Read These 10 Secrets To (Fill in the Blank)

Did that headline get your attention?  Shame on you.  This means you are reading this post to either learn some deep dark secret to growing 'your multi-million dollar solo practice working just one day a month' OR you were going to read it to mock me.  The point is these stupid headlines have the power to draw you in and that is what the newest parade of carnival barkers, snake oil salesmen and the latest hard core hit-and-run product/service people will be throwing at you to extract your hard-earned dollars.

I've finally reached my tipping point. With the economy in a tailspin, layoffs, fear of unemployment, these hyenas can smell the fear in your sweat and they are swooping in to offer you 'the secret'.  And it is starting to really PISS ME OFF!

See, in another life I was educated at Syracuse University's Newhouse School of Public Communications and went on to work at both large and small advertising agencies.  I understand the psychological pull of phrases like 'the secret'.  It is emotional and compelling language and we are drawn to it like a moth to its death by the allure of the flame.  So I'm going to use the word now but in a sentence you may not like:

There are no 'secrets' to success.  And if there were...it would be these:

1. You must learn to be a good lawyer
2. You must have tools which will increase your productivity
3. You must learn to use these tools for maximum efficiency

There are no secrets to creating a thriving and healthy solo practice.  The methods are as old as dirt. Only the tools have changed.

But I will use an analogy near and dear to my heart.  Imagine you want a baby.  It is indisputable, undeniable, physiologically impossible to have a healthy baby without the baby being permitted to grow for the required nine months (preferably in a human woman's womb.)

1. Some people are very fortunate and on the first attempt at conception - Voila! Pregnancy.  Yet there is no shortcut around carrying that baby to term.  They may not have morning sickness and be blessed with a quick and painless labor. But in order to have a healthy baby - nine months.

2. Some will have trouble conceiving, need assistance from fertility doctors, an understanding spouse if one is in the picture, health insurance which will cover the procedure or an equity line of credit. The road will be more difficult and the key to success will be finding the right information, referrals leading to (reputable) assistance.  If and when it happens, the baby still has to be carried those nine months.  Only this mother may have all day sickness for nine months, be on disability and full bed rest and need a c-section and additional recovery time.  But the baby still needs to grow for nine months. The end result, a baby.

3.  Others won't be able to conceive, may have to hire a surrogate, so someone else will do all the heavy lifting. Some how the wanna be mom finds a way to afford it.  But even with a surrogate, it still takes nine months to produce the baby and this road to parenthood comes with a whole different set of issues.

4. And then there is adoption.  Still nine months but someone else is doing all the work for you. At the end of the process (which can be far longer than nine months from start to finish), a baby.

We can take the analogy all over the place but let's not  The circumstances to birth this baby will play out differently for every parent but nothing changes this fact:  in order to bring home a baby it needs to grow for nine months before a parent can see the end result and experience the joy of a child that is theirs.

(And then comes the parenting regardless of how you got the baby.  I'll stop with the analogies now.)

There is no 'secret' to building a successful solo practice.

However, it is #2, #3  and #4 which open the door to both reputable people and products that can help you achieve your goals and the not so reputable who will simply tell you what you want to hear while relieving you of your money and possibly more.  And in this economy, if they work it right, your desperation will have you forking over your dollars to anyone who promises you the world and the 'secret.'  The real 'secret' is the one these people know - it's called 'the pain point.'  If they can identify your 'pain' they will gain because they will create a compelling message which will resonate with you.  And that message is one that usually plays to your fear, your greed or your sloth.

I am on many a so-called 'gurus' e-mail lists incognito to see what happy horseshit is being peddled because my clients will often ask my opinion. My e-mail is full of these wonderful 'formulas' for success asking from $5.00 to $12,000. (The $5.00 one is my favorite because if 1000 people send him $5.00 they're not going to miss $5.00 but he'll be $5,000 richer for a mass spamming of lawyers.) And they are usually e-mailing you from their luxury yachts on a break from their vacation or while jetting off to another exotic location where a group of sycophants are impatiently waiting to hand over thousands of dollars to learn 'the secret.' God forbid you miss your one and only opportunity to learn from the great one himself.

There is no getting around the realities of building a solo practice. You must learn to practice law well. Pick your mentors wisely. Select with care the law practice management products and services appropriate in the 21st century, products and services designed to boost your productivity and help deliver your message. Then make sure you commit to using these tools to their maximum potential.

There are your 'secrets'.  And it didn't cost you a penny.

(And in case you didn't see, check out our recent faculty announcements at Solo Practice University.

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students why not subscribe to the RSS for Solo Practice University.

And you can always follow me on Twitter :-)

Are You Part of the 'Lost Generation?"

