Philly Solo Law

Nineteen years spent practicing law in the areas of products liability defense and white collar and securities litigation has left my resume a little plump in two specialty areas of the law. How do I transform my experience in these corporate-intensive practice areas into a new reality where I must now deal directly with clients? In the past, my connection with the client was usually through a chain of command from my firm to the corporate counsel. For example, as a 2nd chair litigator, my link to the client’s control center was through the supervising partner – lead trail attorney.
Direct client contact did occur, but for my part, was not usually in a decision-making role. Not so in a solo practice where each client contact involves substantial decision-making opportunities. In my prior litigation experience, every case was a products case – only the product varied. The usual pattern included: plaintiff’s use of the client’s product; an “incident”; injury; claim of defect; law suit. My role was to manage the case in all of its pre-trial dimensions, i.e., investigation, pleadings, discovery, depositions, expert preparation, exhibit preparation and pre-trial motions. I did not have to be a rainmaker – the cases flowed from client to firm as a result of a long term relationship between the founding partner and the client.
Now, in my solo practice, I AM the founding partner – totally responsible for seeking out and procuring my own clients. The paradigm has changed, and now, the responsibility to locate and retain paying clients is exclusively mine. Here’s where I intend to begin the process. As I enter my pre retirement years, I have become acutely aware of the needs of my fellow baby-boomers for critical legal services such as Wills, Trusts & Estates, financial planning and various health care concerns. I recently came across a statement during a CLE course that, on average, each one of us personally knows over 300 people. A simple review of my address book confirms the veracity of that statement. I estimate there are at least 100 persons in my address book whether relatives, acquaintances or friends that are baby-boomers themselves. Sounds like an opportunity waiting for me to nurture – don’t you think?
I plan to cultivate this valuable client database to determine who needs the legal services of a trusted friend who also happens to be a competent lawyer and counselor at law!

RonBoak Uncategorized

The people you usually rely on most when starting your own business are family and close friends. A close runner-up should be a good accountant. From questions of business formation (sole proprietorship vs. professional corporation?) to filing your taxes (you do it quarterly), you should meet and speak with a knowledgeable accountant before deciding to hang your own shingle. After all, you wouldn’t try to litigate a case without the help of a good attorney, right? I found it very helpful to meet with an accountant who specializes in small businesses here in the city and who patiently sat and answered all my questions.  I never had to think about any of the issues affecting solos prior to forming my own firm and there is a lot of misinformation out there.  For my entire career, I had been an employee of a firm with an accounting department that handled deducting taxes and benefits from my paycheck, which was direct deposited into my checking account like clockwork every two weeks. If you aren’t familiar with the concept of keeping your books, an accountant (and also possibly a financial consultant if managing money has been an issue for you in the past) can walk you through the basic steps and recommend accounting software so you can track expenses and income for your new practice. I do not have any employees right now, but there are other considerations that come with hiring a secretary or paralegal (e.g., payment of payroll taxes and benefits). If you don’t know a good small business accountant, just ask your friends or other solos you’ve worked with as every solo has a network of trusted advisors, from his banker to his accountant to his malpractice insurance provider. It’s the first move I made when starting my practice.  While I’m aware that I’ll probably make some rookie mistakes in the beginning, I’m aiming to limit them to minor ones.  Checking in with my accountant regularly should help me steer clear of anything that will negatively impact my firm’s bottom line.

