Solo Practice Management: All The “How-To” Tips May Not Help

When I was writing the last post on finding time, I was in the process of looking to replace my virtual paralegal. Truth be told, I saw it coming since early February, when my then virtual assistant had been experiencing some challenges handling her time. Still, I tried to put off addressing the issue because she is really good at what she does, and we work well together. Besides, the thought of having to set aside time to search for someone new, and to train them, meant I had to stop and carve out time away from all my current commitments and projects. Eventually I couldn’t postpone it any longer—the anticipated discomfort of trying to make the current situation work weighed more than the pain of looking for the time to do this; the desire to avoid pain can provide such an impetus!

Last week I set out to find a new virtual paralegal. I hired him last week, after reviewing his resume and meeting him for lunch. But in the week it took me to get to this point, I realized that the true reason I dreaded the switch was that I didn’t have a way to get the new assistant up and going from the start with a minimum “waste” of time, without taking time away from the things I have to do or those I want to do.

With the old paralegal, I didn’t need to have “a manual”; our work history provided the undocumented way of doing things that worked. She had worked with me at one of the firms; and knew not only the practice area, but pretty much how I work as well. Of course, this means I have no real system to get the new person started other than sitting down and explaining as we go, as he encounters challenges along the way.

Obviously, this is not good because some day my new assistant and I may part ways; and I will be left in the same position—which is why the E-Myth book continues to make more and more sense. To avoid being in this situation again, then, I need to do have a manual for this virtual paralegal, and any others I may need.

We read (and write) about how to get the practice running smoothly
, how to get clients, how we can get a better handle on our time, our work habits, etc. For me the hard part has been knowing where to start doing any of this stuff—I see myself standing in the middle of a meadow, with all these “practice parts” strewn around, and wondering where the heck to start. So I’ve decided to just pick something and run with it, tinkering with it within the framework of the kind of practice I am building.

I don’t know if working on this manual for the paralegal position is the place to start in my quest to improve things. But it is a start. The way I see it, if I start using the framework from his book and system, using the kinds of tools that have been working so far for me, then I will at least be that much further along than I am now.

In the end, if all I do is read the “how to’s” without making a concerted effort to actually implement what seems useful to me (and tweak as I go), I’m just wasting time; time that I can allot to something else.

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Work Habits of a Solo Practitioner-Part II: How to Find the Time?

With all the hats we wear, it’s sometimes difficult to pause to really consider how we can get our practice to flow more smoothly in terms of getting the work done, doing the marketing, generating a profit and still have time for a life. Sure, we may have thoughts of trying one thing or another, but most of the time we get caught up in delivering the work and with the countless details that come up during the day. Personally, I find that it takes real effort to make time for thoughtful consideration of these things because it’s normal to spend the bulk of the day working on two rails: one rail is the work on individual cases and the other is the ad-hoc rail, dealing with whatever comes up during the day–which is why I found an exercise from The E-myth Attorney helpful.

In the book, Michael Gerber and his co-author attorneys suggest keeping a diary of everything we do for about a week—and they mean “everything,” including time you spend in the bathroom.

Well, the exercise turnout to be quite eye opener for me! I found out that fully half of what I do,I can delegate to my paralegal. Even though I have a lot of things in some sort of system—and “some sort” appears to be the key phrase here—I have a lot of room to make changes that will let me concentrate on the things I like to do as well as the ones I have to do personally.

Of course, now I have to find the time to look at these quasi-systems and see how to improve or do away with them. But I guess if I am going to make any progress, I can console myself with the idea that the sooner I start, the sooner I will be able to make headway on getting rid of things that are just a lot of busy-work compared to the benefits for the practice and myself.

Here are eight more tips from NexFirm’s David DePietto
, on how to keep control of your week. I think tip #1, on creating a task list for the week (I’m thinking a “to do” list, of course), may have a limited use unless we use the other 7 tips to do it.

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Frequently Asked Question: Do You Have a Website?

A few days ago I was having dinner with two lawyer friends. Inevitably, we got around to talking about the practice. One of my friends commented that she had to get her website up because she was frequently asked whether she had one and had hired a web guy to help her; she asked me to help her work on writing the content for it, which of course I will do.

Regardless of how tech savvy we may be, this will continue to be a more frequent question
from prospective clients for us solos, the equivalent of “do you have a business card?” It may even be a frequent question from new acquaintances we make as we network who may be sources of referrals. I’ve commented before about what’s keeping solo lawyers from having a website and how to go about putting up an inexpensive online shingle.