I picked up this amazing video from a fellow tweeter and wanted to share on this blog because it sends a powerful message. It is a message I hear often from those who want to go solo as they come up against an oppressive message drilled into them by the generation before.  While it speaks broadly, control over one's destiny remains the theme of this unique piece.  I also think it is important to note who the sponsor is...at the end.

(Oh, and I'm hoping the boys at WAC? will take a peek, too.  They swear they read my blog and have challenged me to convince them their perspective needs shifting...on Gen Y, that is :-)

....she always makes too much sense. So we do not always agree with Susan Cartier Liebel--is that a great multicultural handle or what?--but we always read her anyway at her Build A Solo Practice, LLC. Reason: we check in with her just in case we are wrong-headed, backward or archaic about life and the law generally, which is likely. If we ever decide to evolve, and become sensitive new age gentlemen.....Holden Oliver from this recent post.

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students why not subscribe to the RSS for Solo Practice University™

And you can always follow me on Twitter :-)

Blawg Review # 194 - A Phoenix Rising

A phoenix is a mythical bird with a tail of beautiful gold and red plumage (or purple and blue, by some sources ^[1]). It has a 600-800 year life-cycle, near the end of which it builds itself a nest of cinnamon twigs that it then ignites; both nest and bird burn fiercely and are reduced to ashes, from which a new, young phoenix or phoenix egg arises, reborn anew to live again. The new phoenix is destined to live as long as its old self. In some stories, the new phoenix embalms the ashes of its old self in an egg made of myrrh and deposits it in the Egyptian city of Heliopolis (sun city in Greek). The bird was also said to regenerate when hurt or wounded by a foe, thus being almost immortal and invincible — it is also said that it can heal a person with a tear from its eyes and make them temporarily immune to death; It is a symbol of fire and divinity.^[2]

The Phoenix represents to many the life cycle: birth, growth, death and re-birth because from the ashes life arises anew often strengthened through reinvention. But this happens not just from reinvention of oneself but through innovation. And innovation helps to propel us forward.

The term innovation means a new way of doing something. It may refer to incremental, radical, and revolutionary changes in thinking, products, processes, or organizations. A distinction is typically made between Invention, an idea made manifest, and Innovation, ideas applied successfully. (Mckeown 2008) In many fields, something new must be substantially different to be innovative, not an insignificant change, e.g., in the arts, economics, business and government policy. In economics the change must increase value, customer value, or producer value. The goal of innovation is positive change, to make someone or something better. Innovation leading to increased productivity is the fundamental source of increasing wealth in an economy.

So, let's start with Nicole Black who authors numerous blogs but the blog Practicing Law in the 21st Century tracks technology and its impact on the legal profession and this video post specifically talks about technology changing the legal profession in 2009.

In keeping with this theme of innovation I have culled this weeks best posts for those who talk about innovation (sometimes tongue in cheek).

Here is what legal bloggers had to discuss this week presented in no particular order:

When Sir Tim Berners-Lee invented the World Wide Web in 1989, he certainly did not foresee cyber crimes happening on a daily basis. (Nor did he expect the warped genius of cyber criminals.)

Michael Law of Law Vibe tells us all about the innovative criminal brilliance of Jeremiah Mondello. This is innovation gone awry.

Chuck Newton tells us the most brilliant innovation for lawyers is to get back to basics and speak plain English. 

Mark Bennett at Defending People posts on Advice to New Lawyers  (which really belonged in my Blawg Review #142) on remembering why you wanted to be a criminal lawyer and how to actually be one. There is some outstanding commentary so don't miss.

Vickie Pynchon of Settle It Now discusses innovating by getting back to simple expenses in challenging times by negotiating those expenses you might believe are not negotiable in Five Negotiation Rules to Beat The Recession Blues.

Anne Reed of Deliberations gives us a little innovation (in the form of creativity) to show us how you can get the benefits of a jury consultant for under $5,000.00 to help those without a big budget get big budget results when presenting before a jury.

Jay Shepherd of Gruntled Employees illustrates the lunacy of hourly billing, perhaps the antithesis of legal practice innovation, with his "Coffee Parable."

Peter Vogel notes the conviction of a number of people under Chinese copyright laws as "significant" in protecting innovation abroad.

Jaya Ramji-Nogales suggests a "role for law" if firms can find an innovative way to capture the experiences of women who take a non-traditional career track, citing Caroline Kennedy as an example.

It can be tough to adopt Ken Adams' innovative contract drafting methodology when the other side's counsel is stuck in the past and insists on inserting meaningless, archaic language into your agreements.

Innovative startup companies often travel a distinctly non-innovative legal path by choosing an LLC form initially just because others have.  Ryan Roberts explains why the LLC might be a poor fit for a startup and why skipping it and heading straight for the C Corp form might be the way to go.