Rob Shulman Uncategorized

One of the things that has surprised me is how extensive my own network really is. Until it was “needed”, tapping into my own network was not something for which I had given much thought. While continuing to form the parameters of my solo practice, I am constantly amazed of my connectedness to other attorneys. As mentioned in a previous blog about mentoring, some work has flowed my way via a busy solo practitioner involved in an area in which my prior experience was limited, namely debtor/creditor law. As a result of visiting the prothonotarys’ offices in Bucks and Montgomery Counties, I discovered that the most common filing on a daily basis in each of those jurisdictions involves claims against consumers who had apparently failed to pay the balances on their credit cards. Some days there are literally dozens of actions filed on behalf of creditors in those courts.
In one instance, while perusing the docket entries at the Montgomery County Prothonotary’s office, I struck up a conversation with an attorney who was using the data terminal next to mine. He not only provided me some tips on how to search the docket database, but also provided practical tips on how to handle creditor/debtor cases. This impromptu exchange illustrates the point (made in a prior blog) that other attorneys are quite willing to help those of us who are unemployed and searching for alternate areas of the law in which to practice.
In another instance, an out of work attorney (Daniel) who read one of my prior blogs (another form of networking) contacted me via email. He too had an engineering background prior to practicing law. That was enough of a link for him to reach out and contact me. We met over coffee at a local Saxby’s and exchanged information about our backgrounds, experience and work histories. As a result of this meeting, I furnished Daniel with resource materials about possible job opportunities in his area of expertise as well as suggestions for further networking possibilities. Where it may lead him remains to be seen, but, one never knows what paths it may open up for Daniel. We agreed to meet in a month and see where we’re both at.
Last but not least, a former colleague, Aretha, contacted me and provided a tip that a certain center city legal placement agency was initiating a new document review project. I contacted the agency on Tuesday, provided them a copy of my resume on Wednesday, and was hired on Thursday. The project began the following Tuesday and lasted for seven continuous days. The income from this short duration project was certainly better than the weekly amount being received from the Pennsylvania Unemployment Commission. If the email from my colleague had not been received when it was, I would not have been aware of the opportunity, albeit of short duration. Hooray for Networking!
As I continue to expand my network, I am confident that it will ultimately lead to new opportunities and gainful employment. I am also committed to the concept of diversity in my solo practice, not only because it will be more interesting but also because it will minimize the effects of any future economic downturns.

RonBoak Uncategorized

I will not claim to be the first person to see the parallels between work and dating. I did a web search and found that many people have already written about the relationship between work, investing, sales, etc. and dating. Most of those articles however seem to be geared towards pointing out behavior you should avoid in order to close the deal.  That’s fine but it does not get to the root of the problem in how most people seem to separate their personal and work lives, lawyers especially. I have always tried to treat a client (or anyone else I meet for that matter) with the same level of respect I would show to a woman I was attracted to and wanted to date. Of course, everyone will have his own work style but it always suprised me when I saw someone being very hard and aggressive at the office but then loving and open in his personal life.

I wondered how lawyers who acted so horribly towards associates, partners, staff and opposing counsel were able to build big books of business.  I was frequently told that I need to act “like a lawyer” as that is what our clients expect from us.  Of course, we should act professionally, deliver great work and be passionate advocates for our client’s cause. However, too much of the time I have encountered huge egos on the other side of the table.  Those people not only listened poorly to opposing counsel, but frequently to their own clients! We typically labeled this type of lawyer a “deal breaker” rather than a “deal maker”.

It may be that lawyers are not sure how to act and so assume a poor stereotype of what they believe a good lawyer should be. I do not think this serves the profession well (you’ve heard all the lawyer jokes) and probably contributes to the unhappiness and depression that affects so many lawyers. After all, when you go on a date, is it more refreshing to meet someone who is just like everyone else or unique and interesting unto him or herself?  My new clients have shared with me that they really appreciate being able to speak with an attorney: who is upbeat and relaxed; who listens more than he speaks; whose first inclination is not to talk poorly about the other side, which only worsens an already tense situation; who tries to grasp the other side’s concerns in order to resolve rather than protract the problem; who does not bill for every minute of conversation on the phone as a gesture of goodwill and friendship; who is humble and patient and does not speak about his accomplishments first, but allows his integrity and legal acumen to shine through in his good work; and who has a good sense of humor and does not take himself so seriously that he thinks what he does is brain surgery (it is only law after all people!). In other words, clients appreciate the same good qualities in their attorneys that two people who are just beginning to date hope to find in each other. I encourage all my colleagues to treat each other and their clients with the same respect you would treat your friends and family.  It would have a beneficial effect not only in the tense corporate work environments my lawyer and non-lawyer friends continue to describe to me but surely also in the dating circuit!

Rob Shulman Uncategorized

Having been out of a job since the end of March, I’ve been overwhelmingly surprised by the amount of quality mentoring that I have experienced. It has been both solicited and unsolicited. I was not aware of the “brotherhood of attorneys” that are ready, willing and able to lend a hand to their fellow lawyers. The amount of support you have available to you is enormous. Let me illustrate with several examples from my own experience. The events are real; however, pseudonyms have been used for each of my lawyer “pals.”

