Why You Should Consider Hiring an Attorney Coach

If you have a dream of being your own boss and running your own law firm, think about hiring an attorney coach.  Whether you are just out of law school or have been practicing for a few years, an attorney coach can help you navigate the unique waters of opening a solo practice (or small practice).
1.  Doing it the Right Way the First Time Saves you Time and Money.
Using an attorney coach, particularly someone who has opened their own law firm, can ensure you follow the proper procedures and methods to get your practice up and running the right way.  This will save you a lot of time and money rather than having to go back and fix anything you might have missed (on top of handling all of your actual cases!).  Likely the reason you want to open your own firm is because you love practicing law and are good at it.  So focus on that and let someone else come in and help you with the business side of things.

2.  Personalize Your Relationship.
Your relationship with an attorney coach should be personalized.  If you want someone to handle it all, explain that.  You may, on the other hand, just want someone to check in with a couple of hours a month to make sure you are on track.  Just because you hire an attorney coach doesn't mean you have to spend a ton of money; figure out what's important to you and structure the relationship around that.

3.  It gives you more time!
Starting a solo practice is an incredible experience; it is exciting but it is also a lot of hard work.  In the time you are getting things set up, you might be missing out on valuable clients you could be taking.  Let someone come in and get you set up quickly and efficiently so you can start focusing on clients (and making money!) sooner rather than later.

Interested in what an attorney coach can do for you?  Give us a call at (804) 447-0146 or email us at clbaudean@baudeanlaw.com to see if we might be a good fit for you and your practice.

Establishing Practice Areas

Something you will need to do early on is establish what type of lawyer you want to be in your new solo practice.  For some of you, this might be easy because you're experienced in certain areas of law and enjoy it.  For others of you, it may be more difficult.

When I opened my practice, I received advice to put my practice areas on my business card.  While this is probably a good idea for more established solo practitioners, but for me it wasn't the best idea.  Here's why.

When you start your practice, unless you plan to be a general attorney, you will need to decide what type of law to practice.  For me, I started with estate planning, divorce and criminal defense.  I had some experience in estate planning and divorce law and criminal defense was intriguing to me.  As I progressed in my practice, I found myself interested in employment law and opportunities began to present themselves in that practice area.  Today, two years later, I practice estate planning and divorce still but have dropped criminal defense and added employment law and business law.  You see, choosing practice areas at the beginning does not have to mean limiting yourself; it is simply a starting point.

So how do you choose those initial practice areas?  Ask yourself these questions and see what answers pop up:

1) Do I have experience in any area of law?
2) If so, have I enjoyed that area of law?
3) What types of law intrigue me?
4) What types of law do my mentors practice?  (Note: if you don't have a mentor, read this).
5) What areas of law have I taken a CLE about?
6) What CLEs are available for different practice areas?
7) Do I enjoy being in the courtroom or behind a desk?
8) Do I enjoy problem solving or preventing the problem?
9) What type of work/life balance do I want?

Once you answer those questions you can start narrowing down practice areas.  For example, if you hate the courtroom, you can probably cross off divorce and criminal defense from your list.  If you hate problem solving and like preventing the problem, maybe you'll enjoy estate planning or business law.

If you are still having a hard time narrowing it down, ask your mentors to allow you to shadow some cases so you get a good idea of what all is involved in that practice area.  And if you get into a practice area and hate it or struggle with it, then remove that practice area and move on.  Remember, this is your firm and you get the control; your firm can transform as much or little as you want.

If you are thinking about flying solo or have recently opened your own solo practice and would like to talk about the process, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.

Observe! Observe! Observe!

I cannot say this enough: If you want to be a successful solo practitioner, observe other attorneys as often as you possibly can.  During the first 6 to 12 months of your practice, you are probably not going to be consistently busy with work.  It can be difficult during those times where you have little business to keep up your momentum and spirits.  Use that time wisely.  How can you use that time wisely?  Observe other attorneys.

Go to a courthouse that you practice in on a regular basis or hope to practice in on a regular basis and take a seat.  (Hint: you may want to look online or call ahead of time to see what the day's docket looks like).  You will see great lawyers and not so great lawyers.  Take notes.  Talk to the attorneys afterwards and if appropriate, ask questions.  At first you may feel uncomfortable just sitting in the courtroom when you don't have a case but it's normal.  Every attorney who is successful has observed attorneys in the past and likely still do so when possible.  Whether it was a senior partner or an attorney mentor, we've all done it.

And don't just observe the lawyers.  Observe the judges; this is especially true if you want to practice regularly in that courtroom.  First of all, the judges will get used to seeing your face in the courtroom, you'll get used to seeing them in the courtroom which will make your first few appearances in front of them a little less intimidating.  Pay attention to which judges ask a lot of questions (hot bench) and which judges just listen (cold bench).  If there is an opportune time, introduce yourself to the judge.  Even better, if you know an attorney in the courtroom well, ask that attorney to introduce you to the judge before or after their case gets started.

Aside from observing and learning from different attorneys and judges by watching, being at the courthouse is good for you and good for your practice.  You will slowly learn to mingle with the attorneys, which means more business contacts and more confidence in yourself.  You may even find a mentor in the process.  Many people say, and I certainly agree, you get business when you are in the courtroom.  It may not be your perfect golden case, but people who are appearing in court and need an attorney often ask other attorneys in the courtroom to take their case (before accepting their case, read this article, specifically about representation letters).

And in case you haven't heard yet, December is notoriously a slow month for just about all attorneys nationwide.  So take this slow month and make the best of it by learning and observing while you have the time to do so.