Although in some places marriage between one person and another regardless of gender is considered innovative, Solangel Maldonado takes the marriage debate a step (or more) further, asking "what exactly is wrong with polygamy?"

Any sort of innovative, disruptive technology seems to catch large, established companies off-guard.  Erik Heels notes that that's the case with Twitter, where the companies behind the 100 top brands are almost without exception being "Twittersquatted," something which happened to them with domain names just a few years ago.

Enrico Shaefer at The Greatest American Lawyer asks, " is too much innovation in connectivity killing our productivity?

Michael Doyle reports something which we might have suspected already -- that it doesn't pay to be innovative if you're in prison.  He notes that the government has a license to steal when it comes to the intellectual property created by those "enjoying" room and board at its invitation.

Scott Greenfield is critical of the Avvo attorney ratings, which are attempting to innovate in an area long-dominated by Martindale-Hubbell.  He suggests that if Avvo wants to be the innovative leader it claims to be, it needs to do better in reporting adverse information about rated attorneys in an accurate and timely manner. But, then, again...I've always been critical of AVVO.

And what could be more innovative then dehydrating and encapsulating placenta to open up a whole new area of law now known as Placenta Law?  The Mommy Blawger has this to say:

The Mommy Blawger goes where no lawyer (besides herself) has gone
before and tackles the uber-niche of Placenta Law. She also wonders
about the HIPAA implications of confiscation of medical records by law
enforcement. Anyone?

Excerpt:
"On Christmas Eve, federal, state, and local authorities executed a
search warrant on the Miami Maternity Center following a 10-month
joint investigation by the Florida Department of Health, the US Food
and Drug Administration, and Miami Dade Police Department's Medical
Crimes Unit. Birth center staff were allegedly dehydrating and
encapsulating placentas in a process that resulted in placentas from
various birth mothers becoming commingled."

You can read more here.

IntLawGirls asks if it is innovative to now see more girls (children) be soldiers?

Recently, organisations working with former child soldiers have observed the growing number of girls involved in armed conflicts.

While girls' fate as sexual slaves is well documented, their participation in hostilities is less acknowledged. Girls, like boys, spy, loot, and kill. But they also cook, clean, and run camps. International humanitarian law, human rights law and international criminal law clearly proscribe “using [children] to participate actively in hostilities.”

Canadian environmental lawyer Dianne Saxe (this is a great blog and lawyer I just found!) lets us know of a new innovation being discussed, advertising the carbon footprint of all products on their packaging.

Should there be a consistent world wide method to calculate and advertise the carbon footprint of products? And, if so, what should it say?

The International Organization for Standardization will be working hard on these issues at its upcoming meeting in Malaysia. A carbon footprint products standard would facilitate the efforts of both organizations and individuals to use their purchasing power to reduce their own footprint. The UK, for example, is enthusiastically pushing a draft document.

And in the area of innovation (or the new corporate social welfare) Tax Girl asks should we now be bailing out the porn industry?

Flynt and Francis have penned a (no jokes, please, remember that my mom is reading) letter to Congress asking for a $5 billion bailout to save the porn industry. I’m sorry, I meant the adult entertainment industry.

And now the Law schools are finally jumping on the innovation wagon by contemplating degree specializations within the law school program so you graduate not just with a Juris Doctorate but with a Juris Doctorate with a specialty or concentration or a certificate in (you fill in the blank.) You can read more at the ADR Prof Blog here. 

Stephanie West Allen at Idealawg puts an interesting twist on innovation, how you can be failing to innovate because of too many choices or too much competition impacting your brain!

Sometimes innovation comes from simply putting on "Fresh Eyeglasses." In another wonderful post over at What About Clients, Dan Hull talks about his ideal:

Few of us can have Albert Einstein's talent for Western logic, or IQ. But Einstein's advantage over other physicists may have been that he was a "new soul"; he looked at everything as if he were seeing it for the first time.

Work. He approached it from a wellspring of joy. There are others like him in that respect. Those are the kind of people I want as friends to inspire me, and as co-workers to solve clients' problems. I'll take an IQ a lot lower than Einstein's (for associates, though, Coif or Law Review would be nice). Reverence and a child's awe. That's the outlook I prize. Energy, intensity and creativity always seem to come with it.

And if you really want to be ahead of the pack and plan for the next generation, The Invent Blog tells us you should make provisions for your children's futures by purchasing their domain names today.

If you have young kids, you really should consider purchasing their personal domain names for them NOW.  Why?

1.  In case their preferred domain name isn’t available 10 years from now.

2.  To give them a canvas that you can supervise…helping you hammer into their heads that Google never forgets (they need to ALWAYS be concerned about what they post online because future employers, etc. will be able to view it).  

