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To other lawyers: solo practice?

post #1 of 17
9/9/09 at 7:36pm
Thread Starter 
I am just curious if anyone here is a solo practitioner in the US. As one or two may know I currently work in the lobbying business, but I have a law degree and recently I have been helping out an older lawyer who had some health problems. I filled in for him at a hearing or two and it got me thinking.

I had some experience during law school drafting all manner of pretrial motions for a solo practitioner who did criminal and personal injury, etc. I am wondering how complicated it would be to try to start looking at doing some DUI defense, personal bankruptcy, small personal injury stuff on my own?

Any ideas?
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post #2 of 17
9/9/09 at 7:40pm
It's real easy here in Vegas. The jurisdiction is very forgiving, especially for newbies.

I've contemplated hanging up a shingle and may still do so in the near future.

I would think the flat-fee criminal stuff (DUIs, traffic tickets) would get the immediate cash flow while you could sit on some PI cases while they played out. I'm currently doing insurance defense and would therefore rather castrate myself then do PI work, as I am sick of it.

BK and estate planning are also good areas. ETA: There is lots of software for this where you just have to plug in the information. It is very handy.

Might want to give this a read:

http://www.amazon.com/Start-Practice...2535989&sr=8-1
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post #3 of 17
9/9/09 at 7:46pm
odoreater took the plunge recently. You should ask him. I'm going to hang my own shingles one day, but not right now. It costs too much and the risk is too high for me. If you really want to know, read a book called How to Start and Build a Law Practice by Foonberg. You'll decide whether it's for you or not by the end of the book, I guarantee it.
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post #4 of 17
9/10/09 at 10:41am
Yeah, I hung out my own shingle earlier this year after 3 years or so at a big firm. To be honest, things are rough right now. Paying clients are hard to come by in non-contingency matters, and insurance companies are making contingency matters difficult because they are trying to push everything off so that they can disperse their losses into future years.

I do a good deal of criminal defense work, and I'm constantly surprised by the number of people who face very serious criminal charges and yet are unwilling or unable to pay for an attorney. It's not just a problem with new attorneys either, I've spoken to guys who have been around for 30 years, and they're telling me that they've had to cut their entire staff and are still struggling. I've recently been leaning out my business and referring out a lot of my contingency matters because it's just too costly to float the cases for very long.

I think this is really just a function of the current economy and that things will turn around, but for now, all I have to say is thank god that my wife is still working on a pretty decent salary.
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post #5 of 17
9/10/09 at 11:29am
Thread Starter 
Quote:
Originally Posted by DarkNWorn View Post
odoreater took the plunge recently. You should ask him.

I'm going to hang my own shingles one day, but not right now. It costs too much and the risk is too high for me.

If you really want to know, read a book called How to Start and Build a Law Practice by Foonberg. You'll decide whether it's for you or not by the end of the book, I guarantee it.

An IRL friend recommended this book as well. I will pick it up. I appreciate the advice.
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post #6 of 17
9/10/09 at 11:44am
hang in, not easy for any of us entrepreneurs right now.

Quote:
Originally Posted by odoreater View Post
Yeah, I hung out my own shingle earlier this year after 3 years or so at a big firm. To be honest, things are rough right now. Paying clients are hard to come by in non-contingency matters, and insurance companies are making contingency matters difficult because they are trying to push everything off so that they can disperse their losses into future years.

I do a good deal of criminal defense work, and I'm constantly surprised by the number of people who face very serious criminal charges and yet are unwilling or unable to pay for an attorney. It's not just a problem with new attorneys either, I've spoken to guys who have been around for 30 years, and they're telling me that they've had to cut their entire staff and are still struggling. I've recently been leaning out my business and referring out a lot of my contingency matters because it's just too costly to float the cases for very long.

I think this is really just a function of the current economy and that things will turn around, but for now, all I have to say is thank god that my wife is still working on a pretty decent salary.
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post #7 of 17
9/10/09 at 11:50am
Thread Starter 
Quote:
Originally Posted by odoreater View Post
Yeah, I hung out my own shingle earlier this year after 3 years or so at a big firm. To be honest, things are rough right now. Paying clients are hard to come by in non-contingency matters, and insurance companies are making contingency matters difficult because they are trying to push everything off so that they can disperse their losses into future years.

I do a good deal of criminal defense work, and I'm constantly surprised by the number of people who face very serious criminal charges and yet are unwilling or unable to pay for an attorney. It's not just a problem with new attorneys either, I've spoken to guys who have been around for 30 years, and they're telling me that they've had to cut their entire staff and are still struggling. I've recently been leaning out my business and referring out a lot of my contingency matters because it's just too costly to float the cases for very long.

I think this is really just a function of the current economy and that things will turn around, but for now, all I have to say is thank god that my wife is still working on a pretty decent salary.

