Aspiring Solo (the bar exam and eventual-solo-practice blog)

This blog is dedicated to those transitioning past law school, through the bar exam, and on to the practice of law.

Monday, January 11, 2010

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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