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SmallLaw: Alone Again (Naturally): The Perils of Solo Practice

By Mazyar Hedayat | Monday, February 16, 2009

SmallLaw-02-09-09-450

Originally published on February 2, 2009 in our free SmallLaw newsletter.

Two months have passed since I've written for SmallLaw. For the record, my absence was not entirely due to writer's block. Despite making changes in the way I work to make time for my writing, I'm busier than ever. Not that I'm doing better financially. I'm just putting in more time at the office. Much more. Why? Because for the past year and a half I've been truly "solo."

(Not) Solo by Choice

My status is not by choice. I'd like to make that clear. My associate took another position in Q3 2007 and, despite having trained him and worked with him through thick and thin for 6 years, he gave me 2-week notice and was gone.

Since then my office has been an experiment in sole-practitioner hell. Mind you, I tried to replace him. Well, not "replace." Instead, I reasoned that with scads of technology in place I ought to be able to hire paraprofessionals, even clerks, and maintain the quality of my work.

Instead, I have chewed through 16 employees over the past year and a half — attorneys, paralegals, and clerks. Not one of them could fulfill even the limited function for which they were hired.

Finally in April of last year I fired the remainder of my good-for-nothing staff and vowed to do every job in the office myself. Since then I've missed an average of 20 calls a day, have constantly missed deadlines, am always behind in my work, cannot find time to research anything, never get to complete more than a single draft of a pleading, letter, or contract, have not slept more than 5 hours, have not taken a vacation, work on weekends and holidays, have had virtually no preparation for any hearing or trial, see my family for an hour a night before falling asleep on the couch, and have twice worked myself into the hospital.

But the worst aspect of the past few years is that prospects who were ready and able to hire me ended up going elsewhere rather than waiting for me to get started on their cases or just respond to them (my average response time these days is about 14 days).

Do You Feel the Freedom?

But that is a small price to pay for the freedom of being solo, right?

Being referred to as "solo" implies that I cannot inspire a group of like-minded professionals to work with me, attract enough business to grow my practice beyond myself, and/or I am incapable of investing to keep up with client demand. Yet none of those things is true. I have had as many as 10 people working at my law office, plus 3 at my title company and another 10 at my Web company.

But once I admit to practicing alone people begin speculating as to why. Social misfit? Poor hygiene? Anger management problem? Functioning alcoholic? Disciplined by the bar?

Yet blogs like My Shingle, listservers like the ABA's Solo Sez, and a prodigious number of writers, continually wax poetic about how wonderful it is to practice alone. Just between us, that persistent cheeriness seems a little forced, don't you think? Like that friend on their second marriage who can't wait to tell everybody how very wonderful their new significant-other is. Who are they trying to convince anyway? If it's so great to be solo, why let everyone else in on the secret?

Of course sole-practitioners offer many reasons why being an army of one beats working with other lawyers. They don't compromise, live life on their own terms, are masters of their own destiny, determine their own work-life balance, make as much money as they want, take vacations at will, and most of all they [insert your favorite cliche].

Not only that, but they answer to no one except themselves. And clients. And judges. And staff. And creditors. And the attorney oversight authorities. And the IRS. And opposing counsel (who cam ruin their week just by filing two motions at the same time). And sole-practitioners handle it all without seeking guidance or obtaining support because who can you turn to when you're going it alone? Good for them.

Joining the Dark Side

Could it be that practicing solo isn't as cool as some would have us believe? I'm still thinking it over, but in the meantime I continue to look for that larger stage. That group or firm where I can practice without having to count pennies, call upon staff to research and orchestrate presentations, pleadings, and trials without having to be sleep-deprived in the process, get paid for my work rather than haggling with clients who nickel and dime my every move, and (dare I say it?) find time to write and blog ....

But let's talk about that another time. I have a brief due and haven't begun writing it yet.

Written by Mazyar M. Hedayat of M. Hedayat & Associates, P.C.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Office Management | SmallLaw | Technology Industry/Legal Profession

Live From the TechnoLawyer Party: Mobile Legal Apps

By Sara Skiff | Monday, February 9, 2009

TechnoEditorial 02-09-09

We would like to thank the 102 people who braved the snow on February 3, 2009 to attend the TechnoLawyer Party (2009 Edition) in New York City. We'll have photos and a more detailed report on the festivities soon.

In the meantime, I'd like to share with you a short video interview of TechnoLawyer publisher Neil Squillante that was filmed just as our party was getting underway by West's senior communications specialist Angelique Schaffer and posted on West's Westblog. Angie was joined by Scott Augustin, West's director of communications. (You can see Angie, Scott, and Neil from left to right in the above photo.)

