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.

A guest post by Andrew Flusche

Similar to being a rural lawyer, practicing law in a small town has unique challenges and considerations. It’s certainly not the same as the big city! Here are a few things I’ve learned since starting my practice in the booming small-opolis of Fredericksburg, Virginia.

Today’s lawyers are tomorrow’s judges

In Virginia, the legislature appoints our judges. Of course those appointments come from the ranks of the active bar. It makes perfect sense, but when I was a baby lawyer I never really thought about it.

Here’s why I mention it: be nice to everyone! If you’re rude to a colleague that doesn’t seem to affect your practice at all today, they very well could be a judge next year.

In the five years since I’ve been practicing, I’ve seen a handful of judicial changes, and I practice in an extremely limited number of courts. Just this simple fact should give you pause before you do anything that might not reflect positively on you.

It’s a small world out there

When practicing in a small town, you run into people from your legal world outside the courtroom. I run into clerks, judges, clients, colleagues, and officers all the time when I’m out and about.

Needless to say, we should always be nice to everyone. But we’re human, so that’s easier said than done.

However, as a small town lawyer, it’s even more important to always be kind. Heck, I run into clients who I can’t even remember, but they recognize me. If I treat someone poorly, they just might be a past client. Or they might have been a client tomorrow.

Be unique to stand out

It’s tempting to model your practice on the other attorneys in town. After all, it’s working for them. Why not follow suit?

Here in Fredericksburg, most folks do family law, criminal defense, and personal injury. Some people just do two of those, but being more of a generalist is standard practice around town.

To give myself a marketing advantage, I came up with a unique angle: traffic and misdemeanor defense. I’m the only attorney in Fredericksburg (and perhaps the state of Virginia) who solely defends traffic tickets and misdemeanor charges. Many colleagues are still surprised that my practice works, but I think the main reason it’s worked out is that I’m different. In a crowded field, the purple cow gets attention.

Andrew Flusche lives in Fredericksburg, Virginia and helps people from all over the country with their reckless driving Virginia tickets. He also wrote the consumer book, Fight Your Virginia Reckless Driving Ticket. Find Andrew on Google+.

flavor of the weekIt seems that, thanks to HB 1096 South Dakota’s attempt at rural lawyer recruitment is riding high in the press and the blogosphere. Seems that everyone from the New York Times to the ABA Journal are reporting on it. Even Above the Law is throwing their two cents in.

The various responses seem to be a mixed bag, which is to be expected; after all at first glance $12,000 yearly stipend for a 5 year term in a rural county (and in South Dakota, rural is rural) seems like a poor trade. But, this really isn’t designed to recruit just any lawyer, it is designed to encourage South Dakota grown young lawyers to head out to those under-served counties. While $12,000 does not seem like a terribly large incentive, at the end of 5 years, that $60,000 could make a serious dent in one’s student loans.

Nor is does this seem to be an attempt to reformulate legal education along the lines of medical school. It does seem to be taking an idea from a program that works (seems its harder to get doctors to practice in rural communities then it is to get lawyers out there) in order to address at least one concern (how do I pay my loans) new lawyers have about heading out on their own.

Becoming A Rural Lawyer - A Personal Guide to Establishing a Small Town Practice by Bruce CameronWell, it’s official – Becoming a Rural Lawyer is here. Like RuralLawyer the blog, RuralLawyer the book is designed to help you decide if you’re meant to practice in the 128,000 small towns dotting the US landscape. Becoming a Rural Lawyer looks at the myths of practicing in small towns, discusses emerging areas of rural practice, talks about the rhythms and (unwritten) rules of small town life, and  includes advice, tips, and words of wisdom from rural lawyers from across the US.

Becoming a Rural Lawyer is available through Amazon.com (where I welcome your impressions of the book).

If you listen to the tech-savvy pundits, the age of the transactional lawyer will soon be coming to an end as cloud-based artificial intelligence software will soon be producing all the legal forms a person could ever want at prices so low, no lawyer could ever compete. The thing is, this is not what a law practice, especially a rural law practice, is about.

A rural law practice is not about the “product” – those forms, those missives of legalese we lawyers produce on behalf of our clients – if it were, law firm size would be measured in terms of the number of paralegals rather than the number of attorneys. I have no doubt that software can produce a form that is correct in all particulars, that clever engineers can gin-up an interface that will ask all the necessary questions to have the form comply with statutory requirements, and that this cheap, elegant, correct form will be totally unsuited to a client’s specific situation.

Practicing rural law is not about asking the necessary questions, it is about asking the right questions and understanding not only what the client wishes to accomplish, but why as well and only then moving on to the how. The oft-told stories among family law lawyers about spouses asking and getting the family home in the divorce settlement who turn around a sell the property within the year simply because they could not afford the property on a single person’s income are classic examples of understanding the what-a-client-wants part of the equation while ignoring the why; understanding the why allows the lawyer to function as councilor not just as advocate and opens up the possibility of other options that may provide a better outcome and a better service to the client. Technology will always get the “what” part, but it is unlikely to ever get the “why” part and therein lies its weakness.

A rural law practice (or most solo or small firm practices for that matter) is about service – service to clients, service to community. Technology, even the most sophisticated artificial intelligence software, can’t provide service – it simply cannot make that intuitive leap that uses both “what” and “why” to get to “how”. The lawyer who forgets that his true value lies in service not in product will not last long in rural practice. If you provide quality service and market your practice on the value you provide you need not be concerned about being replaced by CheapLegalForms.com any time soon.

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