By Nicole Heeder
Johnson Heeder LLP
By outward appearances, it can be challenging to distinguish a solo practitioner from an attorney at a law firm. Either way, most attorneys have to deal with opposing counsel dropping an ex parte motion on their desk on a Friday afternoon, or the transactional equivalent, when they have plans for an overdue getaway. Having to build a book of business is also not unique to solo practitioners. The same can be said for the long hours and stressful work environment. On the bright side, in solo practice, an attorney chooses their clients and has full control over their case load to balance the scales. However, there is so much more to it. So, what is the real difference and how do you know if solo practice is right for you?
These and other burning questions are melodically answered in The Killers’ 2017 hit, The Man. Substitute “one” for “man,” and these insightful lyrics hide the key to a gratifying solo practice.
I got gas in the tank
I got money in the bank
I got news for you baby, you’re looking at the man
I got skin in the game
I got a household name
I got news for you baby, you’re looking at the man
Gas in the Tank
Solo practitioners must always be prepared. Sometimes this literally means having gas in your car so you can drive to meet a client or interview a witness. Sometimes it means remembering to keep a suit in your office so when you inevitably show up to work in flip flops and a Hawaiian shirt, you can still make your appearance in front of the judge minus the humiliation. It always means having a backup plan, whether it be for vacation coverage, sick leave, or because your teleporter is in the shop. As a solo practitioner, most responsibilities will fall on you. Fortunately, there are solutions, including co-counseling with other solo practitioners who can share the burden.
Being a solo practitioner also requires seemingly endless energy. Not only do you practice law, but you also run a business every day. At a minimum, this means marketing yourself, rainmaking, business planning, and paying the bills. You do not have to be a financial wiz, but knowing the basics and having a driving interest in growing your business will make a difference in how you perceive your practice. Solo practice is not a 9 to 5 job where you can leave your troubles at the office. However, having systems in place will help you run your business efficiently and free up your time.
The solo life demands work-life balance, perhaps more than for the average attorney. At the end of the day, you need to be able to take time to be present for yourself, as well as your friends and family. A successful solo attorney has a support system and holds themselves accountable. If you struggle with self-discipline, your solo practice will die on the vine.
Money in the Bank
A financial safety net will help you avoid the midnight late nights, and keeping your overhead low will lessen the burden of giving up that steady paycheck as a salaried employee. If you have the self-restraint to work from home, do not be afraid to maintain a virtual office. Many attorneys do, and with current conditions, people are becoming accustom to lawyers working remotely. Teleworking has leveled the playing field. Clients have limited access to big fancy offices, and everyone can afford an elaborate Zoom background. While solo practitioners, at least at the beginning, usually work alone, as you grow, you will be able to stay competitive with larger firms by hiring a paralegal or receptionist, assuming you do not choose to take advantage of the endless virtual substitutes that exist to make your life easier.
Skin in the Game
You must want a successful solo practice. To wake up every day and devote your life to a business requires dedication to something more than just making money. If that dedication is lacking, you will wind up trading your money for time and the business may suffer. If your work feeds your soul, it will feel less like a job and more like a mission that drives you to wake up and fiercely face each day. Take the time to figure out what drives you and build your practice around that.
A Household Name
If people do not know who you are, they cannot refer business to you. Without clients, you cannot pay the bills. While traditional networking does not thrill everyone, there are various other ways to gain exposure, such as volunteering for community outreach, serving on boards, or sponsoring local events. Scheduling Facetimes with people, whether other lawyers or potential clients, is key as it can bring not only clients but resources to help build your practice. It also helps to have a niche practice that will draw in business and set you apart from others in your practice area.
Eleven years ago, a fresh new law grad, the ink barely dry on my license, I, rather impulsively, hung my shingle in an unfamiliar city without knowing a soul. I committed to focusing my solo practice on my passion, labor and employment law. I loved every minute of solo practice, until I didn’t. As it turns out, not wanting a boss does not directly translate to working alone. I coveted the war room, where attorneys meet to work through a case and strategize the win. To compensate for the lack of collegial interaction, I spent as much time as possible collaborating with and learning from other attorneys in the California Employment Lawyers Association, where, unbeknownst to me at the time, I would meet my future law partner.
After a long and winding road, and some serious soul searching that included a failed partnership experiment early on, I am embarking on a new journey, as a partner in a small firm. I learned along the way that a true partnership is a much better fit for me because I have someone to share in the successes as well as the tribulations. To be clear, I do not regret the decision to go out on my own. If you can and choose to commit to the fundamentals, then solo practice will treat you well. Should solo practice call to you, believe in yourself and do not be afraid to go all in.