I’m betting that the most frequent hurdle for us is knowing where to start: what kind of site to build, what content to upload to it, is it time consuming, etc. Recently, E-Myth published an article on website strategies for small businesses. The article provides five categories of websites. As they observe in the article, a website is increasingly becoming “.. a valuable and necessary part of doing business.” Perhaps this article might be a starting point to build a site if we don’t have one yet.

If you’ve gotten over the hurdle of having a site up, consider posting a link to it in the comments so we can visit and see what your online shingle looks like.

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Work Habits of a Solo Lawyer

I have a friend, another sole practitioner, who pretty much works every day except Saturday; he does it as much because he likes his work as because he has a lot of it—a great “problem” to have. Because I used to do this in the beginning as well (except that my day off was Sunday), I can definitely relate to such an extended workweek.

No doubt that when we first start out, we need to invest whatever time it takes to build the practice; and we may be fulfilling the roles that in a more established business are delegated to others. But after a while, it becomes evident that we cannot do everything, especially as we grow a family.

I soon realized that no only did I want time off to have a life, it was a schedule I couldn’t stick to after the first two years. My mantra became “there must be another, easier way” to do this—“this” being able to continue as a solo practitioner doing the kind of work I like while being able to make a reasonably good living at it without working six days a week.

I don’t think there is an ideal set of work habits, as such, that a solo practitioner (or any other profession or position) has to have. What I have found out from speaking to other solos who work a “normal” work week, is that there is an ideal set of work habits that work well according to the solo who know his strengths and weaknesses. These strengths and weaknesses seem to be related to the time when we are at our best as well as the type of work we do within that time.

For example, I work best in the early morning hours up until about 1 p.m., but I am worthless between the hours just after 1 pm and about 3 pm—everything seems to take twice the effort as it did in the mornings. After 3 pm, I seem to catch my second wind for another two or three hours, and work seems to flow just as effortlessly as it did earlier in the day. Another solo friend seems to work best from about noon until 8 or 9 pm, no weekend work either.

But how effective and efficient I am during the time I actually work within my personal sweet spot depends on the kinds of things that I concentrate on—the kinds of things that I do well. I’ve had to learn to let go of some of the need for control of things which, when seen in the larger perspective of the practice, are important but not critical for me to personally handle, don’t play to my strengths, and don’t provide a valuable service to the client. It is the old “control” thing: I’ve had to learn to develop ways to delegate after appropriate training.

As we all know, more is not necessarily better. What about you? What works best for you in your solo practice when it comes to your work habits.

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Review: Premier Miami Issue of Attorney at Law Magazine (Mar 2011)

I’m usually not a fan of unsolicited email, but I am glad that the publishers of Attorney at Law included me in their initial mail out for their premier Issue. In case their email was high jacked by your spam program click on Attorney At Law Magazine to access their site and this issue.

I obviously have no clue what their future issues will contain, but this one is full of good information that we, solo practitioners, can get ideas to improve our practice in many, many ways.

My favorite three articles:

  • Marketing Secrets of Superstar Lawyers, starting on page 10 – there’s a lot we solos can use from this article to market our practice and have more clients consistently. While we may not care for all 35 tips, there’s probably at least five of them that we can use right away.
  • Increase Your Profits by Managing These Simple Yet Critical Numbers, starting on page 22 – The five questions which lead to the critical five numbers can definitely be an eye opener. I’ve only been tracking three similar versions of these five, so adding the other three will probably help me a lot!
  • The Right Results, starting on page 4 – this article discusses blogging for business development success. I’ve been resisting adding a blog to my site because of time constraints, but this article makes a good case for rethinking my priorities.

If you’ve looked it over, please share your comments about the above articles or any others that your found useful or interesting.

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21st Century Solo, Keeping the Conversation Going

Carolyn Elefant has a great follow-up on Jordan Furlong’s The 21st–century solo. Here’s my attempt to keep the conversation going on this topic which, like Carolyn and Jordan, I think is extremely important for us solos as the practice of law continues to evolve.

Jordan sees specialization, sophistication, collaboration and innovation as the four characteristics of a successful sole practitioner for the 21st century; and Carolyn provides specific examples of how we solos are doing some of that already.