My first contact with a mentor was with Robert, an associate at a law firm we both formerly worked at. Robert has had his own successful solo practice in Center City for about 7 years. I called Robert shortly after my lay off to ask a few questions about his experience in establishing and maintaining his own practice. To my surprise (and great delight) Robert spent most of our one-hour plus conversation laying out an extensive road map for how to form a solo practice. His explanations were very informative, including details on seemingly mundane topics such as using a postage meter, i.e., it gives your mail an efficient, professional look; helps you track your expenses; and, eliminates the burden of having to run to a post office to process mail.

My second contact was with Victoria, an attorney who attended a meeting in Eagleville, Pennsylvania, the subject matter of which was an area of personal interest to both of us. As it turned out, we were the only lawyers at the meeting. As a result of striking up a conversation following the meeting, Victoria invited me to assist her in her very busy solo practice that focuses primarily on debtor/creditor relations. Not only did she share ideas on how to form my own practice, she actually involved me in an area of law in which I had not previously practiced. We are now working on several cases together and I’m thoroughly enjoying the process of learning something new while at the same time providing needed legal services to her clients. Funny how a serendipitous conversation with a “sister attorney” has led to new possibilities for me.

Another mentoring opportunity occurred just this week with Daniel, a lawyer previously unknown to me. I called him on the recommendation of one of my colleagues who was laid off with me back in March. My son-in-law, Bernard, was forced to resign from his job at a New Jersey family owned business. With no experience in employment/labor law, a call to a laid off colleague of mine, who practices in New Jersey, subsequently led to Daniel, who is also licensed in New Jersey. I just wanted to talk to a lawyer with experience in this area of law to see what options might be available to Bernard, and not to ask for a “freebie.” Again, to my surprise, Daniel not only provided me with information, but also suggested practical ideas how Bernard might approach his former boss for reinstatement. It was also an opportunity to learn something about a new area of law.

There are other examples, which will be the subject of future blogs. Suffice to say, I’ve gained a new awareness of just how compassionate and helpful other lawyers can be. We truly are a “brotherhood” from which we can gain mutual support and practical advice. So, ‘Go out and get you some mentoring.’

RonBoak Uncategorized

You may already be familiar with the Eleanor Roosevelt quote, “Do one thing every day that scares you.”  I have tried to live my life by that maxim (that and the classic “life is a journey and not a destination”) and have more than a few good stories to share over a cocktail as a result.  I looked at starting a solo practice as just another fun chapter in the journey I call life. After being on my own for a couple of months, I would add the following twist to Eleanor’s famous quote:  ”Do one thing every day that inspires you.”

Once out on my own, I found myself quickly thinking about how I could be more fulfilled not only as an attorney, but more importantly, as a person.  I decided to continue to practice as a real estate lawyer since I enjoy it and it is what I know best (and every solo attorney needs to deliver the same quality service as any big firm lawyer if you want to stay in business).   I also decided to explore how my personal passions outside the office might be able to intersect with the law and earning a living.  I am now studying about the burgeoning alternative health care law field as this directly relates to my daily ashtanga yoga practice.  I am also becoming involved with organizations in the sustainable agriculture and green building technology fields.  These areas not only relate to my past life as a farmer (yes, I was a farmer for a short, blissful time before law school!), but also to my current practice area of real estate, which as you probably know is currently attempting to reinvent itself as a green industry. 

I would caution anyone against jumping into the next big thing for the sake of money or prestige.  You never know when a practice area might experience a downturn (e.g., real estate) and do not want to spend lots of time studying and working in a field that you do not already personally enjoy.  I am not expecting to grab many clients in these new fields right away, but if that happens it will be a pleasant surprise.  However, I also may decide to start a business in one of these fields or another I discover in my journey, which could end up allowing me to practice law for fun on the side.  I think it is crucial that I be excited each day about the practice of law if that is what I will end up doing for the rest of my professional working life. Lawyers are usually too quick to write off the importance of discovering such personal satisfaction through their jobs, leaving such things to people like artists and teachers. But if you are passionate about what you do each day to make the rent or pay your mortgage, it becomes more than just a job.  It becomes an adventure, a calling, and hopefully, an inspiration.

Rob Shulman Uncategorized

Before taking that first potential client call, every new solo lawyer needs to purchase lawyers professional liability (or malpractice) insurance.  I was a big firm lawyer my entire career so this was always handled for me previously.  But don’t worry as it is a very straightforward process. The Philadelphia Bar Association, as well as many larger, established insurance companies, offer malpractice coverage. I decided to ask my solo friends who they use and was given the names of a few firms that specifically insure solo practitioners and smaller law firms.  I chose such a niche firm.  I will avoid providing any names so this entry does not seem like a plug for my insurer, but those firms are easy enough to find on a simple web search.

