am. ("I think therefore I am). Hmm....

In all the books about opening a law practice that I have read there is plenty of information about day-to-day running of a practice. Oddly enough, that doesn't phase me. People start businesses all of the time-so big deal. My fear comes from a) not knowing what to say when I meet people in my office for the first time; b) looking like a total idiot if I am asked a question I should know but don't; c) see b).

The problem is, that lawyers I talk to about this part of opening a law practice (fear of incompetance or looking like an idiot) look at me like an alien and can't relate to this fear. Perhaps law school weeds out people like me? (who aren't incredibly full of themselves and can't imagine they would ever not know something?).

So, I thought I would spend a little time writing down my adventures in preparing for and opening a solo law practice, perhaps attract some feedback, or at least compile my experiences for a book ("The Chickenshit Guide to Opening a Law Practice for the Person who Doesn't Believe She Walks on Water and Can Do no Wrong" ... or maybe the title needs more work).

More to come (I hope).