Originally published on August 3, 2009 in our free SmallLaw newsletter.
The BigSolo trend continues to grow. More and more large firm emigrants and refugees have opted out of large firm practice (or have had that choice made for them). The "good old days" appear to have been little more than economic sleight-of-hand, akin to clever David Blaine-esque street magic. More and more large firm attorneys are hanging shingles, summoning their inner entrepreneur.
Some will succeed. Many will not. With the top-down, bottom-up shock that running a business may bring to lawyers whose mission in life involved warping the space-time continuum to pump out 2,500 billable hours per year, opportunities for failure abound.
While some SmallLaw readers have criticized my observations, my perspective stems from the crucible of in-the-trenches reality. Actively helping a number of BigSolos start their practices, I'm living the experience first-hand, not just theorizing from a safe distance. Today's column revisits this world to explore five ways BigSolos can ensure failure of their new practices. I've seen all five myself — they're not pretty.
1. Let Sexy Technology Seduce You
Spend weeks agonizing over apps to download for your shiny new iPhone 3GS instead of focusing on drab, mundane technology for critical functions like system backup, secure WiFi, tailoring a case management system to your practice, automating routine documents, picking anti-malware software that won't destabilize your legitimate software, setting up your email system so that it syncs all your calendar/docket entries to your smartphone, etc.
You can also torpedo your new firm by not bothering to ask an accountant to review your new Chart of Accounts, make a coordinated transition from your old firm's Interwoven document manager to your new practice's Worldox system, or deploy legal software applications that integrate well and share client information because God knows how much you enjoy time-sucking duplicative entry.
2. Go Ahead, Represent Yourself Pro Se
Because you've spent years pouring through technology ads in the Sunday paper, you're a 23rd Level Grand Wizard of Legal Technology. You should make your own decisions about what technology to use, and how to configure your practice/document management, billing, and financial systems.
Then hire the charming counter guy from the nearest Radio Shack (now just The Shack) to build your new server using parts you've frugally scrounged from Overstock.com. Yes, that's the ticket to a stable law practice technology platform to support your livelihood and entrust your confidential client work product.
3. You've Been Using Word for 15 Years — There's Nothing More to Learn
After all those years in a world-class AmLaw 250 law practice, there couldn't possibly be anything you could learn about using technology tools as pedestrian as Word, Outlook, or Acrobat. Or Summation, CaseMap, and Sanction for your trial practice? You're a fourth degree black belt, right? And if you know you're a master of those garden variety regulars, how tough could it be to climb to the top of the practice-management system ladder after clicking "install?"
So by all means, don't waste your time learning the "proper" way to use Styles in Word. Forget about using PDF Packages in Acrobat Professional — especially since Acrobat Standard is good enough. You know best after all.
4. Outsource Everything (The Four Non-Billable Hour Week)
Being a BigSolo is going to be just like your previous gig, but better, right? Your plan is ingenious — you'll create a one lawyer megafirm. You loved the "do anything to keep the lawyers billing time" model that worked so well for you at your old firm.
You can't bear the thought of subsidizing all that administrative staff. So go ahead and outsource everything. Practice law and don't waste otherwise billable time running a business. Entrust everything to outsiders — people you barely know here and overseas who will most certainly have your best interests in mind.
5. Clients Want Old-Fashioned Substance and Web 2.0 Fluff
Return to your roots and use Courier 10 point type for all your documents. That will set you apart from your competitors.
Also, what's the matter with a Blogger.com site for your new practice? And why can't it contain some of your vacation photos? You clients will love the "personal touch." Why shell out one cent for a marketing and branding guru? Who knows you better than you?
Conclusion
If you take my counter-advice above, the odds of abject failure are certain. Want to succeed as a BigSolo and achieve more than you hoped for in law practice? Then run, don't walk, from the above suggestions and do the precise opposite of everything I've suggested.
Written by Ross Kodner of MicroLaw.
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