But they both make two points separately which I’d like to tie together because I think they present a real challenge to most of us solos on a daily basis. Jordan’s point is essentially a warning that we solos should not become complacent in thinking that we may be exempt from “the recent revolution in the legal profession.” Carolyn’s is the observation that law schools are now, essentially, teaching/touching on the global structure of big firms/big structures while solo courses are just teaching the nuts and bolts of running a law firm—essentially just teaching solos to be “technicians,” to borrow from Michael Gerber’s concepts (this is my characterization of such courses, not Carolyn’s).

I think that we solos do run the risk
of being left behind (or playing catch-up), not because of complacency so much as because many of us are so busy trying to “keep the lights on” as Carolyn discusses on the subject of innovation. Many of us fail to see the practice as a business, and leave setting aside time to consider ways to integrate ourselves into this revolution. Many of us were never taught “the business of law;” and apparently the new batches of JDs, would-be solos, are still not being taught that from any meaningful standpoint.

Because some of us are busy keeping the light on we often fail to see that:

  • we do have to specialize;
  • we do have to become more sophisticated all around in terms of our specialized area, becoming more sophisticated not only in terms of the subject-matter but also technology, marketing and management;
  • we do have to take time to collaborate as we notice trends in our own now-specialized area(s); and
  • we must make the time to innovate across the above three areas.

More than anything, it is a mind-set that will keep us at the forefront of the legal profession and our own practice to ensure that we not only just keep the lights on, but that we actually enjoy and thrive doing so. No doubts it is a lot of work, but usually only in the beginning since we have so many resources at our disposal.

Maybe this is too obvious a point from those two blog posts, or just “preaching to the choir” kind of thing; I don’t know. I do know from personal experience that these things work, and that it has made a difference for me in terms of dreading Mondays or actually looking forward to stepping into the office.

If you write a post in response to any of this, please consider inserting a link in the comment here so that I can follow the discussion.

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One-Off Post: Dade County Bar Association Young Lawyers Section Softball Tournament

Yesterday, March 12th, the DCBA Young Lawyers Section held their softball tournament at Tropical Park. Local law firms, such as Fowler White, Kubicki Draper, Lydecker Diaz, and Weiss Serota, had teams competing with UM law students, and us; in all 16 teams met at Tropical Park. And the weather couldn’t have been better: clear blue skies and NO humidity, thank God!

Since Sept 2010, when our team was first formed, we have been playing every Friday night. We are not sponsored by any one firm—and our team name, Got Balls, reflects the fact that we don’t have a sponsor (yet!). (I don’t know how we ended up with that name, lol).

Our original intention was just to have fun, and we certainly accomplished that. But, even more, we realized how much we have grown as a team and individually. We learned that we are getting better the longer we play together; like most things, practice makes perfect, I guess. I personally have learned that I can throw, catch and hit; but I am worthless when it comes to running! I guess that should be an incentive to continue with my fitness plan du jour…no food, lots of exercise.

Our team pic (I’m second from right, front row):

Our Team at the DCBA TLS Softball Tournament

Along the way, we managed to surprise ourselves by actually not being eliminated early in the day. We were able to beat three other teams before being done in by the Sandbar Club…the Sandbar Club! They are sponsored by a local bar, the Sandbar of course…they had a great team! (Just goes to show you that booze will do you in every time, lol) We’re all looking forward to next year’s tournament.

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How to Make It as a Solo Practitioner: Getting Paid for Our Services

I am a firm believer in having no accounts receivables. Of course, this is not always possible because of the nature of the case and because some of our clients need our help in paying us by entering into payment terms. So I always shoot for the next best thing: making it easier for the client to pay up front as much of the fee as possible in flat-fee matters; in litigated cases where the client chooses the standard billable hour instead of the flat fee, clients pays the standard retainer.

The key that has helped make it easier for clients
to pay me as agreed is to spend some time clearly explaining to the client how and when they are expected to pay for the services I provide. As solos we sometimes shy away from discussing “the Fee.” In conversations with fellow practitioners about how we handle getting paid, I always think about the proverbial white elephant in the room; it’s there, but no one wants to really talk about it.

But the thing is that when you spend time discussing this with clients, including fees to be paid up front and how future payments will be handled, clients are relieved because they know what to expect, will not be surprised later, and can budget better to pay for your services—or even to decide to scale back on some of the services while still letting you help them solve their legal problem. It’s been my experience that being clear about this results in almost no noncollectable amounts. For larger firms, this is not an issue; but for many solo practitioners it continues to be a challenge.

