Marjory Collins, photographer, Library of Congress Prints and Photographs Division,LC-USW3-013050-E
With the new year comes a new blog for me – Little Law Office on the Prairie (LLOotP for short). My plan is that LLOotP will be a place to discuss the business of running a rural law firm – everything from the marketing and business challenges rural solo’s and small firms face to the technology that makes our jobs easier. Don’t worry, RuralLawyer will still go on, but RL is going to focus more on the why than how – more mens rae than actus reus if you will.
Now, there’s not much going on over at LLOotP at the moment, but you are welcome to cruise on over and see if I fixed all the 404 errors. And if that doesn’t set the bar low enough, LLOotP will have roughly the same posting regularity as RuralLawyer – generally monthly, some times bi-weekly, occasionally weekly but always when I think about it.
Happy New Year.
Well, 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).
Once in the dark of night, Inflamed with love and wanting, I arose (O coming of delight!) And went, as no one knows, When all my house lay long in deep repose — Saint John of the Cross
One of the more nerve-racking things about public speaking is the wait between the speaking engagement and the receipt of the program evaluation sheets. It’s a giddily self-deluding period where, based on the positive feedback from the 3 people who talked to you in the 5 minutes between speakers, you are sure that all went well and that you are on the road to becoming the next great orator of our times. Then the evaluation sheets arrived and you realize that it will be some time before you are a threat to Winston Churchill, Martin Luther King or Emmeline Pankhurst. But, as often is the case, it is the comments and not the numerical evaluations that strike a chord , and it is one of these comments that I would like to take a moment to respond to. The writer states:
Rural [law] equals less rich (not necessarily ‘poor’). At age 28, I was desperate for a job, so I moved to a small town to work with an experienced attorney who is nearing retirement. Now, almost 7 years later, I want to leave and will if I can. Modest income clients don’t (or won’t) pay attorney fees even though we charge much less per hour than attorneys in urban areas. Fact is, attorneys in rural areas make far less than in urban areas, often have bad clients, and can get better & more interesting jobs elsewhere.
As our young writer has travelled halfway down life’s path, let me play Virgil to his Dante, and let our journey begin not in our Dante’s dark wood or in the proponent’s idealized celestial sphere, but rather at the foot of the craggy mountain of boots-on-the-ground reality. Young Dante, I’ve yet to run across a lawyer (big city or small town) who has not had at least one the-grass-is-greener moment at some time or other in their career. Lawyering is a tough slog for anyone who gives half a damn about doing the best possible job they can for each client, and it sure doesn’t help that, for the average lawyer, it sure ain’t the high-paying, jet-setting, celebrity career the law school brochures described. Even I must admit to having the occasional lustful thought about packing it all in and heading off to look for a quiet associate’s position with a regular salary. However, if this is not merely a passing fancy but is one of those dark nights of the soul, then it is far better to move on to those greener pastures than to unhappily till the same dismal furrow. But before you go, talk to someone (a mentor, a friend, your local branch of Lawyers Concerned for Lawyers); perhaps there are other options out there and it may be easier to fix what you have than to start something new.
The comment continues:
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.
Success is the ability to go from one failure to another with no loss of enthusiasm – Sir Winston Churchill
There are fifteen steps that, if followed precisely and in the correct order, will guarantee your small town law practice will be a successful, profitable enterprise. Unfortunately, the last person who knew what these steps is also the only person on record to have found a way to successfully transmute lead into gold. So, rural entrepreneur, you will have to be satisfied with these few suggestions to ease your way between failures.
Get paid up front
I cannot claim credit for this – this is, after all, Foonberg Rule #1. Discussing fees and collecting a retainer is the first of many difficult conversations you will have with clients, but it is something that must be done and is necessary if your practice is to thrive. It is far easier to get paid up front than it is to try to collect when all is said and done. If you aren’t collecting fees, you are doing pro-bono work and that is simply an expensive way to fail slowly. Develop a reputation for providing quality service at a reasonable price and most rural clients are not going to quibble about the price; but they also aren’t going to volunteer to pay it either – you’ve got to ask.
Give it everything you’ve got
This is more than just a reminder about working hard, in a small town there is little distinction between the profession and the professional – what you do is part and parcel of who you – so accept that you are going to be a lawyer 24/7/365 regardless of what your office hours are. Until you are established as a community fixture, you and your business are going to be evaluated, weighted and measured. You are going to be always building your reputation, so give this endeavor everything you’ve got and use every skill you have. After you are established as a community fixture – you’ll still be a lawyer 24/7, you and your practice will still be evaluated, weighted and measured, and you still have to maintain your reputation, but at least now folks will have funny stories about the day you… to tease you with – this is a good sign, it means you’ve been accepted. Continue reading