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 Library of Congress, Prints & Photographs Division, FSA-OWI Collection, fsa 8a42222

Library of Congress, Prints & Photographs Division, FSA-OWI Collection, fsa 8a42222

The second of May saw 13 inches of heavy wet snow descend on my little part of the prairie – a noteworthy event even by Minnesota bachelor  farmer standards (a group that is notoriously parsimonious with praise). Like all good storms worth of the title “the great ______ of [insert reference year]”  (e.g.: the great wind of ’36, the great frost of ’09, etc.) this one left a bit of havoc in its wake. One particularly inconvenient bit of havoc left me without power for 14 hours.

For those of you who might brush this aside as a minor inconvenience, here is what no electricity means for my neighbors and me. No power means no water (we’re all on private water, aka wells, out here), no heat (takes electricity to power blowers, pumps and thermostats), no internet (those DSL routers don’t run on peanuts) and no computers (well at least nothing that’s not battery-powered). And, given that I had already changed the oil in my truck and tractors from the light weight winter oil to the heavier weights diesel engines prefer during the summer months, no power means that my snow removal equipment is not going to start (under 32 degrees, these summer time lubricants take on the same fluidity as wet concrete and need a bit of coddling and a bit of electrically generated heat before they are willing to flow) leaving me sitting on the waiting list for the local snowplow – at a quarter-mile long, my driveway is not one that lends itself to being shoveled by hand.

So, here’s the question – is your practice – that digital masterpiece of paperless perfection – robust enough to go 1 working day without power? Having just completed a review the hard way, the best I can say is that mine can, but things could be better. (more…)

After a longish winter (snow on the 26th of April is a bit over the top), the annual rights of spring are finally upon is – the fishing opener is but a weekend away and the wild turkey season is in full swing. For those not familiar with these activities, both are exercises in which the participants spend far more than is strictly sane to obtain a food stuff that could be had at a reputable grocer for a tenth the price. For those of us who spend our time participating, these rights are about more than simply nurturing our inner hunter-gatherer, they mark the transition when snow-shoveling (sure there is skiing & snowmobiles, but it all has to do with that frigid white stuff) gives way to far more varied ways of being outdoors.

Turkey hunting is something of a solo activity – after all, if you are armed, dressed like a bush, and making sounds like turkey, the last thing you want is another armed, turkey sounding bush anywhere in the vicinity – while fishing tends to be more a small firm activity – 2 or 3 gathered together to wash worms, sit in contemplative silence or to debate the great problems of the world as mood suits. When fall comes around, the big law model hits the woods and fields as groups head out to spend time in the deer camps of the great north woods.

785286_48781848But places to hunt are fading away as more landowners close acreage to hunters – set aside acres are being put back into production, woodlots and non-tillable lands are being put into private preserves, and some are simply closed thanks to, I’m sorry to say, the poor husbandry of the hunters themselves. As more and more land is closed or put to more profitable use than simple outdoor recreation there will be people interested in preserving their ability to pursue their form of communing with the great outdoors.

I’m not sure that a recreational land practice would ever be a full-time profit center, but then again it might with the right mix of estate planning, real estate, contracts, and entity formation;  after all, hunters are not the only ones wanting to preserve the space needed for their outdoor activities – there are equestrians and mountain bikers looking for places to ride, snowmobilers looking for places to run trails, and cabins on the lake to preserve for the next generation. The potential client pool encompasses anyone with a hobby that takes place outdoors and requires a bit more space than your average backyard.

Marketing this type of practice is may be a little tricky – most likely it will be mainly be by word of mouth and will involve a delicate balancing act so as narrow the niche too far; the recreational land practitioner would need to recognize that the various elements of their client pool may have divergent requirements (equestrians aren’t going to want to share trails with dirt bikes, and those looking to spend a quiet snowy evening alone in their cabin tend get a mite peeved when a herd of snowmobiles shatters the mood) and that the best marketing would project this understanding to the client pool.

The only other caveat I can think of at this juncture, is that this would not be the type of practice that confines itself to a small geographic area. At the very least, this is the type of practice that would span counties if not an entire state – the recreational land practitioner should expect a bit of travel time in their future.

I should note that I’m not the only one thinking about the niche practices offered by the outdoorsy folk – sdrurallawyer offers this prospective as to why a lawyer should be included in a hunting party.

Sham Harga had run a successful eatery for many years by always smiling, never extending credit, and realizing that most of his customers wanted meals properly balanced between the four food groups: sugar, starch, grease, and burnt crunchy bitsTerry Pratchett, Men at Arms

In the spirit of Sham Harga, one runs a successful law practice by always smiling, never extending credit and having your tech properly balanced between the four tech groups: security, redundancy, utility, and cost. These are dynamic forces often in opposition with each other. If I want my systems to be perfectly secure, I must sacrifice utility (for others not to access my tech, I must also limit how I may access my tech) and invest in cost (firewalls, DMZ’s, encrypted communication, and 24/7 monitoring come with large price tags). Should I wish perfect utility – unlimited access, 24/7/365 availability – I must sacrifice security and invest in redundancy and cost. But there is a point where all four forces lie in balance – costs comfortably within our budget, security contained comfortably between extreme paranoia and laxness, and systems that are sufficiently redundant so that they can attend to the tasks required of them now and for the reasonably foreseeable future with only minor, rectifiable hiccups.

