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Question of the Week

If Possible, Would You Strike Out on Your Own?

Posted Nov 12, 2008 11:38 AM CST
By Molly McDonough

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Just about every day we're seeing more news about law firm or legal department layoffs. As firms reconsider their business structure and models, we're curious if individual lawyers are also taking this time to reassess.

ABA Journal reporter Rachel Zahorsky is hearing from some BigLaw escapees that going solo was the answer for them.

This made us wonder...

If you could, would you become your own boss? Or are you more comfortable with the structure and support of a firm?

Answer in the comments section below.

Read last week's question and answers about Obama's first priority in office.

Our favorite answer from last week:

Posted by Dennis Juncer: "The list of what he should do is a lot longer that the one thing he shouldn’t do. He should not bring Chicago politics to Washington. (Punish your enemies and reward your friends.)

He should not listen to the leftist extremists who want to label everything Bush did as bad, and ignore the far right extremists who are going to criticize every thing he does because he did it.

He made uniting us a centerpiece of his campaign. He needs to live up to that."

Comments

1.

Anne Marie Bowler
Nov 12, 2008 1:56 PM CST

If you can ask yourself, why not?, then you have the qualities to strike out on your own.  My law partner and I did and are now a thriving small litigationfirm in nyc.  www.gabaybowler.com

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2.

Susan Cartier Liebel
Nov 12, 2008 8:44 PM CST

There are hundreds of thousands of solos.  You should really be asking them. 

http://solopracticeuniversity.com

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3.

Alexis Martin Neely
Nov 12, 2008 10:33 PM CST

Leaving the big law firm was one of the scariest things I did.  I was the breadwinner in my family with a 3 year old at home and another on the way.  Moving through the fear was the best decision I ever made.  Since I went out on my own, my life has become everything I hoped it would be when I went to law school.  http://www.lawbusinesssecrets.com

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4.

Ellen Barshevsky
Nov 13, 2008 6:06 AM CST

I would NOT be abel to strike it out on my OWN, because I need other peeple to help me. 

I am capeble to make copies, and do LEGAL reserch, but I do NOT think I can ALSO schedule tele-conferences, make PDF copies and send them to peeple, or use the FEDEX box.

My boyfriend says that he could ALWAYS work with me if my dad wants to set us up in BUSINESS, but he is NOT an attorney like me.  So I am wooried that it would be some kind of ethical issue—Professor Ribsteine once said something about this, but I forgot—it was ALMOST 5 years ago.

If I could get a GREAT secratary who could do all of these things for me, MABYE I WOULD consider it, but right now, I dont know.

Also, I have to think of my DAD.  Do I REALLY want to have him spend HIS money on MY LEGAL practice?  Once I get MARRIED, I do NOT think I will want to work full time.

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5.

Dee G
Nov 14, 2008 5:33 AM CST

I left BigLaw four years ago to go out on my own, and it was the best decision I ever made.  But you have to be smart about costs.  Don’t sign up for pricey leases, understand the malpractice insurance requirements, make sure your bar standings are up to date.  Understand clearly who your client base is, and will be, and how you can add value without the big firm name.  Working with contract attorneys can be invaluable to get extra help without the responsibility of feeding a full time associate.

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6.

Andrew
Nov 14, 2008 5:52 AM CST

At 33, I started my second career when I graduated from law school.  I basically hung a shingle instead of accepting the big firm clerkship in law school.  The problems you are seeing today are why I would rather trust myself to suceed, than put life and future in the partnership track.

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7.

Victoria
Nov 14, 2008 6:40 AM CST

After practicing in California for 4 years, I moved to the east coast to a city where I didn’t know a soul and hung out my shingle.  That was 25 years ago. Before you even consider going solo, ask yourself some really important questions.  Are you a risk taker?  What if you lose?  What is so important in your life that you would not be able to let it go? Where do you get your sense of self worth? How are you at managing yourself? Don’t open your own firm if you can’t answer those questions honestly.  Struggling for a few years, or many years, when you are young is a lot different than trying it when you have a commitment to a life style and, perhaps, a family or other obligations. Having your own firm is not going to take away your stress, it’s just going to change what you are stressed about.

