The Rural Track

On The Fastrack 1/26/12

From "On the Fastrack" by Bill Holbrook (c) 2012 King Features Syndicate, Inc. World rights reserve, http://www.onthefastrack.com

While the rural lawyer is expected to be something of a generalist, there is some wiggle-room in that definition – folks don’t expect a lawyer to do everything. On the other hand, the rural lawyer who refuses to work outside a particular speciality is in for some lean times. The trick is to find that balancing point between doing the stuff that interests you and doing enough of the stuff that small town clients need so that bills get paid, you get fed and your conscience lets you sleep at night.

I arrived at that balancing point by doing transactional work and ADR – there is something about the degree of conflict in litigated matters that just does not sit well with my belief system. Frankly, when I made the decision not to litigate, I was a bit concerned that I wouldn’t get clients – after all rural clients are a fairly conservative and traditional bunch and ADR might come across as a wee bit too much like tie-dye and love beads to them – but rural clients “get” ADR; though many were surprised to find out that it could be applied to areas other than union contract negotiations (many thanks TV news).

The thing I noticed most was that it became a lot easier to market my practice when what I did aligned with who I was. It was not just that the ol’ elevator speech sounded a bit more natural, the experience from first phone call to last meeting flowed better. Sure there are some clients that choose to go with the “full lawyer experience” and that’s OK – what’s right for me is not right for them. I do notice that the ones that do go with an ADR solution tend be surprised by the results – I often hear the phrase “our friends told us that their _____ was horrible, this isn’t all that stressful, are we doing something wrong?” It’s always nice to have to confirm that disputes can be settled with a minimum of conflict and that if they are getting the results they want, then they are doing everything right (personal validation, vindication and a paycheck all rolled into one).

My thanks go out to Bill Holbrook, the creator of “On The Fastrack“, for allowing me to use an image from his January 26th, 2012 strip and for reminding me that I’ve got that job.

Happy Law

One of the symptoms of an approaching nervous breakdown is the belief that one’s work is terribly important. — Bertrand Russell

If there were in the world today any large number of people who desired their own happiness more than they desired the unhappiness of others, we could have paradise in a few years. — Bertrand Russell

The other day I was participating in a webinar (that godsend to rural lawyers everywhere) and was struck by a comment made by a member of the live audience. He prefaced his question to the speaker by mentioning that he was in the process of transitioning his practice from family law litigation to, as he put it, the “happy law” of estate planning. While I found both the question and response that followed to be unremarkable, the phrase “happy law” stuck with me.

For those unfamiliar with family law litigation, it is an emotion-laden, stress-filled morass characterized by petty bickering, pointless arguments, and infighting and political maneuvering worthy of the US Congress – and that’s just what it’s like for the lawyers. So, it is easy to see why a lawyer would describe a transition to an area of law where there are courteous and willing clients as happy law – the hours are regular, the clients want to reach the same goals, there are no more 4 AM complaint calls; in general the work/life balance thing gets better (the work-life balance also gets better if one transitions to a rural practice, but that’s a whole ‘nother post). Continue reading

Help Wanted

‘Twas a week when the muse had walked out the door when to my wondering Google search should appear not a human interest story on Fred Cozad (my apologies Mr. Moore). It seems that Mr. Cozad  of Martin, South Dakota is, at age 85, beginning to contemplate retirement – an event worthy of mention in a local paper perhaps, but not something one would be reading about in the Republic of Columbus, Indiana (a fair piece from South Dakota) or hearing about on Minnesota Public Radio. What is of note is that Mr. Cozad is the last lawyer standing in Martin and when he closes shop, the 1000 or so people living there are looking at a 150 mile commute for legal representation.

The recurring theme for this blog is that the rural lawyer is a vanishing species – a bad thing if you happen to live in a small town and need a lawyer, a good thing if you’re an attorney looking for a job. Now, being the only attorney for the next 150 miles can be a good thing – selling your services is going to be a wee bit easier. Continue reading

Myopia

There are certain presumptions that spring to mind when one hears the phrase “small town lawyer”; the stereotype seems to be a lawyer  (himself a strange amalgamation of Matlock, Atticus Finch, Lincoln, and Oliver Wendell Holmes) who has set up shop in some bucolic backwoods town and divides his time between tending to client matters and whittling. The trouble is that an exact definition of the breed is hard to come by; well the “lawyer” part is fairly simple, it’s that “small town” part that gives one fits. Even the US Census Bureau has problems with defining what a small town is, preferring to use classifications like “micropolitean” (a rural area that contains at least one urban area with a population of at least 10,000) or “place” (a territory, population, or housing unit not classified as urban or designated as an extended city). It’s always nice to know that one’s place in the world is defined more by what one is not that what one is.

Even my definition of the small town lawyer – the lawyer practicing beyond suburbia’s sprawl – is fairly generic, and when you consider Michael Sylvester’s argument, perhaps a bit short sighted. Mr. Sylvester practices in Shenzhen, China a bustling metropolis of 10+ million (not exactly the first place that springs to mind when one thinks “small town”) providing services to the Shenzhen expatriate community – a small (500,000?) city within the larger community. Now out here on the prairie, when a half-million people congregate in one spot we tend to consider that either a metropolis or a really fine turnout for the church potluck (everybody bring a dish to pass), but in a country of 1.3 billion, in a town of 10 million, 500,000 must seem like a tiny drop in a very large bucket.Water Drop

Monday’s Gleanings

A few bits gathered from across the web:

  • The Career Services Office (CSO) at the University of British Columbia Faculty of Law provides this information interview lawyer Mike Akerly. Mr. Akerly started his career as a small town lawyer.
  • It appears that I’ve missed the performance dates, but it is still good to see that the most famous fictional small town lawyer in America is once again receiving rave reviews in Sag Harbor, NY, in the Bay Street Theater‘s performance of To Kill a Mockingbird.
  • For those of you interested in another small town lawyer’s perspective, J. Burton Hunter III is offering just that in his blog “A Small Town Lawyer’s Perspective“. Mr. Hunter is a bit more direct with his prose than I, but is still a good read (if you want to peruse another opinionated rural lawyer’s blog).