Wild Turkeys

I awoke this morning with devout thanksgiving for my friends, the old and the new.– Ralph Waldo Emerson

Living around farmers reminds one that life is an ephemeral thing, something that waxes and wanes with nature’s rhythms (today’s pig is tomorrow’s bacon) but, for the vast majority of us these small reminders are merely items of interest and not something that we focus on (the chicken that provided the eggs for your breakfast was interested in it, the pig that provided the bacon was really focused on it). Yet, when a friend’s holiday letter mentions they’ve been diagnosed with a stage 4 glioblastoma a few weeks prior, I find myself becoming a bit more focused, so this Thanksgiving, I find myself a bit more thankful for my health, my friends, and my family. I also find myself reviewing my office’s “in case of …” kit.

My “in case of …” kit is basically my backup system for me. Basically, it’s a set of documents that provide a quick guide to my filing system, mission critical software, and basic procedures so that my backup attorney has some rudimentary grasp of how to either run my practice in the short term or close it down if necessary. Ideally, I would review my kit on a regular basis (hey, I back up my computer daily, I should at least back up myself every few months), but the reality is that it takes life handing me a good swift kick before I get the impetus to block out the time. This year, it looks like I have something to do on Black Friday other than being mauled at the mall.

Happy Thanksgiving and Slàinte mhòr agus a h-uile beannachd duibh (’cause gaelic makes a nice change from latin).

How many a man has dated a new era in his life from the reading of a book.Henry David Thoreau

Yesterday, Carolyn Elefant announced that the second edition of her book Solo by Choice (actually it is a two volume set – there is also a companion volume entitled, appropriately, Solo by Choice, The Companion Guide). In a nutshell, Solo by Choice 2011-2012 brings the original work into the age of Social Media, Cloud Computing and the realities of being a post-2008 economic collapse solo attorney and adds to Carolyn’s remarkably lucid and thoughtful prose the voices of other solo attorneys – basically, Carolyn explains the theory, the greek chorus provides a bit of in-the-trenches reality.

For anyone thinking about starting a solo practice, there are two must read books – Jay Foonberg’s How to Start & Build a Law Practice and Carolyn’s Solo by Choice. In my opinion, Carolyn’s book has always been the more accessible of the two and has been much more relevant to this rural solo – I’ve found that her take on things finds more resonance with my rural clients (perhaps its just that she’s just better at explaining things in ways I understand).

This new edition maintains those qualities – Carolyn’s text is still a joy to read; yet I am of two minds about the material provided by those other solos. I like having other voices, other explanations of the whys, wherefores and what-works and think its great to have those been-there-done-that experiences as object lessons. Unfortunately I find that the change in the “voice” of the work slows the flow of my reading.

Now, this new edition is not all roses and Skittles. There are a few places where a little tighter editing would have caught the odd typo – this is more apparent in the companion volume where the answers to the 34 questions read as if they were taken verbatim from an interview. While this doesn’t really affect the books’ readability, its does make them seem slightly less polished. But this is a minor nit – my biggest concern is that my copy of the new edition will become as dog-eared, tattered, and abused as my copy of the original.

So Owl wrote…and this is what he wrote: HIPY PAPY BTHUTHDTH THUTHDA BTHUTHDY. Pooh looked on admiringly. “I’m just saying ‘A Happy Birthday,’” said Owl carelessly. – A. A. Milne

October has swept all most all of her color from the trees and Rural Lawyer now turns 3; which in technological terms is early middle age (at least by Moore’s law standards). One would think that this momentous occasion would be marked by public fanfare and wild acclaim, but alas the world has continued with nary a pause, blithely unaware.

On to other things – 

Macleans.ca reports that British Columbia has opened a new law school (the first in 30 years) with the mission of addressing British Columbia’s rural lawyer shortage. The article reports that British Columbia Chief Justice Lance Finch has suggested that the bar will need to double admissions to meet the demand for lawyers. The article notes that the lawyer shortage does not extend to metropolitan Canada.

It was one of those perfect English autumnal days which occur more frequently in memory than in life. -- P. D. James

Once again, the rural clock has cycled back to the season of hurry-up when shortened days and the chill of night (those sure harbingers of winter) tell us that it is time to finish up the harvest chores while it is still possible to work outside without wearing insulated garments. So, farmstead maintenance has taken priority over the weekly posting  and temporarily damped the blogging muse – it appears that scrubbing a season’s worth of dust, oil, and grease from heavy equipment does not lend itself to the same contemplative frame of mind that driving said equipment slow over a field does. Given that inspiration and originality appear to be temporarily on hiatus, here are a few items from across the web that caught my eye:

  • Debra Bruce gives a small plug for considering small town practice on the Solo Practice University‘s blog in her post “Deciding Where to Locate Your Law Practice, Part 2.” Have to admit that Debra sums up paradox of small towns pretty well – collegial and welcoming once they know you, closed and standoffish when they don’t. The trick is to be collegial and welcoming first – make that first effort to get to know the town, ’cause if you wait for the town it’s gonna take a while.
  • BYU honors Elder Steven E. Snow for his 30 year career as a small town lawyer. His law firm may have merged with an up scale metropolitan firm in 2003, if you’ve ever been paid in quits, produce or trampolines you’re a rural lawyer. Congratulations Elder Snow.
  • The South Dakota Bar appears to be pleasantly surprised about the power of social media, especially when it comes to their Project Rural Practice initiative. South Dakota Bar Association President Pat Goetzinger comments on the  relevance of social media in his October message “Social Media – Is it great? OR Does it grate?.”
Remember: National Pro Bono Week is October 23-29 – “The public service we render is the rent we pay for a place on this earth” — Steven Snow

This is not a post about always asking for a retainer up front or why you should take credit cards (both boffo ideas in their own right). This is not about managing accounts receivable, setting rates, or getting reticent clients to make good on their debts. This is not about how you should handle the occasional request to barter for your services (if the suggestion involves livestock, it is always better to ask that for it to be delivered wrapped and frozen and not walking and mooing).

I have a colleague who describes his research as falling into two categories: the stuff he does for DARPA (which pays the bills) and the stuff he does to make his mother proud. Which, in a way, is a good summation as to why I do the odd bit of pro bono work.

Aspirational goals aside, there is little upside for the rural lawyer to do pro bono – there is no great PR bump (there is an expectation in rural communities that neighbors look out for each other & the definition of neighbor is quite expansive) and there is certainly little return on the investment outside of that smile, those tears, that look of relief that comes when the client realizes that there is someone there to help shoulder the load. It’s not a payment you can take to the bank, but it has its own inestimable worth.

Remember: National Pro Bono Week is October 23-29 –  go make mom proud.

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