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8.

Jason Lorenzon
Nov 14, 2008 6:42 AM CST

As Andrew, at 36 I started my second career when I too graduated from law school.  I had the support of my law school clinical professor, even after I was offered 4 firm positions.  I have gone it on my own, and I have the flexibility to take on the cases I want, develop my firm the way I want and best of all, I get to spend the time I need with my family.

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9.

Rick Rutledge
Nov 14, 2008 7:06 AM CST

I did, straight out of school.  Of course, I have a 20-year professional career in another field behind me.  Still, going solo is still a little scary - and outrageously exciting!

Part of the motivation was constantly encountering the view that firms aren’t interested in “old new lawyers” (I’m 44), whether because they were viewed as inflexible, opinionated, prone to a sense of entitlement, or whatever.  Maybe it’s just age intimidation.

I simply try to start every day by recommitting myself confidently to the belief that it WILL work, because I will do what it takes to make it work.

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10.

Hadley V. Baxendale
Nov 14, 2008 7:12 AM CST

I started 25 year ago with a mid-sized firm that grew into one of the state’s largest. I left this year to go completely on my own, and it has been great. Here are a couple of things to consider:  You don’t need large or fancy offices especially if most of your work is by phone, etc. but have your office close to your existing clients.  Drop your rates and become a referral resource for your old firm: you can take those small cases which are important to large clients without the threat of “stealing” the client; you can be the conflict referral and the “second counsel” if business affiliates each need counsel on a friendly basis.  Don’t represent a large bank on occasion and you can represent its borrowers, etc. Hire a good assistant and pay him or her well, but the job will range from errands to paralegal.  Don’t even think about doing it straight out of school!

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11.

Ron Stutes
Nov 14, 2008 7:23 AM CST

No.
I am lucky enough to work with 15 smart, hard-working, funny, honest people. My favorite part of my law practice is when a handful of lawyers gather on a new matter, and start brainstorming strategies and tactics. I’m sure if I were on my own, I’d find colleagues to use for sounding boards and reality checks. But I really like having them just down the hall.

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12.

KJS
Nov 14, 2008 8:14 AM CST

If I weren’t the breadwinner, I would love to take that chance.  To be my own boss, to decide when/how/where I am going to work, to have the exciting (yet terrifying) responsibility of managing a case from go to whoa, to see if I have it in me to forge a successful practice:  Wow, that would be cool.

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13.

John A. Davidson
Nov 14, 2008 8:16 AM CST

I went solo right out of law school.  I was 51.  I also had an MBA so I knew how nuts I had to be.  Well 3 years later I’m still here and actually making a go of it.  I will admit I had a lot of help.  The Solosez listserver is invaluable.  I not only get sound legal advice but it also help keep my sanity.

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14.

Dawn M. Blakely
Nov 14, 2008 8:32 AM CST

I had no other choice but to hang out my own shingle.  I passed the bar just as my teaching job was being eliminated.  I did get hired as an assistant municipal prosector where I live, but its only part-time.  Despite starting over, I have never felt so free in all my life!  I set my own schedule (when I’m not working for the city) and take the cases I want to take - and I’m having a blast!

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15.

Eva Posman
Nov 14, 2008 8:37 AM CST

The large firm in which I was a partner (but never a rainmaker) dissolved 17 years ago and I decided to go out on my own, without one piece of business.  I am still here and still going strong 17 years later.  I sincerely believe that if I could do it, just about anyone can!

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16.

Diana
Nov 14, 2008 8:38 AM CST

To No. 4—Please develop the skills you don’t have—creating a PDF, filling out a FedEx lading slip, learning how to schedule a call.  For when Big Law lays you off and you have to move to a small or mid-size firm, where one secretary is shared by four associates, you will need those skills. 

