So We're a Bunch of Entrepreneurs...Really, It's Ok....

Another Attorney Leaves the Law To Drive a Cupcake Truck

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Fees, Oh Fees, Where Art Thou?

So I got a phone call from a potential client today who wanted to know what I would charge for X, Y and Z, presuming that is indeed the work that her case would entail. I have no idea what her case would entail until I ask all the relevant questions and get all the relevant details. But this client is on the phone and she is waiting for a quote.

So I ask her to hold while I open my fee chart. Some lawyers may scoff at the idea of asking a client to wait while you pull out your fee chart, as though not having all of your fees memorized is something to scoff at. I think the opposite is true in the eyes of a potential client. The attorney appears more credible because he or she is not inventing a price out of his or her head. There is an actual list and it applies to everyone. This is what my firm charges for X and Y and Z. No games. We could debate this ad nauseum. Back to the story.

I quote my fee to the potential client and she thinks it is way too high. She asks if I could lower it, and remembering the sage advice that solo practitioners have imparted everywhere I looked (and read and listened to, etc), I said sorry, no, those are my fees. She informed me that she would call other lawyers to see what their fees were in comparison. I offered to send her some information in the mail for her to review, namely an intake form and cover letter, in case she chooses to retain me.

After we hang up, I panic. Were my fees, in fact, too high? As attorneys, we are not allowed to discuss legal fees because that could violate anti-trust laws. There is some discussion among attorneys here and there about such matters, but no pooling of such information is allowed, for fear of price-fixing allegations. I checked the websites of the few immigration attorneys who post their fees, but the nature of the work that the potential client requested from me prevented me from being able to decipher what those attorneys would charge in the same case. I called two immigration practitioners to get their take. One assured me that no, my fees were not too high and her fees were in fact higher. Another immigration lawyer told me my quote was too high and that as a new practitioner I should have charged less.

So I am left in the same position that I was in when I hung up the phone this afternoon. I pondered -- in this economy, maybe I should quote my fees but always allow for wiggle room, read the client's comfort level, and make an offer downward but with a floor below which I will not accept. Then when I am more experienced (which I hope also coincides with the economy improving) I can charge my full rate with no room for negotiation. Or maybe I was right today, and I should stand by my fees and only accept clients who can pay those fees. After all, I am willing to offer a payment plan.

So I caved, slightly. I sent the potential client an intake sheet and cover letter in which I explained that her answers to some of the questions in the intake sheet may change the quote of legal fees that I had given to her over the phone. This may not affect her choice of which attorney to hire or make her believe that my fees will suddenly appear in the range that she can afford, but I provided some wiggle room.

Two more caveats. First, I have found that when a new client retains me, the work involved in their case is always more than what I originally estimated (for a number of reasons). Second, we must value our work! It is no small matter to seek out and pay for attorney work-product. We are selling a professional service and our ability to spot important legal issues is extremely valuable. We are not negotiating the blue-light special at Kmart.

So that was my story about fees for the day. Happy soloing, until next time.

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Law Graduates Seek Jobs Traditionally Sought By Law Students

As the poor economy drags on, law graduates (and not just law students) are jumping on board the federal clerkship train. Read more here.

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Solo Life: Month Two

I made a list of business goals for 2010, and they largely consist of marketing goals. My colleagues warned me before I went solo that it all came down to "getting clients" -- everything else you can pretty much figure out. This is true, unless you are independently wealthy. It is also important to keep in mind that a retained client does not mean money in your solo pocket, at least not right away. You must pay yourself from the client escrow account as work is completed and the fee is earned. Check you local rules on this. In some cases, your fee may not be earned for weeks or even months. This is something to keep in mind when you write a retainer agreement for a client.

So in "getting clients" one cannot ignore the imperative to market one's practice. There are myriads of marketing suggestions out there, including everything from having a web presence and blog, to handing out flyers and business cards, to yellow page ads. The utility of each of these has been debated on solo practitioner listserves and forums. Personally, I retained two clients from flyers that I handed out in my building announcing my law firm.

Some lawyers who give advice on law firm marketing suggest that marketing to other lawyers is a way to generate business. If you establish your credibility with other attorneys, you may become the go-to person for referrals for your practice area (particularly if you have a unique practice area). I think this is a slower way to gain referrals than direct client advertising. It is more like planting your roots for eventual long-term gain. I advise solos do this if they have the time. It should not be at the top of your marketing list.

