Last month, I participated in a "Lawyers in Transition," CLE program designed to help struggling attorneys get back on their feet. The program was organized by the Law Practice Management Division of the Philadelphia Bar Association and co-sponsored and hosted by Pennsylvania Bar Institute. The program covered “What to Do When You Are ‘Suddenly Solo,’ “Legal Insurance, Medical Insurance, Equipment Purchases, Whom to Notify and How,” “Looking for a Job” and “Marketing Yourself.”
In fact, the PBI offered the program at a substantially discounted rate and for free to anyone who could not otherwise afford to attend. A vast majority of the attendees took the PBI up on its generous offer. A video-replay of the program will be offered again July 1. Go to www.PBI.org for details.
Mary Platt, Montgomery McCracken Walker & Rhoads, serves as co-chairwoman of the law practice management division of the Philadelphia Bar Association. She co-organized moderated the program.
What to Do When You Are ‘Suddenly Solo’
Daniel J. Siegel, president, Law Offices of Daniel J. Siegel, also serves as co-chairman of the law practice management division of the Philadelphia Bar Association. As an organizer and topic expert, Siegel had this to say:
· Going solo requires professional and business skills.
·Going solo, even temporarily, requires patience.
· Don’t be afraid to reinvent yourself.
· When you reinvent yourself, think about what areas of practice will make you happy.
· When you reinvent yourself, think about what types of practices are consistent with the lifestyle you want (hours, finances, family, etc.).
· During a transition, and in the early days, times may be difficult.
· Never compromise your values or ethics for the sake of getting a client or a fee.
· Be willing to take risks, but try to make educated decisions, not just impulsive actions.
· You need the support of your friends and family.
· Buy the best technology you can afford, it will pay you back many times over in the long run.
· Use case management and other software.
· Do what will make you happy, the money will come.
Barbara S. Rosenberg addressed the Pennsylvania Rules of Professional Conduct as they relate to starting a business or changing firms. She said:
· Read the rules - they will help you remember why you are a lawyer and will serve as your guiding principles, as well as keep you out of trouble.
Don't hesitate to ask for help and to take advantage of learning opportunities (E.g., listservs, bar committees, professional organizations, ethics hotlines, etc.)
Legal Insurance, Medical Insurance, Equipment Purchases, Whom to Notify and How
Gina Sage, senior account executive of USI Affinity in Philadelphia, said that every attorney looking to start a legal practice must maintain malpractice insurance. The key points that she made about insurance were:
If you are leaving a firm, ask the firm to provide you with the retroactive date that you have on that policy, the carrier's name and expiration date. I you can get that information, obtaining the Declarations Page is not necessary. If you are interested in purchasing insurance, give yourself 30-45 days to work through the process.
Ellen Freedman, law practice management coordinator of the Pennsylvania Bar Association addressed the logistics of starting your own business. When asked of the points that she believed were most important, Freedman shared the following:
· Having a solo practice is both a BUSINESS and a PROFESSION. While lawyers want to concentrate on the professional side, if they choose to ignore the business side, they will ultimately have no practice at all. It’s not an option to nurture only one side.
· In the absence of good data, one cannot make good business decisions. Lawyers must set up procedures up front to capture data that will eventually become vitally important. Examples of the types of data to collect: How the client came to the firm (provides valuable data on advertising ROI, referral sources, etc); The Effective Hourly Rate for each matter (provides data on which clients and types of matters are most profitable, and which are least); and the number of hours/amount of revenue attributable to each area of law (provides data for insurance application and other considerations).
· Office sharing and leasing space within another firm carry with it special requirements and concerns to address confidentiality, vicarious liability and so forth, whereas home office/virtual office have a different set of concerns regarding confidentiality, data security, equipment, meeting with clients and so forth.
Freedman can be reached through the PBA Practice Management “Hot Line” at 800-932-0311 x2228.
Marketing Yourself and Your Law Firm
After the break, I had the opportunity to kick things off with marketing and public relations for lawyers. From an ethics perspective, I told the attendees to get familiar with Rules 3.6 (Trial Publicity), all of the rules in Section 7 including 7.1 through 7.7 (Information about Legal Services) and 8.6 (Choice of Law).
I explained that there are opportunities every day for attorneys to share their messages without feeling like their “selling” their services. Admittedly, most lawyers don’t like to “sell.” Think about how you introduce yourself for the first time, what your voicemail message says and how to better put your e-mail signature to work for you. If you’ve been laid off, create a personal business card, get a professional-looking e-mail account (not the generic AOLs, Yahoos and Hotmails of the world), and put your best foot forward every time you’re in a social setting. These are all forms of communication that get overlooked.