If you made it through law school you can learn how to hit the button in MS Word that says Print and then pick, Print to PDF from the drop down menu.  I have faith in you.

I left law after practicing in firms from more than 20 years to open a business.  I am my own boss, responsible for all that happens and am very happy.

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17.

KYV
Nov 14, 2008 8:50 AM CST

I celebrate my one year anniversary as a solo next month!  I absolutely love it.  My practice is dedicated solely to representing the disabled and it is a plus that I am very passionate about what I do.  Yes, I have had my share of “‘ups” and “downs” but I love the rush.  You have to be a risk-taking entrepreneur at heart to really enjoy being a solo.  Ms. Barshevsky, if really want this, you can do it w/o dad’s money.  I did.  I used dad’s banker instead - see your local SBA representative for more details on securing a line of credit for your practice.

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18.

Doug Powers
Nov 14, 2008 9:06 AM CST

During an 18 year career at a large midwest law firm, I often asked myself how or where I could thrive as a lawyer in a different setting.  Early on, I convinced myself that survival and solo practice were totally incompatible.  I could produce high quality legal work but had no idea how to market a practice.  Eventuially, the producer/non-producer caste system created such a disparity that I left my firm at age 52. With some savings, a credit line, virtually no client base in my specialized area of practice, and a family that enjoyed eating on a regular basis, I opened my own practice.  In six months, I met more local attorneys than I had in 18 years at my old firm.  After three years, I carry way more debt than what would allow me a regular good night’s sleep.  However, while nothing is certain, I am confident that I’ll be ok.  Would I go back to a big firm?  Since it’s not all about money anymore, that’s an easy call.

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19.

Duh
Nov 14, 2008 9:09 AM CST

Diana obviously works at a firm (with a competent) IT department, because her PC didn’t come out of the box with that print to PDF capability installed.  Being solo means being your own marketing, accounting, IT, mail/copy room, etc. department unless you hire (and take the financial risk) people to do these things for you.  After being a solo for 4 years, I really appreciated the support structure at the mid-sized law firm I’m now at.

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20.

Kathleen Bird
Nov 14, 2008 9:12 AM CST

I did strike out on my own almost 30 years ago and found the practice rewarding.  Overhead expenses came down remarkably with the advent of more technology.  Unfortunately, the fee capabilities did not keep pace.  The biggest problem was financing healthcare and retirement.  I ended up taking a salaried job 10 years ago to meet those needs.  Too bad the ABA doesn’t consider establishing programs help members in those areas.

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21.

Ron Mason
Nov 14, 2008 9:15 AM CST

Job security is best defined by your ability to get the next job.  Considering the economy today and the layoffs we read about, the first thing any lawyer in a big firm should always consider is a “what if” and plan accordingly.

As for me, I was a labor law partner in a large law firm in Columbus Ohio for a very long time.  In that time I built up a practice and clients that were really independent of my firm.  At the age of 50 I looked at my life and said I either do this now or I stay where I am at and retire. 

As a risk taker, I left.  Resigned my partnership, leased space and started my own firm.  Within 2 months I was looking for an associate.  Seven years later, I have a firm of 4 lawyers, 2 labor consultants, one full time office manager and two part time people who help in clerical matters. 

What I have learned from this: 1) You do not have to be located “down town” to keep corporate clients; 2) You do not need full-time accountants, IT people, and all the other trappings of a large firm; 3) You do not need the overhead of full-time secretaries for each lawyer. 

The large law firms have way too much overhead.  There is real money to be made in a small practice with the right corporate clients.

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22.

Giles P. Manias
Nov 14, 2008 9:15 AM CST

I am a solo practitioner. I am always out of work, and I am never out of work. Welcome to my world.

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23.

Scott Foster
Nov 14, 2008 9:45 AM CST

When I was with a Big Law Firm several years ago, I saw that the letterhead looked liked an accordion over the years—contracting and expanding with no apparent stability.  I began to notice that some of the talented lawyers in the firm were being let go for no good reason.  I saw the writing on the wall, put on my parachute and jumped.  The only person I knew who wouldn’t ever fire me was me. 

