Dear Joseph

Dear Joseph,

I hope you don’t mind the informality, Mr. Flanders seems a bit stiff for this blog (it’s more Carharts & Red Wings than Brook’s Brothers & Edmund Allens around here). First, thanks for the comment to Beyond Our Field of View; I am always flattered to know that someone other than spammers peruse my miscellaneous ramblings on rural law and rural lawyering. Now, to address some of your questions.

I don’t have a good definition of what or, more precisely, who a rural lawyer is. The prototypical rural lawyer lives and practices in a small town, yet some live in small towns but have offices in larger cities, and some live in larger cities and practice in small towns. By the way, “large” and “small” are relative terms depending on the area of the country you live in (what’s “large” out here on the prairie would look pretty “small” were it plopped down by Los Angeles – my guess is that there are more people in one block of downtown LA than there are in the small town I live in). If you are serving small town clients, you are a rural lawyer in my book.

There is nothing wrong with having both city clients and country clients. Donald Landon in Law Careers and Community Context: A Comparison of Rural and Urban Experience noted that to meet the entrepreneurial imperative of building a practice while still making a living, it was not unusual for rural lawyers to arrange their practice so that they drew clients from small towns as well as metropolitan areas – this is what practicing at suburbia’s edge is all about. No matter what, if you are starting a law practice, you are starting a business and you have to think first in terms of being an entrepreneur – unless you are blessed with a remarkably large personal fortune and practicing law just happens to be your way to do that “charity thing”, the point of this exercise is to make money, so take on city clients, country clients, or clients from other worlds (just be sure to get that retainer up front). Continue reading

Beyond Our Field of View

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.

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.

I’ll live

The art of medicine consists in amusing the patient while nature cures the disease.Voltaire

I’ve spent the week clumping around in the medical equivalent of a ski-boot – no big deal, a few torn ligaments in my ankle that will repair themselves given time and immobilization (hence my new footwear). With the exception of making it difficult to operate the clutch pedal in my case, this is no big deal, as injuries go it’s a long way from anything of real importance (I’ll live).

The beauty of it is that this week has been one of those rare moments where there are no pressing client demands and no scheduled court dates so there was no need for me to head into town and clump around the office when I could be just as productive clumping around at home. So an e-mail to my receptionist service asking them to route my calls to my home number and I was in business smugly content in the flexibility of a solo practice. This blissful glow lasted slightly longer than the novelty of my newly acquired footwear – working (actually being able to get something productive accomplished) from home is, as I soon discovered, not for the faint of heart. Continue reading