3.  To give you another way to connect with them (as you help them build their first website(s), etc.).

And since this is Blawg Review, there were plenty of interesting posts out there which didn't fall into the category of innovation but should be read:

Not every Obama Brainiac Appointment (Gupta) is Greeted with Enthusiasm at The Volokh Conspiracy:

Concurring Opinions Believes Bush Could Be Impeached AFTER He Leaves Office:  

What About Clients discusses The Groucho Marx Effect and Bernie Madoff Victims:

 “Madoff's most raving fans were investors he at first ignored; if he and his organization had pitched them, and asked them to join "the club", the investors might have ignored him. “

Wage Law awards the  Shyster of the Year Award to the attorney who burned through $2.7 million settlement by investing his clients’ money in the ‘08 stock market:  

And for a little legal tabloid news Andrew Mayoras tells of a celebrity will contest in the Marlon Brando Affair.

PrawfsBlawg discusses the dilemma facing law professors - “How Much Poetry Should a Law Professor Write?” 

Concurring Opinions (again) gives us The Worst Contract Ever (slavers “insurance”)

If Clinton Was Our First “Black” President Could Obama Be Our First “Unisex” President is discussed at Feminist Law Professors (yes, it’s serious)

More Fraud from Nigeria via Queensland at Peter Black’s Freedom to Differ: 

Should Donors to Political Causes (like pro-California Prop 8 which has had deleterious economic effects on supporters) Retain Anonymity? See the Election Law Blog

Larry Lessig of the Copyleft appears on the Colbert Report (how many law professors does THAT happen to?) at EFF Blog , followed by the inevitable REMIXES on You Tube that followed the Lessig Invitation to Remix the interview at IP ADR Blog here.

And if you love Boston then for fun read 3L Brian Selchick's "I Gought in a Fight in a Bah in Bahstan"

Learn more about Blawg Review here as well as consider signing up to be a host.

(And in case you didn't see, check out our recent faculty announcements at Solo Practice University.

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students why not subscribe to the RSS for Solo Practice University.

And you can always follow me on Twitter :-)

Why AVVO Will Hurt Lawyers

Everyone who reads this blog knows I'm no fan of AVVO for many reasons. But just this week Eric Turkewitz, in a very well considered blog post, again notes the AVVO rating system is just flat out a danger to the public it purports to serve because AVVO listed a rating of 'no concern' over a lawyer convicted of a sex offense.  You should definitely read the post.

AVVO rates lawyers such as this lawyer. as 'no concern'.  If we shouldn't be concerned about him who should we be concerned about? As of this writing here is the AVVO rating listing 'no concern' and no misconduct for Michael Rumore.

I had suggested on Twitter that maybe they should have newscheckers to keep ratings relevant and current and if there is a pending action against an attorney the status be changed to 'pending review.'  But that would require too much work.

So why do I say AVVO will hurt lawyers.  Well, if lawyers like this are rated as 'no concern' when clearly they are of concern, how can we trust anything we read about any of the lawyers rated even if the lawyers are stellar? After all, they are relying upon each lawyer to update their profiles in order to keep their score fresh (as you lose rating points if you don't continuously update).  Is it realistic an attorney is going to report their own misconduct or pending suspension or that they are now serving time in jail?

And by extension, if lawyers are putting their professional 'seal of approval' by claiming their profile on AVVO they are endorsing a faulty product.

If I was a lay person and the product was flawed, I would question those who endorse it and question why they are doing so?

Just because something is 'free' doesn't mean there isn't an associated cost even if not immediately apparent.  We are not movie stars where the statement 'any publicity is good publicity' works.

In a recent Twitter exchange between myself and a young lawyer, the young lawyer rightly said, 'I don't care about AVVO and I'm certainly not going to claim my profile.'  Well, AVVO didn't like the 'not nice' things this young lawyer said. Supposedly someone from AVVO (I'm led to believe this person was high up) called this young lawyer and left a voice mail expressing interest this young lawyer 'didn't say something nice about AVVO on Twitter.'  Strikes me a little odd. And you?

If I was a practicing lawyer today, I would not claim my profile with AVVO.  There are many ways to get your reputation out there whether you want it out there or not.  The internet has no loyalty. The internet has no filter.  If you are good the world will know you are good.  If you are not, they'll know that, too.  Don't rely upon mysterious algorithms to calculate your professional worthiness.

(And in case you didn't see, check out our recent faculty announcements at Solo Practice University.

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students why not subscribe to the RSS for Solo Practice University.

And you can always follow me on Twitter :-)

2009 - It's All About Choices, Always Has Been

I've been wanting to write this post for a while.  And the New Year seems an appropriate time to do so.