Since going solo, I have not looked back.  I now practice only the kind of law I want, accepting only the clients I want, and working reasonable hours without worrying about billable hours and losing my job.

This is, without a doubt, the most rewarding experience I have ever undertaken.  I have clients that respect me and treat me like the person who could change their lives. 

More importantly, I have the respect of my family and colleagues now more than ever.  My children look up to me for putting aside fear and doubt and accomplishing the goal I set: opening an office.  My wife sees me in a whole new light.  My colleagues no longer look at me as “so-and-so’s” lapdog, filing motions not for the content, but for the billable hour.

Would I ever turn back? Not in a million years.  Before you ever find me in another dead-end sweatshop, working at the goals others have set, subject to their fleeting whims, I would paint fire plugs and keep my dignity.

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24.

Anne Desormier-Cartwright
Nov 14, 2008 9:50 AM CST

I am a solo practictioner for 3.5 years now and I love reporitng to myself and not a comittee but you do everything and that can be overwhelming.  If you find good staff to help you so can act as the lawyer then you will succeed at all aspects of the practice.  My biggest challenge has been finding competent staff.  I have yet to find a full time paralegal who can do what they represent on their resume.  I know I will succed because I am determined.  Finding the right mix of staff has been my most difficult challege.

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25.

Alice Kelly
Nov 14, 2008 9:53 AM CST

I struck out on my own a year and half ago after a decade at a large firm doing business litigation in Chicago and SF.  It has been exciting and stressful but once you get used to the idea, there is no going back.  The only real problem is finding health insurance!  www.thekellylawgroup.com

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26.

Jessi
Nov 14, 2008 10:16 AM CST

I would also love to go out on my own.  However, I am the family bread winner with a disabled (vet) husband and 5 month old daughter.  It doesn’t feel like the right time to take risk.  I also have been practicing for only 1 1/2 years.  I’m concerned that I don’t have enough experience to do it on my own yet…but, many of the comments here make me wonder if that isn’t just an excuse.  I’m making it my goal to go solo in 3-5 years.  Can anyone recommend some resources on how to really prepare for making this transition? 

I really admire those of you who have taken a risk and taken control of you career.

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27.

x
Nov 14, 2008 10:32 AM CST

been there..done that… incredibly scary experience.

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28.

E Lynette Denton
Nov 14, 2008 11:24 AM CST

Magically, you get to take the law degree, client development capabilities and know how along with you when you leave the firm and go out on your own!  Wow!  And you can develop your own brand and protect it ...

Said with a serious smile…
Lynette Denton
www.dlawg.com

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29.

Diana
Nov 14, 2008 11:37 AM CST

I am a solo and to any attorney who is even thinking about going out on your own my advice is DON"T! 
 
Becoming your own boss sounds so easy, so carefree, so exciting; but in reality a solo not only becomes their own boss they also become their own marketing depart, their own accounting department, their own human resources dept, and in many instances their own administrative assistant.  A solo is responsible for it all; the hiring, the scheduling, deciding on facilities, deciding what and when to advertise, paying the bills, getting the clients to pay.  It is a 24/7 job and that does not count the job of actually being an attorney.  A solo spends more time on running the practice than actually practicing the law.
 
As for the ‘terrific’ financial rewards, there are very few.  Without that big-firm accounting dragon that gets clients to actually pay their bills, a solo must not only do the work for the client but then beg the errant client to pay for work done.  Last year I made around $27,000 in a solo practice devoled to employment law.  This year I will make less.  I figure by the end of this recession my office will be the cardboard box that I call a home. 

If you are working for a firm STAY THERE.  Go in every moring an kiss your desk and celebrate your financial security.

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30.

Jason Luros
Nov 14, 2008 11:45 AM CST

Starting a law firm is a large financial commitment. My partner and I started our firm this summer, and while we are successful, there are a number of things that could still go wrong. However, our local market supports entrepreneurship, and we’ve been lucky. It sure beats going in to someone else’s office every day!