The approval process was quick and easy.  I was sent an application by email that ran only a few pages (a larger insurance firm may have more lengthy application process).  I was given a quote for different levels of coverage but I decided that 250/750 ($250,000 per claim limit and $750,000 per annual aggregate limit) coverage with a $1,000 deductible best fit my needs. Luckily, I have no prior claim history but I was told minor claims should not greatly affect the premium. All claims need to be disclosed to the potential insurer even if you were found not to be at fault or it may be considered insurance fraud in Pennsylvania.  The approval process usually takes no longer than 48 hours; for me, it was same day. 

A lawyer’s malpractice policy is a “claims made” policy.  A claims made policy provides insurance protection for claims made against you and reported to the insurance company during the policy term.  It covers only those claims derivative of legal services you rendered (or should have rendered) on or after the retroactive date listed in your policy (the retroactive date is the same as the effective, or starting, date of the policy).  My policy will cover me against claims made during the term of the policy period (which typically runs 12 months) back to the retroactive date, regardless if I later decide to purchase insurance from another firm after the term ends.  If you decide to switch providers, you need to notify the insurer so there will be no gap in coverage.  If you end up having a claim, the insurer hires local defense counsel to represent and defend you and the insurance policy pays for the cost of your defense.

It was nice to discover that the policy will cover both work that I do within my own practice and that for which I am hired as an independent contractor (e.g., if I work for another solo or a client from time to time).  If you are not sure you want to practice law full-time after a layoff but want to be covered for whatever case you might take on every so often, many insurers provide policies for attorneys working part-time (e.g., my insurer has a policy for 0 to 10 hours per week and another for 10 to 25 hours per week). 

Once approved, I sent in the premium which may be paid in full as a lump sum, or with a down payment on an extended payment plan.  I chose the extended option, which is the most typical choice of new solos who are usually closely monitoring their initial expenses.  

Many people I have spoken with have asked me whether they need to acquire “tail” coverage.  You should speak with your insurer about this, but I was told you need to acquire “tail” coverage (also called an Extended Reporting Period (ERP) endorsement) if your law firm stops buying insurance for any reason, such as firm dissolution or retirement.  I was told an ERP allows for the reporting of claims in the future to cover claims arising out of legal services you provided in the past. Otherwise, your prior firm’s policy should sufficiently cover you for any legal services you provided during the term of your employment.

Rob Shulman Uncategorized

It was not difficult to stay busy as a transactional attorney during the booming economy of the past several years. If you were willing to work hard, smart and be a team player, most partners at large firms had more work than they could handle from their clients and eagerly doled out assignments to associates like me so everyone could keep closing as many deals as possible. However, I, like many other lawyers, focused more on attaining the required billable hours and completing the work, and did not devote enough time to getting out of the office to network and lay the seeds for future business. When bank financing suddenly dried up last summer and work became scarce, many “worker bees” like myself were suddenly left to wonder about our long-term prospects at our firms. The majority of layoffs at firms across the country the past few months have targeted those lawyers without significant books of business. No one has been spared as associates, non-equity partners and even senior “service” partners have been laid off. While it is true the practice of law has become like any other business over the last decade, the past few months have shown that law firms are no longer willing to carry those who do not have significant books of business, even if it is leaving the ranks thin for the eventual rebound of the economy. I think this is going to continue to be the case after our economy recovers, as law firms continue to trim expenses, as more types of legal work become commoditized, and as even more lawyers continue to enter the legal profession, thereby increasing competition for the already limited amount of existing work.

One of the pleasant surprises of being laid off and deciding to start my own law practice has been how much fun I am having seeking out new business. I have been the participant in many in-house training programs on how to be a rainmaker. While you can surely pick up some good tips in those seminars about copying the habits of successful people, I have found the best way the learn to do it is to just get out of the office and start meeting with people. In order not to get overwhelmed by the task, I started off by making a list of everyone I knew. I was surprised after making the list at how many people I actually knew, both in and out of the legal profession. I then had lots of great phone conversations or in-person meetings. I quickly discovered most people are glad to offer advice regarding starting a business and how to seek out new work. Those initial meetings generated many additional leads which I have since followed up on, and so on, and so on and so on (much like the famous TV commercial for Faberge Organic Shampoo – if you grew up in the late 70s/early 80s like me).