Everything in life is a choice.  EVERYTHING!  The choices aren't always between two positives or one positive and a negative.  They can be between two negatives but there is always choice in everything we do.

This combined with the fact that where you are situated today, your personal health, your personal finances, your professional life....all are a culmination of the choices you have made over the course of your life.  Yes, some things are thrust upon us whether we ask for them or not but how we react to unasked for situations becomes our choice.  Choices, choices, choices.

2009 is a year most I know are facing with trepidation.  It is fear of the unknown because so many things upon which we rely simply are now unreliable.  The economy, jobs, energy, health care, our country is in major tumult and many are just hoping to hold on for the ride until the earth stops shaking.  Others are simply in denial.  And yet others are feeling anxious and depressed and are sinking.  See, I just laid out three choices.  There is a fourth.  Take an honest assessment of where you are, how you got there (if only not to repeat the mistakes or to repeat and improve upon the wise moves) and then start planning for how you are going to make your ride into the next year healthier, smarter, smoother and in control.

If you are employed, plan for unemployment so you are not caught up short.  If it doesn't happen, great.  If it does you are prepared with a plan B and can move into action.

If you are unhealthy, plan and make choices for health because a healthy mind and body helps with a positive outlook and helps you make better decisions in all aspects of your life.

Keep a 'positive' social network, one that is upbeat and encouraging.  You are not required to bemoan others' fates or to commiserate with those who are choosing to be depressed.  This, too, is a choice.  You are responsible for your own emotional well-being and the company you keep, no one else.

Start to be happy with less material things.  It is very freeing. You don't own things...they own you.  Think about that.  Make sure you are happy with what owns you.  Otherwise, get rid of it. 

2009 will truly be a year of the unknown.  You now have the unprecedented freedom and ability to make changes in your life this year because the world as we know it will be turned upside down.  You decide if it will be a positive experience in your life now and going forward.  Don't pay attention to what others are saying and doing unless it reinforces your choices.  Trust yourself enough to take control.

Just typing out loud....

Happy New You.

(And in case you didn't see, check out our recent faculty announcements at Solo Practice University.

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students why not subscribe to the RSS for Solo Practice University.

And you can always follow me on Twitter :-)

Now Is NOT the Time For Blind Faith - It is A Time For Thoughtful Action

This post is about recession and the solo practitioner. It's long.  It's important. Don't skim. Bookmark and read when you have the time to fully absorb. There is no sugar-coating.  It may annoy you. I'm a realistic optimist.  But I can't be optimistic without the reality.  This IS the reality. If you don't want to be upset, don't read.  But if you want to know what you must do in the current (and future) economic climate to build your solo practice, then it might be wise to suck it up.

For the majority, what is happening to us at this moment is a story that we will tell over and over as we discuss job losses, foreclosures, bankruptcies, inflated food costs, health care and more as we watch the 'economy' happening to our neighbors and friends and maybe even ourselves.  But the only way the story will change for us personally is if we change our approach to what we are doing.  And what most of my readers are doing is creating a business, a solo practice, in extraordinary times.  We can't wait for 'them' to fix it for us.  Our survival is no one else's job.  It is ours.  Very few of us will be able to close shop and 'get a job' simply because we didn't want to put in the effort required to succeed.  Very few of us will have other options.  So, if failure is not an option, then you must succeed.  The question then becomes, 'how?'

When a small (or 'micro' ) business succeeds it is because of the smarts, creativity and sweat equity of the entrepreneur.  A solo practitioner generally qualifies as a micro-business because they are a business of one.  And it is a business that creates a service, one that serves a very specific purpose.  It improves the client's life in a tangible way or helps 'facilitate' the client's business.

The responsible solo practitioner has an affirmative obligation to think strategically and for the long term. They must create business solutions (for themselves) capable of withstanding the next decade or so which will be brutal.  Listening to pie in the sky and 'delusional' statements like 'there is no recession' or 'American's are just whiners' will only help you to meander down a path of inaction and distraction, or worse, take you in a completely wrong direction when it comes to your professional career.

Being positive is critical. But most importantly you must be positive based upon reality. Reality, rather than wishful thinking, should be driving your business plan.  You must be willing to create a business plan based upon today's sketchy conditions and implement it with full faith it will succeed, being prepared to make changes as new challenges present themselves. This is a time when we must reactivate our long dormant survival gene and not rely on a 'hope and a prayer.'