I am lucky enough to have a full time position that is fairly flexible. At this point I would just be looking for the experience (although obviously I would want to get paid as well.) I am more concerned about how complicated it would be to pull off.
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post #8 of 17
9/10/09 at 11:55am
I thought you were joining the Army or something.
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post #9 of 17
9/10/09 at 12:39pm
Working for yourself blows*


*unless working for yourself = big opportunity, well financed, high-growth
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post #10 of 17
9/10/09 at 12:42pm
Unless you have a spouse who covers you with healthcare, applying for and receiving individual coverage can be a real bitch and sometimes, depending on the state in which you live, impossible. This is always something to keep in mind.
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post #11 of 17
9/10/09 at 12:44pm
On the plus side, if you pull a six figure verdict, its all yours.
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post #12 of 17
9/10/09 at 3:16pm
Quote:
Originally Posted by CTGuy View Post
I am just curious if anyone here is a solo practitioner in the US. As one or two may know I currently work in the lobbying business, but I have a law degree and recently I have been helping out an older lawyer who had some health problems. I filled in for him at a hearing or two and it got me thinking.

I had some experience during law school drafting all manner of pretrial motions for a solo practitioner who did criminal and personal injury, etc. I am wondering how complicated it would be to try to start looking at doing some DUI defense, personal bankruptcy, small personal injury stuff on my own?

Any ideas?

How hard would it be (time constraints, location, etc.) to moonlight with your current job? Build up a private practice and develop an area of interest while you keep your day job. I think you'll find that being your own boss means you can set limits on how many projects you are comfortable handling along with the "real" job during the day. It is amazing how much you can accomplish in an hour or two in an evening or on an otherwise wasted Sunday afternoon. Do that until you have the means and courage to quit the lobbying position or make THAT your moonlight gig.
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post #13 of 17
9/11/09 at 11:34am
my dad has been a SP for the better part of the last 40 years (jesus). Obviosuly he loves it, started out doing a lot of criminal work, but burnt out on that and has spent the last 10 years or so doing Bankruptcys, DUI/Drivers License, and small timer stuff. He still takes the occasional big case as a favor. He is actually busier now then he ever has been. That said, everyone knows him in town, he gets a lot of referals, and at dinner the other day he told me that he had his first 4th generation client. So thats how he rolls. That said, one of the biggest issues he has had been wtih billing. For years he wasnt a good 'biller' and given the nature of the work it was hard to collect. I cant imagine the 1000's of dollars he missed out on because of this. Since he has gone to the flat fee type work, its gotten better, and with the bk he always gets paid, but he still has problems. My mom finally started helping him, and she told me that he has more money in outstanding bills (and these are just from the last couple of years), then she makes (and she has a good job) and wants to quit and do it full time. So just make sure you get your billing down.
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post #14 of 17
9/11/09 at 2:12pm
Quote:
Originally Posted by jgold47 View Post
my dad has been a SP for the better part of the last 40 years (jesus). Obviosuly he loves it, started out doing a lot of criminal work, but burnt out on that and has spent the last 10 years or so doing Bankruptcys, DUI/Drivers License, and small timer stuff. He still takes the occasional big case as a favor. He is actually busier now then he ever has been. That said, everyone knows him in town, he gets a lot of referals, and at dinner the other day he told me that he had his first 4th generation client. So thats how he rolls. That said, one of the biggest issues he has had been wtih billing. For years he wasnt a good 'biller' and given the nature of the work it was hard to collect. I cant imagine the 1000's of dollars he missed out on because of this. Since he has gone to the flat fee type work, its gotten better, and with the bk he always gets paid, but he still has problems. My mom finally started helping him, and she told me that he has more money in outstanding bills (and these are just from the last couple of years), then she makes (and she has a good job) and wants to quit and do it full time. So just make sure you get your billing down.
I clerked for a SP out of law school. He had been practicing in excess of three decades when I started with him. Needless to say, this guy had some great wisdom to impart. One of the biggest issues he had was collecting from clients. However, his word of caution was to never sue a client for fees. That was the quickest way to a counter-suit for malpractice. He would just have to write off the non-payers after a while. He would also require payment up front for all criminal defense work. No money, no representation.
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post #15 of 17
9/11/09 at 2:14pm
Thread Starter 
Quote:
Originally Posted by jgold47 View Post
my dad has been a SP for the better part of the last 40 years (jesus). Obviosuly he loves it, started out doing a lot of criminal work, but burnt out on that and has spent the last 10 years or so doing Bankruptcys, DUI/Drivers License, and small timer stuff. He still takes the occasional big case as a favor. He is actually busier now then he ever has been. That said, everyone knows him in town, he gets a lot of referals, and at dinner the other day he told me that he had his first 4th generation client. So thats how he rolls.

That said, one of the biggest issues he has had been wtih billing. For years he wasnt a good 'biller' and given the nature of the work it was hard to collect. I cant imagine the 1000's of dollars he missed out on because of this. Since he has gone to the flat fee type work, its gotten better, and with the bk he always gets paid, but he still has problems. My mom finally started helping him, and she told me that he has more money in outstanding bills (and these are just from the last couple of years), then she makes (and she has a good job) and wants to quit and do it full time.

So just make sure you get your billing down.

Thanks for the reply. I appreciate your thoughts. When I worked for a SP in RI while in law school he had similar problems. As he put it, criminals tend to have issues with paying their bills. His brother who was also an attorney pretty much demanded that people pay up front, but I realize that's a choice a lot of guys don't want to make in the fear they'll scare away business.
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