Flying Solo: Things to Watch Out For

You've made the awesome decision to open your own law firm and now you're in the thick of figuring out logistics.  Here are a few things to watch out for when setting up your office:

Shared Office Spaces.  State Bars have regulations on using a shared office.  First and foremost, confidentiality must be maintained.  Secondly, your clients must know that the receptionist and other employees are not your full time staff.  Third, if you use it for a mailing address only, you need to let your clients know it is only a mailing address and not your full time office space.  A shared space may be right for you but remember, you and you alone are responsible for making sure your office space is in accordance with your state bar regulations.   There are similar issues when using a phone answering service that you need to consider as well. 

The Cloud.  Backing up to the cloud is becoming more and more common even in the legal field.  It sounds easy and there are tons of services that you can pay to use.  Again, you MUST ensure confidentiality is kept.  No one else should be able to access your files.  It should be a secure upload so that it cannot be hacked into.  It may also be a good idea to back up to another source as well (again, make sure it is safe and secure).

Clients v. Non-clients.  It can become very easy to talk with people over the phone or in person about a legal issue they may be encountering.  It's important you make it clear to those you talk to that an attorney-client relationship may not be formed at that time.  An easy way to make these relationships clearer is to use engagement letters, non-engagement letters and closing letters.  Set it out in writing what the relationship is and what the expectations are for that relationship. 

Conflicts of Interest.  Issues regarding conflicts of interest usually stem from not making the attorney relationship clear with prospective clients.  Set up a way to keep track of everyone you consult with (whether you use a case management system or a simple spreadsheet).  If you've consulted with them, you could face conflict of interest issues in the future.  BEFORE you speak to any new or potential clients, run your conflicts check to ensure there is no conflict of interest.  You should also keep the potential for conflicts of interest in mind when you consult with a mentor on a case.  Even when you client your client's identity confidential when talking with your mentor resources, a conflict of interest could arise from that consult.

This is a non-exhaustive list of things that should be on your mind when setting up your law firm and beginning to practice.  When in doubt, err on the side of caution and ask more experienced attorneys (remember, your state bar likely has an ethics hotline you could consult).  If you are opening your own firm or thinking about "flying solo" and would like to talk about the process, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.