Solo practitioners must focus on the following: (in no particular order)

• Cash Flow: Do you have adequate cash flow for a defined period of time? (how long is personal)
• Which of your current clients will more likely then not be unable to meet their obligations to you and what strategy or office procedures do you have in place to deal with this challenge?
• Are you aggressively building a cash reserve for both your firm and yourself?
• Is your marketing strategy to attract new clients effective in this economy/market?
• Do you have adequate credit to withstand a shortfall in your income?
• What can you do to increase loyalty from existing clients?
• What do you need to understand about the economy and how it might impact your business that you don't understand now?
• What cost cutting can you do today to take home more of each dollar you earn?
• Who should you really be studying and listening to in order to maximize your opportunity and grow your business in this economy? There are way too many talking heads pitching products and services.
• What are you doing to differentiate yourself in this competitive marketplace for legal services?
• What are you doing to strengthen your 'brand' and introducing it to your target clients?
• Is your current marketing/advertising bringing in the desired ROI (Return on Investment) even if it is 'time' on social media sites?
• Are you embracing and learning new technologies and digital media that will allow you to extend and amplify your message specifically where your target audience is?
• What can you do to get more more visible in the maddening crowd?
• What dialogue can you create regarding this economy which will resonate with your clients?
• How can you improve your client's experience making it unforgettable?

Now is the time for solo practitioners to go back to the basics of 'good' business planning and practice which includes great client service.  Be positive after you've taken the time to fully understand what is happening in our economy.  Be positive there is opportunity but understanding there is no shortcut and no handouts.  You have to be creative and hard-working to find and then cultivate those opportunities.  The landscape is changing and so must the solo practitioner's approach to creating and building their business.

What steps have you taken to address the changing economic climate.  Please share.

Related links of interest:

Still Fantasizing About That Big Law Job?  Snap Out of It!

When Times Get Tough, The Tough Solos Start Building Their Practices

Is Now The Perfect Time To Start Your Solo Practice?

(And in case you didn't see, check out our recent faculty announcements at Solo Practice University.

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students subscribe to the RSS for Solo Practice University.

And you can always follow me on Twitter :-)

For the majority, what is happening to us at this moment is a story that we will tell over and over as we discuss job losses, foreclosures, bankruptcies, inflated food costs, health care and more as we watch the 'economy' happening to our neighbors and friends and maybe even ourselves.  But the only way the story will change for us personally is if we change our approach to what we are doing.  And what most of my readers are doing is creating a business, a solo practice, in extraordinary times.  We can't wait for 'them' to fix it for us.  Our survival is no one else's job.  It is ours.  Very few of us will be able to close shop and 'get a job' simply because we didn't want to put in the effort required to succeed.  Very few of us will have other options.  So, if failure is not an option, then you must succeed.  The question then becomes, 'how?'

When a small (or 'micro' ) business succeeds it is because of the smarts, creativity and sweat equity of the entrepreneur.  A solo practitioner generally qualifies as a micro-business because they are a business of one.  And it is a business that creates a service, one that serves a very specific purpose.  It improves the client's life in a tangible way or helps 'facilitate' the client's business.

The responsible solo practitioner has an affirmative obligation to think strategically and for the long term. They must create business solutions (for themselves) capable of withstanding the next decade or so which will be brutal.  Listening to pie in the sky and 'delusional' statements like 'there is no recession' or 'American's are just whiners' will only help you to meander down a path of inaction and distraction, or worse, take you in a completely wrong direction when it comes to your professional career.

Being positive is critical. But most importantly you must be positive based upon reality. Reality, rather than wishful thinking, should be driving your business plan.  You must be willing to create a business plan based upon today's sketchy conditions and implement it with full faith it will succeed, being prepared to make changes as new challenges present themselves. This is a time when we must reactivate our long dormant survival gene and not rely on a 'hope and a prayer.'

Solo practitioners must focus on the following: (in no particular order)

• Cash Flow: Do you have adequate cash flow for a defined period of time? (how long is personal)
• Which of your current clients will more likely then not be unable to meet their obligations to you and what strategy or office procedures do you have in place to deal with this challenge?
• Are you aggressively building a cash reserve for both your firm and yourself?
• Is your marketing strategy to attract new clients effective in this economy/market?
• Do you have adequate credit to withstand a shortfall in your income?
• What can you do to increase loyalty from existing clients?
• What do you need to understand about the economy and how it might impact your business that you don't understand now?
• What cost cutting can you do today to take home more of each dollar you earn?
• Who should you really be studying and listening to in order to maximize your opportunity and grow your business in this economy? There are way too many talking heads pitching products and services.
• What are you doing to differentiate yourself in this competitive marketplace for legal services?
• What are you doing to strengthen your 'brand' and introducing it to your target clients?
• Is your current marketing/advertising bringing in the desired ROI (Return on Investment) even if it is 'time' on social media sites?
• Are you embracing and learning new technologies and digital media that will allow you to extend and amplify your message specifically where your target audience is?
• What can you do to get more more visible in the maddening crowd?
• What dialogue can you create regarding this economy which will resonate with your clients?
• How can you improve your client's experience making it unforgettable?