You want to be where clients can find you. You should find out where clients would look to find you. The first reaction to this may be "the yellow pages" but numerous lawyers have reported that this method yields a meager return. Each lawyer has a different take on this, but my advice for solos is to sharpen your knowledge as much as possible and find websites that allow potential clients to ask legal questions and attorney to volunteer answers. Do this as often as possible. Also as a side note, include your picture with your online listings. People do want to see an image of you, despite how politically incorrect that may be, and they will surely make a judgment of you on that basis. They will access your age and professional appearance. They may lean toward someone who they identify with. Not to state the obvious, but a photo of yourself that makes you look 35 or older is preferable to one where you appear to be in your 20s. It is a fact of life that many people pair age with wisdom and credibility. Subtle things can give you that look, such as your hair style or outfit. I leave such matters to each of you.

Another lesson learned this month involves ethics. Make sure to read your state's rules of professional conduct (RPC), including the comments. Please take this seriously. You may wish to highlight as you go along. I created a summary of the RPC and it is stapled and on my desk. Remember, you do not have a boss to ask if this or that is ok. I advise reading the RPC (or your summary of it) weekly to see if anything jumps out at you as pertaining to one of your current client files. Eventually, you will have absorbed the RPC well enough so that your issue-spotting for potential ethical issues becomes second nature. Why am I mentioning this? In my two months of practice, I have come across several issues that were directly related to a specific RPC. These rules represent real scenerios with clients and I was surprised how often they come up. I would not have known this prior to going solo and actually representing a client from beginning to end, including drafting the retainer agreement. The RPC, though they seem general at times, do not simply consist of "do the right thing" guidelines or unlikely scenerios for your tiny practice.

Well that's all for now and best of luck to you on your solo adventures as we begin a new decade....2010!

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Aspiring Solo Twitters!

Make sure to visit the Aspiring Solo on Twitter!

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Lawyering is All A-Twitter!

145 Lawyers and Legal Professionals to Follow on Twitter

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Solo Life: Month One

It is inevitable that new solo practitioners must learn from trial and error. This is because you never truly know how something works (or fails to work) until you do it. And one process may work for one attorney but not for another, because one attorney has resources the other doesn't, for example.

At first, I had rigid policies that I am finding have to become flexible. When you are just starting out, you may accept clients because you have no clients. A similar matter you will not accept later on, now that you know what kind of work is involved. Another issue I am encountering is entering into retainer agreements too quickly. While I have the client in my office, I want them to retain me, elsewise they might change their mind after they leave. My retainer agreements include the scope of my representation. As a new practitioner, I often need time to think about the best strategy to meet my client's immigration needs, which means I need anywhere from several hours to several days before I can present the client with his or her legal options. By this time, of course, they are long out of my office. The solution? I charge a consultation fee and tell them that I need time to review their documents and figure out the best plan of action for them, also that I will call them within X time frame. Yes I still run the risk of losing that client, but I got paid for analyzing their file.

Practice management never ends. A good calendaring system is essential. Immigration law is a practice area that is heavily deadline-driven. I have several tickler systems in place, but a central practice management tool would be best. And if a client chooses not to retain me, I urge them to seek other legal counsel right away, or I offer them information about low-cost legal services, since missing a deadline in an immigration matter could seriously effect someone's life.

This leads me to my next point. You should be up and running from day one, meaning, you should have a good practice management software system in place as well as an accounting system. It is hard to retroactively import case files and client information into new software. You will have to allot time to sit and do this, and you might be surprised how quickly your practice gets off the ground. I now have several retained clients and am meeting with another client later today. I am sitting in my office on Saturday as I write this.

A final point about the structure of my days. I spend the majority of my time, by far, researching immigration law. I purchased on credit a number of practitioner resources (books), some extremely helpful. I also actively participate in several list serves where immigration practitioners bounce legal problems off one another. I deal with other practice management issues (paying bills, managing finances, marketing) here and there as well. I would say 75% of my time is taken up with legal research (both general and client specific) and 25% devoted to practice management. I have found that now that my practice is up and running (and is now one-month old!) I am much less interested in the aspects of my law practice that do not involve actual lawyering.

I want my practice to be client-centered. Clients want someone to listen to them. To that end, I structure my fees in such a way so as not to bother clients by nickel and diming them. They retain me for one flat rate that encompasses my representation (as outlined in the retainer agreement), photocopies, faxes, emails, phone calls and postage. I think that they prefer this. So in going solo, not only do I enjoy being my own boss, I enjoy getting to know my clients. And I need to get to know them to get a picture of their lives and present their story as their lawyer. So, I am enjoying solo life and learning how to manage a solo practice everyday. My first month ends with gratitude and joy. Perfect for the upcoming holidays......

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