While there are undoubtedly precise mechanisms that will spit out one’s ROI when investing $X in amount Y of security or amount Z of redundancy, this point of balance is more than a simple evaluation of a couple of the forces in isolation. This is more a matter of personal intuition for what we are evaluating is a fluid system and the balance we achieve today may not be the right balance tomorrow. It is a bit like yoga – today I find my balance in child’s pose and even though I might find it in mountain or tree tomorrow, right now a simple solution addresses my needs and that is all that matters for the moment; let tomorrow bring a new balance with it when tomorrow comes.

Yet being in tech balance is more than simply being able to find the right balance between the four tech groups – there is finding balance while engulfed in the ever-present white noise of our interconnected tech; of finding those small moments of quiet midst the cacophony of social networks, list-serves, RSS feeds, blogs, and e-mail if for no other reason than to find some time to actually do some paying work. I find that when the din becomes too much and the well-considered advice of the efficiency experts no longer lifts me above the noise I take a retreat from my tech for a few days – deliberately disconnecting from the cacophony of interconnectedness – choosing instead to regress to more primal state of tech. One in which afternoon naps are more likely to be interrupted by the dulcet tones of a landline than the strident chirp of a cellphone and where word processing is a product of ink on paper rather than electrons on phosphor.

Admittedly, putting one’s tech on hiatus is not easy (a small town’s lack of reliable connectivity goes a long way in helping me ignore tech’s siren song) but I find that doing so reminds me to have a more deliberate, purposeful relationship with my tech; that my tech is there to facilitate my mission, not dictate it. Seems everything needs to be rebooted ever now and then.

The great thing about a computer notebook is that no matter how much you stuff into it, it doesn’t get bigger or heavier.Bill Gates

Woman working on laptop by lakeOut here in the little law office on the prairie, horsepower and hydraulics rule, so the term mobile is very, very broad; this is farm country where 1200 pound hay bales are stacked in the barn like Lego™blocks, and 2000 pound cows are lifted to table height to save the farrier’s back. Folks out here are much more impressed by the technology that makes large things mobile than they are in lightweight mobile technology – after all, it is far more awe-inspiring to watch a 4 man crew lift a house and move it 60 feet to the right than it is to watch one guy pick up a laptop and walk down the street.

Now, don’t get me wrong – I dearly love those dainty bits of battery sucking silicon that keep me tethered to the outside world. The fact is, I was mobile when being mobile was all about lead/acid batteries and 9 inch black and white screens. It was an era when laptops the size of a suitcase weighing in at 16 pounds were considered sexy enough to rate a swimsuit models for their magazine cover shots. It seems that, back in the day, courting a hernia was a sure path to the halls of übergeekdom and god-like sex appeal.While there were obvious strength-training benefits to those early luggable computers, today’s flyweight devices do wonders for encouraging the road warrior’s cardio-fitness as they allow facile movement between car and coffeehouse, coffeehouse and gym without the need to ever cut that etheric umbilicus cord that links us to our data.

For the rural lawyer, mobile technology’s promise of 24/7 access is but a siren’s song; luring us ever forward in the hopes of finding true connectivity only to dash all hopes upon the rocks of rural realities. For all that rural life offers – bucolic vistas, the tranquil peace of a meandering brook, the intoxicating smell of newly mown hay – the reality is that all this rural beauty comes at a price. The one thing those vistas, brooks, and hay fields have in common is that they are usually found at some distance from areas of high population density and all the wonderful infrastructure that blesses modern suburbia. So, as one travels those scenic country roads that wind their way through woods and over hills on your way to meet a client, you will find your path to be strewn with potholes both in the road and in the ether and its even odds that your destination will lie in one of those areas that cellular cover maps label terra incognita and warn travelers that hic sunt dracones. (more…)

In reality, serendipity accounts for one percent of the blessings we receive in life, work and love. The other 99 percent is due to our efforts. — Peter McWilliams

In his March 14th, 2011 article in Forbes, Glenn Liopis talks about the concept of earning serendipity – that by actively seeking out unexpected good fortune it becomes easier to reach out and seize that life changing opportunity. Mr. Liopis points out that in a country of boundless possibilities, we have become myopic; unable to see the opportunities available simply because we are unwilling to pull our focus away from our narrow definition of a successful career path.

While Mr. Liopis writes in general terms about this shift in mindset, I was reminded of the opportunities that lie out there in the dark of the night sky - those opportunities that await the lawyers willing to broaden their field of view and look towards small towns and small firms for that great career opportunity.

Now, I will be the first to admit that rural living and a rural practice are not for everyone – this is not a “go rural young lawyer” call to action. But, perhaps, as you lift your eyes from the metropolitan law firm partner track and gaze out toward those small quiet places that interrupt the space between real cities you will discover that there are other opportunities, unexpected opportunities waiting.

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