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  • October 18, 2010

    The new practitioner: Attorneys offer advice on starting, building, and maintaining a successful practice

    In tough economic times, more new lawyers are "hanging a shingle" or taking project work on a solo basis. Going it alone can be a daunting endeavor, but Ethics Counsel Tim Pierce and experienced solo practitioner Eric Raskopf have some advice for avoiding common practice mistakes.
    The new practitioner: Attorneys offer advice on starting, building, and maintaining a successful practice 

    By Joe Forward, Legal Writer, State Bar of Wisconsin

    Oct. 20, 2010 – The job market is tough for recent law graduates, and some are opting to go solo rather than wait for a job that might not come. And while going solo presents its challenges, some new Wisconsin attorneys are finding the resources necessary to make it work.

    Just ask Madison attorney Patrick Waters, who started a solo practice from home in 2007 after graduating from DePaul University Law School in Chicago. Now, two and a half years later, Waters says his practice continues to grow.

    “It was tough at first, and I really didn’t know where to start,” Waters said. “But I hustled to get work, met people that were willing to offer guidance, and now things are going pretty well.”

    But Waters, who gets most of his work by court and public defender appointment, admits that solo practice was tough starting out, and may have been different without the income that his wife generates from her job.

    “You have to hustle and be persistent,” Waters said. “Not everyone is cut out for that.”

    Others, like attorney Thomas Kamenick, work part-time on projects while looking for additional opportunities. Kamenick, who graduated magna cum laude from Marquette Law School in 2009 then served a year as law clerk for the Wisconsin Supreme Court, couldn’t find full-time work in the Saukville vicinity, so he tapped his personal network to generate work.

    “I’ve looked pretty hard for what little work that I have,” said Kamenick, who picks up real estate and collections work. Kamenick, like Waters, has the benefit of a working spouse to help make ends meet.

    Find a good mentor

    Other practice considerations

    Manage expectations. State Bar Ethics Counsel Tim Pierce said failing to communicate properly with clients is the cause of more bar complaints than just about anything. Noting the lawyer’s duty to communicate under the professional ethics rules, Pierce said managing expectations at the outset, and following through, is the key. Pierce reminds lawyers that they have a duty to keep clients reasonably informed about the status of a matter.

    Establish fees. When it comes to fees, Pierce said the new lawyer should draft an effective fee letter, be clear about the scope of representation, and draft and sign quickly after coming to terms. “When a client is presented with a demand, seemingly out of the blue with what they regard as an exorbitant sum, you can almost count on having a grievance filed against you in those circumstances,” Pierce said.

    Timely collection. At collection time, Pierce says to be courteous, upfront, and avoid lingering accounts. “Develop a policy and stick to it,” he said. “Don’t tolerate accounts receivable unless you want to do pro bono work. It’s fine to cut people a break, but you aren’t obliged to.”

    Be upfront about mistakes. Oconomowoc attorney Eric Raskopf said when it comes to the practice of law, all lawyers will make mistakes. But hiding them is the biggest mistake. “Be upfront about mistakes,” he said. “Don’t let them linger.” In addition, if you have a serious problem, Pierce said a lawyer should inform his or her malpractice carrier immediately, “or they may have grounds to deny coverage.”

    Review Rules of Professional Conduct. Pierce said it’s important to review the most current rules periodically, as things change. “At times, what seems intuitively correct, may not be,” Pierce said. When in doubt, call Pierce at the ethics hotline.

    Stay within your knowledge base. Raskopf says the “day of the general practitioner is further and further behind us.” To avoid mistakes, avoid “dabbling” unless confident in your knowledge base in the area. “If you don’t know how to do it, and you don’t think you are going to have the time and resources to figure out how to do it quickly enough to provide effective representation of the client, say no,” Pierce said.

    Go above and beyond. By doing more than a client expects, you will get more clients in the future and build your reputation, Raskopf says.

    Deal with bad clients. Even if hurting for clients, Pierce said: “If there is one thing that I could convey to newer lawyers, it’s the importance of being able and willing to say no when you should.” For instance, clients that are abusive to staff should be removed from your client list.

    Be cool. Treat staff, co-workers, court personnel, and others with respect. “The people who thrive, who are successful, and who enjoy the practice of law, are the men and women who treat everyone around them with kindness and respect,” Pierce said.

    Whatever the situation, new lawyers that work solo often enter legal practice with no safety net. Many new attorneys can’t find work at law firms, the traditional training ground for new attorneys. Tim Pierce, ethics counsel at the State Bar of Wisconsin, and Eric Raskopf, a solo attorney in Oconomowoc who has been in practice for 18 years, say it’s important for those new attorneys to find mentors.

    Raskopf encourages newer attorneys to get involved in mentoring programs or make contacts through other state and local bar associations. For instance, the State Bar offers opportunities to network with other attorneys through its 26 practice sections and four divisions, including the Young Lawyers Division.

    “You need to be asking for help, wherever you can find it,” Raskopf said at a recent webcast event sponsored by the State Bar of Wisconsin PINNACLE and the Wisconsin Association of Legal Administrators. Pierce and Raskopf discussed the challenges that new lawyers – especially solo attorneys – face in today’s legal environment, and ways to minimize mistakes.

    Pierce said he sees more new attorneys going solo in the face of tough economic times and stressed the importance of seeking a mentor to help when help is needed. He said more experienced attorneys are generally receptive when new lawyers reach out.

    “Usually, nothing is more pleasing for an older lawyer than having a younger lawyer come to them and ask for help,” Pierce said. Waters agreed.

