Small Town Life


Where, oh where, are you tonight?
Why did you leave me here all alone?
I searched the world over, and I thought I’d found true love,
You met another, and PFFT! You was gone!Marian B. Yarneall

The rural lawyer may not be your true love, but it does seem that they are going PFFT! The good news, according to this article in the Argus Leader and this one in the Rapid City Journal, is that at least one state bar association is taking notice of the problem and starting to do something about it. The South Dakota Bar is creating Project Rural Practice to address that state’s decline in rural lawyers and, in conjunction with community leaders, to find incentives that will attract lawyers to the small towns of rural South Dakota. Many, many kudos to the South Dakota Bar.

Now, I’m one of those people who think that packing up and heading to rural South Dakota to practice law would be an interesting adventure (but then I’m also of the opinion that good neighbors are live a quarter-mile away, it is feasible to raise a calf (for a brief period) in your kitchen, and that starting a solo practice in a recession is a boffo career move), thus my idea of an incentive may be a bit biased and more readily negotiated than those of a normal person.

What would incite you, dear reader, to pack it up and head to the wind-swept prairie? Some things to consider after the break.

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This post marks the first century of my odd ramblings about practicing as a solo out in rural America and I thought I’d mark the occasion by reviewing some of the topics I’ve covered. Rather than doing it through my eye’s, I thought I’d let the words of a keen observer of humanity do it for me, a man who once observed that “Adults are just obsolete children” and whose nonsense has helped to wake up our brain cells and enabled us to laugh at life’s realities – Dr. Seuss.

To keep things straight, the good doctor’s words are in italics. (more…)

Success is the ability to go from one failure to another with no loss of enthusiasmSir Winston Churchill

There are fifteen steps that, if followed precisely and in the correct order, will guarantee your small town law practice will be a successful, profitable enterprise. Unfortunately, the last person who knew what these steps is also the only person on record to have found a way to successfully transmute lead into gold. So, rural entrepreneur, you will have to be satisfied with these few suggestions to ease your way between failures.

Get paid up front

I cannot claim credit for this – this is, after all, Foonberg Rule #1. Discussing fees and collecting a retainer is the first of many difficult conversations you will have with clients, but it is something that must be done and is necessary if your practice is to thrive. It is far easier to get paid up front than it is to try to collect when all is said and done. If you aren’t collecting fees, you are doing pro-bono work and that is simply an expensive way to fail slowly. Develop a reputation for providing quality service at a reasonable price and most rural clients are not going to quibble about the price; but they also aren’t going to volunteer to pay it either – you’ve got to ask.

Give it everything you’ve got

This is more than just a reminder about working hard, in a small town there is little distinction between the profession and the professional – what you do is part and parcel of who you – so accept that you are going to be a lawyer 24/7/365 regardless of what your office hours are. Until you are established as a community fixture, you and your business are going to be evaluated, weighted and measured. You are going to be always building your reputation, so give this endeavor everything you’ve got and use every skill you have. After you are established as a community fixture – you’ll still be a lawyer 24/7, you and your practice will still be evaluated, weighted and measured, and you still have to maintain your reputation, but at least now folks will have funny stories about the day you… to tease you with – this is a good sign, it means you’ve been accepted. (more…)

George Bernard Shaw said that his “main reason for adopting literature as a profession was that, as the author is never seen by his clients, he need not dress respectably” – I’ve been test driving a Virtual Law Office in the hopes that, like Mr. Shaw, I could, on occasion, dress a bit less respectably (or at the very least wander about the office barefoot) and  TotalAttorneys  has been good enough to allow me to abuse their product, picking nits, and ask odd questions since mid-June. I’ve come away very impressed.

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We must not be hampered by yesterday’s myths in concentrating on today’s needsHarold Geneen

There are a number of reasons not to embark on a rural law career – the daily Starbucks run is going to take a good hour (and then there is the wait in the store), your typical small town is not, generally, one of those places of rarefied refinement and culture attractive to the movers and shakers of the business world, so it’s not ideal for a lucrative mergers and acquisitions practice. However, there are a few common misconceptions that should be put to rest.

1. There is not enough work out there

It may not be raining soup, but there is work out there. The rural bar is small (only 20% of practicing lawyers practice in towns with populations of 50,000 or less), aging, and getting smaller as rural lawyers retire. Yet the need for legal services remains constant, so the result is that access to legal services is reduced and small town folks end up having to either travel to find legal representation or do with out. The secret is: people in small towns prefer to spend money locally – create a favorable environment (affordable services, a reputation for competence) and the work will come.

2. I can’t afford to work at a lower rate (more…)

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