I think we have seen a big shift this past year in the legal profession that may prove permanent. No one’s job, regardless of his or her pedigree, will be safe without a successful, portable book of business. I have been advising my friends who still have jobs at law firms, but who do not have any significant business, to be focused on the same goal. Rather than tether yourself to your desk all day and focus only on your billable hours, make sure to get out of the office at least a few hours a week to attend a networking event, speak before a group involved with your practice area, visit with existing clients, or better yet, make some cold call visits on prospective clients (it is how our clients get business after all!). This is not only healthy for your career, but also for your mind and body. The weather has been beautiful lately. See you on the street!

Rob Shulman Uncategorized

Hi, my name is Ron Boak, and suddenly, I’m a solo practitioner in Lansdale, PA.  The Philadelphia Bar Association has asked me to be a contributor to the Philly Solo Law blog.   I was laid off from a center city law firm 7 weeks ago.  I have several degrees in engineering.  Before becoming an attorney I worked as an engineer, and testified as an expert witness in various courts all across the country.  My legal career consisted of working at the legal staff of a major corporation, practicing in a boutique law firm specializing in products liability defense work, and lastly, working in the white collar and securities practice group of a large center city firm.  Along the way, for several years, I was the sole proprietor of my own consulting business.

Setting up my solo practice in the past few weeks has kept me busy.  As a result of visiting the Prothonotary’s offices in Bucks and Montgomery counties, I’ve sent out 30 letters to prospective clients advertising my legal services.  Other solo practitioners with whom I’ve networked have been very helpful.  In fact, one lawyer has allowed (actually, encouraged) me to use her business model as my own.  I’ve developed a firm name and ordered business cards.  My letterhead reflects my practice and personality.  There are a few bugs yet to be worked out, but progress is continuing.

My prior experience owning my own business has been helpful.  Among other things, working on my own has taught me how to pace myself, set goals, and organize documents on my PC as well as in my filing cabinet.  Paraphrasing Rob’s most recent Blog, there’s no shame in being laid off.  I tell everyone who asks that I’m looking forward to the future and applying my training and experience to a new paradigm.  Let’s have a conversation.  Working together we can learn much from one another as we develop our solo practices.

RonBoak Uncategorized

The common wisdom is to always look before you leap into something new. I think the more important step I took before embarking on my new solo career was to take a deep breath.

One of the key concepts in ashtanga yoga, which I practice daily, is to learn how to gain control of and regulate my breath. Many of us take our breathing for granted and do not realize how important it is to a healthy functioning body and mind. Beyond the crucial bodily functions of delivering oxygen for vital body processes and providing a means of removing toxins from the body, regular, deep breathing has helped me to remain relaxed in difficult times and to maintain the proper perspective on my professional career in connection with what is truly important in my life. I have also been able to quickly clear out negative thoughts and avoid depression that often plagues our profession.

Before I started practicing yoga, I used to sit at my law firm desk slouched over in my chair, staring at the computer screen, speaking with clients on the phone and reading and drafting documents, sometimes for hours on end without consciously drawing in and out my breath. When I became aware of what I was doing, I walked through the office and saw most others were doing the same thing! It is an unhealthy way to conduct your daily routine. It helps contribute to fatigue, a poorer work product and a weakened immune system. It is especially dangerous during times of stress like a layoff when you need to muster all your mental energy to grapple with the question of “Where do I go from here?”

Regular deep and conscious breathing, whether as part of a yoga routine or just as good habit, allows you to better hear your inner voice about what path you want to take in life. You may want to become a solo attorney. Or take that longer, dream vacation you postponed while you racked up all those billable hours for the past several years (I highly recommend Latin America – less expensive than Europe and beautiful). Or try working in the public service sector (do you sit on any boards or know those who do that could use your expertise?). Or spend more quality time with your kids. Or just continue to look for a similar job at another law firm, but without any desperation and with a solid plan. I suggest starting each day with some deep breathing and/or meditation in order to get some oxygen into your brain and so you can chart out what you want to accomplish that day at the office or in your job search. Most importantly, when you start to get stressed out, try to breathe deeply through the frustration or anxiety until you calm yourself and are able devise a solution that works best for you.

Rob Shulman Uncategorized