    “It’s difficult to get feedback at first, to know how you are performing,” Waters said. “But I found that experienced attorneys are quick to offer younger lawyers help when they need it. You just have to have the courage to ask.”

    Bar associations, like the Dane County and Milwaukee bar associations, maintain mentorship programs that link experienced attorneys with the less experienced ones. The American Inns of Court also provides mentoring opportunities.

    In addition, Gretchen Viney, who practices in a small Baraboo firm and teaches lawyering skills to U.W. Law School students, advises inexperienced lawyers to turn to the State Bar’s Lawyer-to-Lawyer Directory when facing unfamiliar territory.

    The directory, available in the print Wisconsin Lawyer Directory and on WisBar.org, lists about 500 Wisconsin-licensed lawyers willing to share their knowledge in nearly 50 areas of law with other lawyers through brief phone conversations, free of charge.

    “I receive about four calls a month from lawyers looking for guidance, and I’m happy to point them in the right direction,” says Viney.

    Pierce recommends reading ABA Formal Ethics Opinion 98-411, the leading opinion on the issue of lawyers consulting other lawyers about cases, before approaching a mentor for advice.

    Getting started

    Milwaukee attorney Melissa Benko wasn’t sure that practicing solo was such a good idea at first. But with limited options, the 2009 Marquette Law School graduate asked around for advice.

    “Because of this economy, I see more and more new attorneys going into solo practice, or doing something on their own to sustain themselves,” Benko said. “For me, one of the biggest challenges was knowing where to start.”

    “Quite frankly, going solo seemed pretty scary to me,” said Benko, who practices in the areas of intellectual property, family law, personal injury, and small business. “But once I talked with someone, it didn’t sound nearly as difficult or impossible as I thought it would be.”

    Benko calls on former colleagues and her personal network to generate clients, but admits that she needs more work to remain sustainable in the long run. She’s going back to Marquette for a master’s in business administration, hoping to add marketing as a tool.

    In the meantime, Benko adheres to the sound advice of her friend and mentor in running a solo practice: Keep the overhead low.

    “You don’t necessarily need the latest and greatest technology in order to function as a small law office,” Benko said. “Resources can be shared, and others are free.”

    For instance, Benko uses Google Voice for a business line, a free service. She learned how to set up her own firm website, uses law library resources, and shares space to minimize costs. She also takes advantage of services offered by the State Bar, like the Ultimate Pass, to reduce her continuing legal education expenses.

    The State Bar also offers numerous practice-related resources to reduce a lawyer’s overhead. Members can access Fastcase, a free web-based legal research service, join email lists to connect with other attorneys, and join the lawyer referral service as a means of gaining new clients.

    According to Raskopf, Benko has the right idea. When thinking about advertising, office space, and other expenses, it’s important to be prudent and resourceful, he says.

    “Managing the money element is probably one of the most daunting tasks for a new lawyer,” Raskopf said. “It’s best to run lean and mean.”

    Running the practice

    As a solo practitioner in Rock County with no support staff, Kristen Zorbini Bongard types her own letters, pays the bills, keeps the calendar, and maintains documents and accounts. In other words, she runs the entire business.

    “Law school prepares you to be a lawyer,” she said. “But there aren’t many opportunities to learn the business-side of practice.”

    Bongard, who worked with the Walworth County Public Defender’s office before setting up her own shop, likes the flexibility of solo work, and relies on court and public defender appointments to maintain the practice. But she still feels the economic uncertainty.

    “There are great advantages to being a solo practitioner, but it still feels risky in these uncertain times,” Bongard said.

    But Bongard is finding ways to make it work. She calls on the public defender’s office, private bar members, and bar associations to help generate work, and she uses other resources to help with the business-side, including ethics counsel Pierce. Pierce offers advice on the resources necessary to prevent ethical problems.

    For instance, he stresses the importance of maintaining adequate document and case management systems, as well as a system to check for conflicts. Maintaining a trust account is also crucial.

    “Those are the two big management liability traps – you need a trust account that you understand and that functions correctly and some way to manage your caseload,” Pierce said.

    Pierce recommends that new lawyers scan the Office of Lawyer Regulation’s Trust Account Manual as a clear-cut guide of what is required. According to Pierce and Raskopf, maintaining both business and legal aspects of a practice are major sources of stress for new solo attorneys, and stress can lead to mistakes.

    Both hope new attorneys will tap into the resources that will help them avoid mistakes. And if the stress gets heavy, the State Bar’s Wisconsin Lawyers Assistance Program can help provide support and guidance. Linda Albert, WisLAP coordinator, says solo practitioners call frequently.

    “We’ve gotten a lot of calls from solo practitioners the past year,” Albert said. “We remind them they aren’t alone, and provide guidance to help them with many different aspects of law practice.”

    In managing a law practice, Wisconsin lawyers have many resources to make life easier. According to Raskopf, “using those resources will help you in your practice, and make you happier in the long run.”

    Other resources

  • Exclusive Benefits for the State Bar Member, State Bar of Wisconsin
  • Practice411, Law Office Management Assistance Program, State Bar of Wisconsin
  • Ethics advice, State Bar of Wisconsin
  • Wisconsin Solo & Small Firm Conference, Wisconsin Dells, Oct. 28-30, 2010
  • The Top Ten Mistakes Lawyers Make, PINNACLE and WALA webcast (OnDemand)
  • Developing Attorney Business Skills Webcast Series, PINNACLE and WALA
  • Wisconsin Lawyers Assistance Program, State Bar of Wisconsin
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