Getting paid on time is not really an issue for the solo practitioner who addresses fees with a client in straightforward manner, has at least a simple system to collect payments (especially if done electronically), and works the system consistently. This usually results in a higher quality of life for the solo. Our life is improved tremendously when we can concentrate on doing the work we love to do (presumably we still love it) without having to worry about how we are going to pay our professional and personal bills. From this worry-free zone, we can provide our best service to each client.

Consider sharing your questions, challenges and solutions to getting paid for our services by way of the comments. I am always interested in hearing the stories of other solos.

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How to Make It as a Solo Practitioner: Delivering Services to Clients Efficiently and Profitably

For us lawyers to stay in business, the business has to consistently generate a profit. That means our law practice has to bring in enough for us to pay our overhead and let us take some money home to take care of our family—even if our “family” is just a single, newly-graduated lawyer.

As we know, controlling overhead is the key to a profitable business. A solo practitioner setting up his or her solo practice will have to consider, for example, the following when it comes to overhead: telephones, computer equipment, perhaps software equipment beyond what comes standard with any computer, staff (a secretary or receptionist if justified by the volume of work), rent for a traditional space and some money (or time) for marketing consistently.

Thanks to technology, we can generate a good income (net profit) if we take some time to build a practice that will let us deliver our best service to our clients at a cost that by traditional standards is really minimal.

Controlling our expenses when it comes to these things leads to profitability and a higher quality of life as a solo practitioner. Finding out how they work and the cost is easy because of the availability of information, including reviews from users, which can be invaluable in terms of helping us decide which services to choose.

If you’ve found ways to minimize overhead that work for you better than others, I would love to hear about your experience.

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How to Make It as a Solo Practitioner: Marketing Your Services

Once we decide what kind of law we practice, we need to find ways to reach the prospective, paying clients who need and will benefit from our services.

I think most people confuse
sales with marketing, and that may be a reason why we tend shy away from this step. Marketing is not sales—I learned this after quite some time spent searching for ways to get the word out about what I do and who I do it for. For us lawyers, marketing is getting the word out about how you can help people solve their legal problems in a particular legal area, and get it in front of those people who most likely need and benefit from your services. It is not slick salesmanship.

To get away from the marketing-is-just-fancy-salesmanship mentality, I spent a few months researching this online. All of the material, whether online or through books, that I came across shared one main idea: know your client. From this will flow your marketing plan.

Essentially, putting together a marketing plan
involves the following three basic steps:

  • determine who will benefit from your services
  • find out where can you find them
  • determine how you can best reach them

The practical steps to writing your marketing plan is as simple as getting a legal pad (or creating a file on your computer) and writing these things out. When you do this, you have a record that you can go back to and analyze what seems to be working or what you need to change, discard or just tweak. Not doing this may mean that you will be re-creating this particular wheel over and over as you wonder why something is not working.

Determine Who Will Benefit From Your Services

This means knowing not only the demographics (age, income, civil status, number of children, education, etc.) but also what they want and/or fear the most about their legal problem—their emotional concerns the pain they want to avoid or the benefit they want to obtain.

This isn’t about manipulating people. It is helping them avoid something that causes them a problem or gets them a benefit.

Where Can You Find Them?

Once you know who your target client is you have a better idea of finding out how to get in front of them. This involves considering ways to get in front of them directly as well as indirectly.

In terms of getting in front of them directly: Is it online? Is it with traditional print and radio/tv advertising? Will networking work better?

Indirect marketing involves determining who influences them—what kinds of people or professionals are they more likely to come into contact with? This will help you in building a referral network.

Determine How You Can Best Reach Them

This step is obviously directly connected to the second step. But when I mean “best” I mean reasonably affordable to you while getting the job done. For example: perhaps you find out that your target client responds to tv advertisements, but you cannot afford those. This being a blog about online tools, I would be foolish not to mention the obvious online alternative: videos on your own site (which you can learn to do yourself), or upload to You Tube.

It is no secret that the internet
is one of the best ways to market. (For me, as a solo practitioner, it is the only online legal marketing “tool”). It may take you some time to get up and running, but that should not be an obstacle to using it; after all, as lawyers we spend years getting our education…a month or two (or however long it takes you) should be a snap.

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