In the video below, Neil discusses one of his top five 2009 predictions for the legal profession — robust legal applications for next-generation smartphone platforms like the iPhone, BlackBerry Storm, and Palm Pre. Neil discussed this prediction and others in greater detail in his recent article, TechnoLawyer's 2009 Legal Industry Predictions.

Transcript
What's the top legal tech trend for 2009?

Earlier this year I published an article with my top five predictions for 2009. I think one of the biggest is going to be the development, the explosion really, of mobile applications for lawyers. With the advent of the iPhone, the BlackBerry, the next version of Windows Mobile, Google's operating system for telephones, I think that's probably going to be the big story this year, although it may take till the end of the year for us to really start to see it gestate.

Why?

Well lawyers have always been pretty mobile, and while they've always been described as technology laggards, the one thing that lawyers really adapted to very early and quickly were these mobile smartphones like BlackBerrys, Treos, iPhones, etc. The fact that you can now almost do anything that you can do in your office on these phones, particularly with these rich applications that are coming out, will change the way lawyers work and make their lives a lot better actually. They won't have to go back to their office after court, for example, to do something. They can get it done right there and then go home.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to lawyers, law office administrators, and others in the legal profession. We link to each new TechnoEditorial and dozens of other articles on the legal Web each week in our BlawgWorld newsletter, which is free. Please subscribe now.

Topics: Email/Messaging/Telephony | Laptops/Smartphones/Tablets | TechnoLawyer | Technology Industry/Legal Profession | TL Editorial | Trade Show Reports | Videos

Godzilla Attacks Law Firm Video Plus 61 More Links

By Neil J. Squillante | Monday, February 9, 2009

Coming today to BlawgWorld: Our editorial team has selected and linked to 32 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Live From the TechnoLawyer Party: Mobile Legal Apps (Video)

Six Don'ts for the End of Your Presentations

How Williams Mullen Capitalized on the Credit Crisis

This issue also contains links to every article in the January and February 2009 issues of Law Practice, and Law Technology News. Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: BlawgWorld Newsletter | Coming Attractions | Email/Messaging/Telephony | Laptops/Smartphones/Tablets | Law Firm Marketing/Publications/Web Sites | Law Office Management | TechnoLawyer | Technology Industry/Legal Profession | Videos

Are You a Simpleton or a Sophisticate?; Archive Web Pages; Adobe's Licensing Policies; Lynda.com Review; SnapDone Review

By Sara Skiff | Thursday, February 5, 2009

Coming today to Answers to Questions: Carolyn Thornlow discusses what the technology at your law firm says about you as a lawyer, Barry Hubbard explains how to create a free homemade utility for archiving Web pages electronically, Michael Vorel reviews Adobe's product license policies, Adam Drennen reviews lynda.com's Microsoft Word training, and Michael Campbell reviews SnapDone for simple document assembly. Don't miss this issue.

How to Receive this Newsletter
Published on Thursdays, Answers to Questions is a weekly newsletter in which TechnoLawyer members answer legal technology and practice management questions submitted by their peers (including you if you join TechnoLawyer). Like all of our newsletters, it's free. Please subscribe now.

Topics: Automation/Document Assembly/Macros | Business Productivity/Word Processing | CLE/News/References | Coming Attractions | Law Office Management | Technology Industry/Legal Profession | TL Answers

Florida Bar Scandal Plus 39 More Articles

By Neil J. Squillante | Monday, February 2, 2009

Coming today to BlawgWorld: Our editorial team has selected and linked to 40 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Twittering the LegalTech Trade Show

Billable Hours Giving Ground at Law Firms

How Proskauer Rose Capitalized on the Madoff Scandal

Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: BlawgWorld Newsletter | Coming Attractions | Law Firm Marketing/Publications/Web Sites | Law Office Management | Technology Industry/Legal Profession | Trade Show Reports

Our Backup Plan; Norton 360 Review; ActiveWords Versus Worldox; Canon-Based Scan Plan; Future of the Legal Profession

By Sara Skiff | Friday, January 23, 2009

Coming today to Fat Friday: David Ventker explains why his firm's backup system lets him sleep at night, Douglas Shachtman reviews Norton 360 and its online tech support, Fred Kruck reviews ActiveWords and its interaction with Worldox, John Ryan shares some paperless office words of wisdom as well as the scanners he prefers, and Claude Morgan comments on the power of community (and shares an upcoming book on the subject). Don't miss this issue.