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31.

Peter
Nov 14, 2008 12:18 PM CST

Recently made the move and all is going well.  My financial expectations are modest and our bill rate is low as we focus on working for local government.

Starting a law firm is not a large financial commitment; it takes $100K just to start a sandwich shop . . . a solo or small firm is pennies by comparison.  The key is having your living expenses covered because it may take a while to collect a salary.

Putting aside the debate about whether going out on your own is a good or bad idea, I can tell you this with confidence: if you work for a large firm and are beyopnd the stage where you are being educated in how to practice law, the firm is making A LOT of money off of you.  As long as you’re happy with that simple fact, you should stay.

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32.

JM
Nov 14, 2008 12:23 PM CST

I’m fresh out of law school and newly admitted to the bar, and I don’t think that I have enough experience or mentors to be able to serve my clients very well.  I would think about it after getting some experience, but now with the bills that have to be paid, I don’t think I could do it.

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33.

Philip J. Germani
Nov 14, 2008 12:37 PM CST

Yes, I have always wanted to hang out my own shingle.  My specialty is ERISA.  However, I don’t know where to begin.  Does anybody know of a good consultant who could help me?

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34.

J. K. Dugas
Nov 14, 2008 12:41 PM CST

I was “lucky” enough to land a boutique law firm job right out of law school.  And by boutique firm I mean a 4 lawyer operation headed by an egomaniac former-BigLaw narcissist who could not bring himself to do more than show up at the business for more than a couple hours a day.  Watching him throw a tantrum and scream at the staff and lawyers because he didn’t know how to make a photocopy was entertaining entertaining at first.  I made the fortunate mistake of demanding a raise after two years; I got the raise and was fired a month later, replaced by a recent admittee who was willing to work for $19 an hour. 

My boss was a prisoner of his own creation.  He was incapable of doing anything without having his hand held by staff, a mindset I can only assume came from embracing the concept of the rainmaking “managing partner.”  Being your own boss in not a John Grisham novel, it is a lot of hard work.  It can be extremely rewarding however if you embrace the idea of being a small business man/woman and defer the short term benefits to grow your business.

I have run my own office for approximately 6 months now and I could not be happier.  The first thing I did when I got fired was go to the law library and get Jay G. Foonberg’s seminal work “How to Start and Build a Law Practice.”  That book has been invaluable to me in running and growing my practice.  I highly recommend starting there for anyone who is considering going solo.

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35.

Margaret E. Murray
Nov 14, 2008 1:35 PM CST

I already did!  And I love it.  The best part about being on my own is being able to focus entirely on what drew me to the law in the first place—helping people solve difficult problems.

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36.

Jon Parsons
Nov 14, 2008 3:48 PM CST

For 30 years I have been a solo real lawyer, helping real people, seeing the real drama (and trauma) of life.  Only we who eat what we kill, who practice law rather than climb corporate ladders, know the joys and the pains of the law and the people it supposedy serves.  The rest are just (highly) paid help, kissing buts while they climb.  May the Gods smile upon us in the trenches who fight the good fight..

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37.

Ben W. Koyl
Nov 14, 2008 11:19 PM CST

After working for others since my caddying days at Canterbury Country Club, I finally had enough and started my own practice. While it is still in it’s early stages I will never go back to making money for anyone but myself. I’m starting strong with consumer bankruptcy, www.chicagobklaw.com, and I am confident with hard work that it will work out.

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38.