Now is the time for solo practitioners to go back to the basics of 'good' business planning and practice which includes great client service.  Be positive after you've taken the time to fully understand what is happening in our economy.  Be positive there is opportunity but understanding there is no shortcut and no handouts.  You have to be creative and hard-working to find and then cultivate those opportunities.  The landscape is changing and so must the solo practitioner's approach to creating and building their business.

What steps have you taken to address the changing economic climate.  Please share.

Related links of interest:

Still Fantasizing About That Big Law Job?  Snap Out of It!

When Times Get Tough, The Tough Solos Start Building Their Practices

Is Now The Perfect Time To Start Your Solo Practice?

(And in case you didn't see, check out our recent faculty announcements at Solo Practice University.

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students subscribe to the RSS for Solo Practice University.

And you can always follow me on Twitter :-)

Will Bartering Legal Services For Chickens Come Back In Vogue?

I've gotten to seriously thinking about this.  Will bartering for legal services come back or simply become more prevalent given economic times are going to get more and more challenging?

The first people didn't buy goods from other people with money. They used barter. Barter is the exchange of personal possessions of value for other goods that you want. This kind of exchange started at the beginning of humankind and is still used today. From 9,000-6,000 B.C., livestock was often used as a unit of exchange. Later, as agriculture developed, people used crops for barter. For example, I could ask another farmer to trade a pound of apples for a pound of bananas.

(The History of Money)

Unemployment is expected to increase dramatically. But the number we don't hear about very often is the rate of 'under' employment...meaning six figure hedge fund managers asking if you'd 'like a shake with those fries?" Credit is drying up.  People and small businesses still need legal services but may not have access to traditional currency as payment.  What they do have are possessions or services of value.

When we first opened our law office we bartered our legal services for other services (and declared the value for tax purposes!).  Got carpeting, painting, construction services because we didn't have ready cash as a start up.  But now the tables have turned.  People will need legal services but won't have the cash.

For instance, many bankruptcy lawyers are saying bankruptcy will be good.... for a while.  But there will come a point when the clients who need bankruptcy the most won't be able to afford the fees as their credit is ruined and they won't have access to credit or ready cash and are unemployed or underemployed.  Home equity lines will have been closed by the lenders and borrowing against a 401k won't be possible because of the diminished value.

If you really think about it will lawyers have to consider bartering service for services or goods, again? Doing an accountant's divorce in exchange for a decade of accounting services? Or free daycare from a newly created day care center in exchange for a small business incorporation and periodic legal advice. It's quite possible situations (or opportunities) like these could arise out of necessity.

I'm just writing about it because it wouldn't hurt to investigate the IRS rules and Rules of Professional Conduct on bartering for legal services because there may be (many) moments in the future you will have to consider this as an option.

Just typing out loud.

(And in case you didn't see, check out our first faculty announcement at Solo Practice University.)

If you enjoyed this post, why not subscribe to my RSS! If you would like to be part of a new educational and professional networking community for lawyers and law students why not subscribe to the RSS for Solo Practice University.

I Hope Our Government Can Steer As Well As This Pilot

Let's hope those in charge of our economy can land as well in this crisis as this pilot.

My Unexpected Phone Call with Jay Foonberg

This past Friday I had an unexpected and very wonderful hour long telephone conversation with Jay Foonberg.  If you don't know who Jay Foonberg is (which would be surprising if you are a solo) he has been called the 'Dali Lama' of Solo Practice and the author of the most stolen book out of law libraries 'How To Start and Build A Solo Practice."  among other books and thousands of articles on the subject. My students used his book every semester for the eight years I taught at Quinnipiac University School of Law and for good reason.

But more impressively, to date he has donated the proceeds of this solo practice bible to the ABA and that donation now stands at more than $2 million dollars, 50% directed towards the Young Lawyers Division.

While I won't get into the substance of our conversation I do want to share some of it which moved me to write this post, some things every lawyer should remember on those days when we have trouble remembering why we do what we do:

The law is a noble profession. Jay eloquently discussed the nobility of our profession.  He reminded me of it's incredible power, the power we all possess once we have earned the privilege of calling ourselves a lawyer .  Sometimes we get so caught up in running our practices, our lives, feel weighted down by student loans and obligations we forget why we became lawyers.  We focus in on the payday versus the gratification of how we are one client at a time impacting the lives of others and the future course of one of the greatest legal systems on earth. Without laws people take matters into their own hands.  Anarchy and chaos ensue.