From an online networking perspective, I touched upon pros and cons of LinkedIn, Facebook, Plaxo and Twitter. For more detailed social media for lawyers tips, I encourage you to read my previous blogs posts on The Legal Intelligencer Blog.
Looking for a Job
The next portion of the program focused on looking for a job including using placement services, interviewing techniques, dealing with stress and the ethical concerns.
Susan G. Manch of Shannon & Manch, Washington, D.C., said that although times are tough and the economics of the legal marketplace are uncertain, she’s been placing people in new jobs throughout the country and internationally. She explained that it’s all about taking a strategic approach to finding the next job. This approach includes:
Setting goals: Examples of solid career goals are: to get significant trial experience and be in a position to qualify for a high level prosecutorial position at the state or federal level or to have access to a consistent deal flow that will allow you to develop a partner-level expertise in mergers and acquisitions.
Doing your homework: Learn about the corporate culture; check out the legal press publications to compare revenues, profits, and leverage figure; read firms' websites to learn about their practice areas, client focus, and strategic vision; and so on. She said, “Once you have this research in hand, this in-depth homework should provide you with a clear picture of the firms or companies you should target.”
Preparing personally: The bottom line is that it pays to prepare as if this is all the time you will have to make a winning impression. Following through. Once you’ve received a job offer, the best way to make a decision is to assess the probability of being successful and satisfied in that particular job and organization
Elizabeth Lloyd, executive recruiter and litigation consultant with Ajilon Professional Staffing in Philadelphia, addressed the benefits of working with a legal recruiter and how to decide which legal recruiting firm to work with. “The reasons,” she said, “recruiters are an exceptional resource for job seekers are that recruiters serve as your guide to the legal market and its current conditions. They have access to jobs not advertised or posted on the Internet. They maintain relationships with hiring managers and key personnel. They have the ability to get your foot in the door. They will assist in your resume preparation and interview skills. They multiply exponentially your chances of getting a job. And they must be proactive because it is the recruiter’s job to find you a job.”
Elizabeth concluded by telling the audience how to achieve success in today’s market. She said this is done by maintaining a commitment to success, by abandoning assumptions, by persevering, by remaining flexible and by staying prepared everyday.
Kenneth J. Hagreen, executive director of Lawyers Concerned for Lawyers of Pennsylvania, was the last to present. He delivered points about stress and addiction that moved me, personally, and I’m sure many others in the room. His no-nonsense, friendly, and personable story reassured many that Lawyers Concerned for Lawyers is a wonderful resource in our community. Hagreen stressed the following points:
Increase your “stress stamina” by getting plenty of rest, eating correctly and exercising.
· Work smart as well as hard – set goals, plan and prioritize and stay focused.
· Cultivate an “attitude of gratitude” and have faith in yourself and the future.
· When you are the most down, find someone who can use a hand and help him or her.
· If stress, worry, or anxiety begin to overwhelm you, call the LCL Lawyers’ Confidential Helpline at 1-888-999-1941.
Valuable Resources for the ‘Suddenly Solo’ Attorney
In addition to all of the information that was provided by the panelist, PBI compiled additional resource information to share with attendees which is repeated here:
Philadelphia Bar Association (www.PhilaBar.org)
Lawyers in Transition Web site http://phillylawyersintransition.org/
Ethics Hotlines: Paul Kazaras (215) 238-6328 or pkazaras@philabar.org
Law Practice Management Division Vendor Referral Program
http://www.philadelphiabar.org/page/LawPracticeManagementDivision?appNum=4&wosid=Ay5puJdWsLxciVmdeeNlDg
Pennsylvania Bar Association (www.PaBar.org)
Law Practice Management (Ellen Freedman), (800) 932-0311, Ext. 2228
Ethics Hotline, Victoria White (800) 932-0311, Ext. 2214, Victoria.White@pabar.org
American Bar Association (www.ABANet.org)
General Practice, Solo & Small Firm Division http://www.abanet.org/genpractice/
Book: How to Start and Build a Law Practice (Fifth Edition), By Jay G. Foonberg
How to Start and Run a Law Firm http://www.abanet.org/genpractice/resources/startafirm.html
Gina F. Rubel, Esq.
Furia Rubel Communications, Inc.
http://www.furiarubel.com/
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