JME
Nov 14, 2008 11:46 PM CST

For me, law was a third career.  I am older than many partners, graduated near the bottom of my class, since I treasure my family life so did not study more than 8-9 hours per day.  I knew from the beginning I would never be a lowly associate, after being my own boss before law school, and having achieved a decent rank and position in the Air Force in my first career, I was unlikely to be the type of associate someone else would be able to drive to 1700 billable hours annually.  I began building my business plan before my first year was finished, began searching for the right place to put my private practice, and am now finishing my first month open for business.  It is tough going.  I couldn’t get financing, I couldn’t get in the phone book (timing is everything when something is published only once per year), so my wife, my son, myself, and some friends are going door to door, with adverts on door hangers, to make myself known.  I have a good location, almost no competition, I just have to let people know I exist.  Without real funding, I am getting support from my family.  friends are setting up and managing my website.  I will make it.  I will never be rich, that was never a goal.  I will, however, be the best family law attorney in the area.  That is my goal.  Solo?  For the other 85 of my classmates, probably not.  For me?  Absolutely.  Of course, we may not be able to do much for Christmas this year, but nobody ever said I would get rich my first month.

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39.

Ute Lawyer
Nov 15, 2008 9:54 AM CST

To foster a smoother transition to practicing on your own, consider combining working on a contract or “of counsel” basis with an established firm while you build your own client base.  Doing this provides you with cash flow, more experience, and a potential source of new clients.  You may find working “of counsel” for an established firm is enough, especially if you are free to take only the work you really want to do.

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40.

Molly Riley
Nov 16, 2008 12:51 AM CST

I did go it alone and it was not a good move.  Having to do practically everything myself is no joy, and not having a name brand to rely on for marketing purposes puts a person at a big disadvantage. 
Even though I made a name for myself as a solo/small partnership practice it was endless work and no let up.

If I could go back and do it again I’d do everything possible to fit in with whatever the more established firm asked; sticking with the establishment pays off.  Going solo is a lot of expense, a lot of risk and slow collections as recompense.

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41.

Kathleen Hunt
Nov 17, 2008 10:36 AM CST

Going solo right out of law school exponentially increases the risks—financial problems, loneliness and malpractice.  If possible, start with a large or medium-sized firm with a support infrastructure and experienced attorneys.  Work hard, watch what support staff does and learn to do it yourself, and find an attorney mentor who actually likes and respects you and will teach you how to be a good lawyer AND how to market your services.  If you can, spend at least 5 years (the first 5 out of law school) with such a firm - and THEN, when you have a client base and know what you’re doing and know what your secretary/assistant does and how to do or do without it, you are ready to establish your own practice.  Remember that marketing is not door-to-door selling - it’s a combination of very good lawyering and letting your client base know you’re there.  You can do it!  (By the way, is there really such a person as Ellen Bershevsky?)

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42.

Beverly McGrath
Nov 21, 2008 7:03 AM CST

Interesting to see a few “old new lawyers” like myself. I’m attracted to starting my own firm at some point. I just got my license earlier this year and have been very fortunate to find a per diem opportunity in a small firm where I get to do everything! It was my goal to first learn from well-seasoned practitioners to develop my procedural and substantive skills. Luckily I had a long prior professional career where I became adept at technology and things like Fed EX, postal services, etc. I am struggling with borderline financial security issues, but hoping to muddle through to better times!

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43.

Solo Attorney
Nov 21, 2008 11:27 AM CST

In response to #4 - did you actually graduate from law school?  The first thing you need to learn is how to spell.  After that, I’m sure you can learn everything else.

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44.

Lawtalkingal
Nov 24, 2008 4:28 PM CST

When I was “let go” for non-performance at my in-house counsel position after three years of salary increases and a bonus for exceeding all performance goals two weeks prior; I was devestated.  I found out later that the real reason I was fired was because I had just disclosed that I was pregnant (yeah, then the company went under taking my suit against them with it, however my former boss is facing jail so there is some justice) My husband encouraged me to start my own firm so I did.  I found cheap office space, did almost no advertising, but I TALKED to people. I made friends with the other local businesses, the mailman, the restuarant owner in the same building, and the business came. That was four years ago and my income has gone up every single year. Plus, I got to take off time for the births of both my children and I am a room mother for preschool too.  It was the best decision I ever made BUT if you do not have the support of your spouse or significant other, or they have unrealistic expectations about earnings you will be miserable. You can do it. BTW law was my second career as well, I taught eighth grade prior to law school…

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