In the face of trying to run a successful solo practice this takes heart, perseverance and love of what you are doing to get you through the inevitable tough times when doubt can overtake you. If one is strictly in this profession to earn a lot of money you will be one of the fifty percent who leave the profession or worse, stay in it and be miserable.  Let's face it. Today, there are certainly easier ways to make more money.

The law is a profession, not a business. Jay, again, talked about why he will defend that being a lawyer is a profession and not a business.   Anyone can call themselves a professional.  A professional football player, an accountant.  But the word is misused.  These are occupations.  However, their rank and status in our society is based upon the prestige we bestow upon them such as blue collar versus white collar occupations.  Policeman versus hedge fund manager.  And this status we bestow usually turns on income, perks and/or freedom. This, however, should not be confused with 'professional.'

He believes with certainty there are only three professions:  Doctor, Lawyer and Clergy.  What distinguishes them from other occupations?  The oath.  We take an oath (which is protected by law) and swear to put the interests of the client, patient or parishioner before our own.  I personally believe as we get entrenched in our lives and feel the strain of trying to make a living, we forget the power we possess and the privileges we hold. 

Many call law a business (myself included) but we are not really clear when we say 'law is a business'.  I think most of us are unwittingly misspeaking.  So, I will at least clarify what I mean.

Being a lawyer, servicing the needs of clients is a profession. I agree with Jay on this.  However, in today's society in order to succeed in being able to provide your clients these professional services, you have to:

• know how to reach those whom you can serve best,
• utilize the technologies to do this effectively,
• efficiently follow the professional rules relating to handling of money,
• know how to collect on bills,
• learn the principles of good management of your resources and your support staff. 

These skills are necessary to run a practice and we are learning they are skills best borrowed from the general business world.  I do not believe when practicing law the terms 'professional' and 'business' are mutually exclusive but they are misinterpreted. And it is cause for fiery debate. I do believe, though, this is where the two worlds collide and the lines get blurred. 

What some object to, and I think this is Jay's point, is when the professional purpose of what we do is overshadowed by 'the business machine.'  Where legal services are viewed as interchangeable with selling twinkies in the business machine we have created.  When the law is commoditized and profit becomes the goal rather than the reward. I agree.

The law is a profession.  In order to run our practices we need different resources to support our efforts to render legal services efficiently and effectively.  The principles, techniques and technologies to accomplish this are best borrowed from the business world.

And on a different note: Jay started our conversation by saying, "I'm a 73 year old man...."  When a person starts their conversation or a sentence with this opening, perk your ears up and take notes because you are going to get the gift of one person's hard earned wisdom which you will not find in books.

Our society worships youth.  And in my opinion, we have it all backwards.  It is those who have come before us, witnessed much, experienced more whom we should cherish and revere and learn from.  Very few will actually reinvent the wheel. I've witnessed listserv conversations where younger lawyers still very wet behind the ears on law and life take swipes at those who have paid their dues and given much without ever being asked. When you do that, you lose in ways you are too ignorant to understand.

I view our conversation as a gift.  Thank you, Jay.

How Solo Practitioners Can Awaken Their SuperHero

It took this post by Christopher S. Penn to make me realize that with the technology we have at our disposal today to educate our prospects, we can all be superheros.  With technology today can't we literally 'fly' around the globe, see through walls, hear conversations across the planet and deliver help?

Think about all of the power technology gives you. Google Maps lets you walk around at ground level or from 30,000 feet over a huge chunk of the inhabited planet. Google itself gives you incredible reach, access to more knowledge in the palm of your hand or in your lap than any human being has ever had. A simple cell phone lets you talk to someone in real time on the other side of the planet.

We forget we have these “powers” because we take them for granted. We grow up with them, and once the novelty of a new device, technology, or service wears off, we forget to explore what we can actually DO with them.

Take a step back. Look at the technology that surrounds you as traits of a comic book superhero. If a superhero had the powers you did, what stories would be written about them? What crimes would they solve, what lives would they save with your powers?

What if podcasting, instead of being a discussion about MP3 vs. M4A, RSS vs. Web, audio vs. video, was a discussion about how to get the best teachers in the world to every student who wanted to learn? What if social networks, instead of debating the merits and features of X platform, was a community trained in early awareness and intervention for things like teenage suicide? What parent wouldn’t encourage their kids to be a part of a social network if they knew that others were ready to lend a helping hand in troubled times?

Ironically, we are somewhat egocentric in that we look to see how technology is helping ease our own lives personally and professionally.  Have you ever considered how you can improve the lives of others through the use of your legal skills combined with the technology currently available?

Since marketing today is about education you are able to kill two birds with one stone.  How are you using technology today to help educate your potential clients?  How are you becoming their superhero...their only choice for a lawyer?  How are you using technology to improve the human condition?  As Chris says, "with great power comes great responsibility." It's pretty heady stuff.