If you have opened your own firm or are considering "flying solo" and would like to talk about the process and experience, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.

Flying Solo: Marketing

Owning your own law firm can come with many stresses, one of the biggest being how to obtain new clients on a regular basis.  This is where your marketing strategy comes in to play.  Now, I'm a lawyer, not a marketing expert, but can provide you with my past experiences.

Know your target.  
Are you targeting divorce clients, criminal defendants, those in need of estate planning?  Each of those groups are going to look in different places to find an attorney to help them. It's important you think about this before you spend money on advertising.


Know your budget.
What kind of budget do you have to spend on marketing?  If you have a decent budget, think about hiring a professional to help you come up with a strategy.  If you don't have much of a budget, use your time, rather than money, on marketing.  What I mean by that is join free or low-cost networking groups to meet people and get your name out there or host free seminars to your target audience.


Keep track of your advertising returns.
Pay attention to where your leads are coming from.  It is simple enough to have a question on your client information form that asks where the prospective client heard of you.  Was it from that advertisement you spent a few hundred dollars on or was it from a person you meet at a networking event?   This is important for two reasons: you should focus your advertising on where you are getting seeing clients come from and you should thank those who refer their friends and family to you (make sure to ask the client's permission to do this). 

If you have the budget to do so, I would highly recommend using a professional in the marketing field to at least guide your marketing plan and provide some amount of advice.

If you own your own law firm or are thinking about "flying solo" and would like to discuss the process, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.

Flying Solo: Forms and Why You Need Them

Surely as an attorney you've heard about "forms".  What exactly is everyone talking about when it comes to forms and why is it so important? 

There are two types of forms attorneys refer to: firm management forms (forms that help you run a smooth operation) and legal forms (forms that make drafting legal documents easier in the long run).  While both are important, this post is focusing on firm management forms.

Firm management forms are a way to organize your law firm and provide consistent documentation of each case.  There are a few important forms that every attorney should use.  You may also want to check with your malpractice carrier to determine what forms they require or offer a reduced premium if your firm uses them (check out this post form more information on malpractice insurance). 

Client Information Forms. 
Client information forms should be filled out prior to consulting with any prospective client.  The extent of your client information form is up to you but my philosophy is the more information, the better.  The essential information you should obtain before consulting with a prospective client is: name, date of birth, address, related parties and the nature of the case.  This information should be put into your conflicts of interest check to ensure you are not representing the opposing party or someone closely related to the case.

Additional information you may want to ask for is: how does the client intend to pay, where did the client hear of your firm, how urgent is the client's case in their mind, etc.  This information can help you assess whether you want to take the case at the end of the consultation and what the appropriate fee may be for that particular case. 

Engagement Letters.
Engagement letters formalize your agreement to represent a client.  This is usually signed at the time the client pays your retainer fee.  You will want to include the amount you will charge, when payment is due, the results of non-payment by a client and when you can collect your fee (i.e. transfer from your trust account to your operating account).  This will protect you and the client in the event of a disagreement and should be signed by both you and the client and dated.  Other things you may want to include are: length of retention of the file (when will you destroy documents), expected time line of the case, how often you and the client will follow up with each other, etc.

Non-engagement Letters.
These should be used when you meet with a client but the client has decided not to retain you as their attorney.  This reduces confusion between a potential client and the attorney and protects you, the attorney, from claims that you represented the client when you did not.  These should make clear to the client that no attorney-client relationship was formed and you will not be representing the client.  It may be a good idea to inform the client that it is his/her right to seek other legal counsel (keep this in mind when a client comes to you with a claim that is subject to a statute of limitations).

Closing Letters.
These letters should be sent when a case is concluded and your representation is terminated.  This will clarify to the client that he/she should not expect to hear anything additional from you unless the client initiates communication.  This will also give the client the opportunity to let you know if he/she believes she needs something else from you (such as another copy of the final court order).  This can be accompanied with a final invoice or can be sent separately.

These forms provide a clearer understanding of the attorney-client relationship and what the attorney and client should expect to happen.  They also provide a basis for the attorney and client to reference if there is confusion or a dispute about a case and the way it is handled. 

If you are a solo practitioner or are thinking about "flying solo" and would like to discuss the process, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.

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.

Flying Solo: Get Certifications

You may have never wanted to do criminal law before or maybe you don't think you like divorce work.  When you're starting out, you may have to get past your likes and dislikes in the law.  Even if you don't like the practice, get certified for court appointed work.  This includes misdemeanors, felonies, and guardian ad litem work (for more information on GAL's, read here). 

As a court appointed attorney, the court will give you some amount of work.  The pay is not the best for attorneys but it is a good supplement for income to keep your head above water at the beginning at least.  It will also provide you with valuable training that can extend into other areas of law that you want to practice.  For example, as a guardian ad litem, you will interact with judges and attorneys who regularly practice divorce law.  You can observe those attorneys, learn from those attorneys and gain confidence in the courtroom. 

Depending on your jurisdiction, the requirements for these certifications will vary.  If you can't figure out what is required, ask more experienced attorneys, someone in the court system or call your state bar. Typically, there is a requirement that you obtain continuing legal education in those areas every few years or so.  Remember, just because you are on a court appointed list, does not mean you cannot seek help from more experienced attorneys, aka mentors (read here for more information). 

If you get into an area of law and find it's not for you, there is no requirement that you continue to practice in that area of law.  So when you're starting out, as long as you feel competent to handle the case, try out different areas of law and use your mentors to guide you along the way (you can always request someone co-counsel with you if you feel you will need a more experienced attorney). 

If you are a solo practitioner or thinking about "flying solo" and would like to talk about the process, contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.