How to Receive Fat Friday
Our most serendipitous offering, Fat Friday consists of unsolicited contributions by TechnoLawyer members. You'll no doubt enjoy it because of its mix of interesting topics and genuinely useful knowledge, including brutally honest product reviews and informative how-tos. The Fat Friday newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Backup/Media/Storage | Business Productivity/Word Processing | Coming Attractions | Copiers/Scanners/Printers | Document Management | Fat Friday | Online/Cloud | Privacy/Security | Technology Industry/Legal Profession | Utilities

Pathagoras Review; Seven Truisms About Legal Practice; BlackBerry Professional; DocXchange Review; Shared Office Space; Legal Survivor

By Sara Skiff | Friday, January 16, 2009

Coming today to Fat Friday: Andrew Flusche reviews Pathagoras for document assembly, Gregory Harper shares seven pearls of wisdom about the legal profession, Ted Brooks reviews BlackBerry Professional Software, Kathy Mergulhao reviews DocXchange, and Patrick Gann writes in with his experience sharing office space with a non-legal professional. Don't miss this issue.

How to Receive this Newsletter
Published on Fridays, Fat Friday is a weekly newsletter that features a grab bag full of genuinely useful product reviews and tips on a wide variety of topics. Like all of our newsletters, it's free. Please subscribe now.

Topics: Automation/Document Assembly/Macros | Business Productivity/Word Processing | Coming Attractions | Email/Messaging/Telephony | Fat Friday | Laptops/Smartphones/Tablets | Law Office Management | Technology Industry/Legal Profession

Foolproof Backup System; ScanSnap Review; eDiscovery Tips; Grades Schmades; World's First Laptop

By Sara Skiff | Friday, December 19, 2008

Coming today to Fat Friday: Harold Goldner shares the details of his impressive backup system plus we point to the best article ever published on this topic, Kurt Walberg reviews Fujitsu's ScanSnap, Martin Mayne provides several tips for a successful eDiscovery strategy, Carroll Straus responds to the grades versus knowledge debate regarding legal education, and Bill Baldwin reviews his experience using ThinkPads plus we track down the world's first laptop. Don't miss this issue.

How to Receive this Newsletter
Published on Fridays, Fat Friday is a weekly newsletter that features a grab bag full of genuinely useful product reviews and tips on a wide variety of topics. Like all of our newsletters, it's free. Please subscribe now.

Topics: Backup/Media/Storage | Coming Attractions | Copiers/Scanners/Printers | Fat Friday | Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | Technology Industry/Legal Profession

Switching to PCLaw; Herman Miller Review; HON Review; Timeslips Review; Dell Warranty; iTunes

By Sara Skiff | Thursday, December 4, 2008

Coming today to Answers to Questions: David Hudgens discusses his firm's switch from Time Matters to PCLaw, Andrea Phelps reviews the Herman Miller Aeron chair and her HON modular desk system, Carol Bratt reviews Timeslips tech support and the program's learning curve (and Timeslips responds), Brian Cluxton reviews Dell's on-site warranty and service, and Susan Billeaud explains how to tame iTunes on a PC. Don't miss this issue.

How to Receive this Newsletter
Published on Thursdays, Answers to Questions is a weekly newsletter in which TechnoLawyer members answer legal technology and practice management questions submitted by their peers (including you if you join TechnoLawyer). Like all of our newsletters, it's free. Please subscribe now.

Topics: Accounting/Billing/Time Capture | Coming Attractions | Entertainment/Hobbies/Recreation | Furniture/Office Supplies | Practice Management/Calendars | Technology Industry/Legal Profession | TL Answers

Web Clipper Reviews; Eorotech Ergohuman Chair Review; Adhesion Contracts; iTunes Tip; Secure Passwords Algorithm

By Sara Skiff | Thursday, November 6, 2008

Coming today to Answers to Questions: Doug Rice reviews Microsoft OneNote 2007, Evernote, and HTTrack, Robert Bass reviews the Eurotech Ergohuman leather high back desk chair, Steven McNichols discusses the dark side of adhesion contracts (citing a few personal examples), Fred Brock suggests a fix for those having trouble with iTunes and their CD/DVD drives, and Victoria Herring provides more information on creating a unique password based on a personal algorithm. Don't miss this issue.

How to Receive this Newsletter
Published on Thursdays, Answers to Questions is a weekly newsletter in which TechnoLawyer members answer legal technology and practice management questions submitted by their peers (including you if you join TechnoLawyer). Like all of our newsletters, it's free. Please subscribe now.

Topics: Business Productivity/Word Processing | Collaboration/Knowledge Management | Coming Attractions | Entertainment/Hobbies/Recreation | Furniture/Office Supplies | Laptops/Smartphones/Tablets | Privacy/Security | Technology Industry/Legal Profession | TL Answers | Utilities
 
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