Changing Gears in Economic Downturn
By Savina P. Playter
As the face of the economy changes, those
changes are reflected in each sector and industry. The legal
industry is not exempt from these rapid changes, and as lawyers
face an uncertain future, they must create a shifting paradigm
to manage their stress and legal costs. Even in these hard times,
there are ways in which lawyers can focus on gaps in their time
to forecast a more promising future.
Training
1. Attorneys can participate in bar association’s continuing
legal education programs, which seek to address issues related
to the housing crisis. Hot topics such as bankruptcy crimes,
foreclosure, and consumer debt are all areas that an attorney
can add to their current practice areas.
2. Developing expertise in a new practice area may mean seeking
guidance from a more seasoned attorney or representing a client
on a pro-bono basis under the tutelage of a sponsoring organization.
For example, the New York County Lawyers Association sponsors
the CLARO Project, which is a volunteer lawyer program for litigants
with consumer debt cases. This program facilitates new knowledge
acquisition through training sessions and practical expertise
developed by advising pro se litigants, as well as developing
skills in civil court procedure. Similar projects have been established
throughout the country. For example, the Clark County Legal Services
and Clark County Pro Bono Project in Nevada; the Pro Bono Project
in Louisiana; and, the Lee County Volunteers Lawyers Program,
all focus on consumer debt, credit, and bankruptcy issues.
3. Research the possibilities of becoming a part-time administrative
law judge (ALJ) for agencies such as the Environmental Control
Board, Department of Finance, and the Taxi and Limousine Commission.
These agencies offer a paid, flexible work schedule where an
attorney can maintain a law practice while serving as an ALJ.
Another excellent opportunity is through the American Bar Association
National Conference of Administrative Law Judiciary, which offers
a Judicial Mentor Program for attorneys.
4. Continue to build your skills and enhance your
visibility. For example, become a small claims court arbitrator.
Also, apply to become a guardian ad litem in housing court or
guardian, court evaluator or attorney for Alleged Incapacitated
Persons, pursuant to Article 81 of the Mental Health Law. These
opportunities are available nationwide. For example, the Atlanta
Volunteers Lawyers Association offers a program on guardian
ad litem, and the court website at http://www.utcourts.gov provides
information on becoming a guardian ad litem in the State of
Utah.
5. Get “plugged-in.” Visit any available bar association
or court law library and catch up on recent changes in the law.
Visit your law school to find out about programs. Join every
list serve available to you so you can access information about
free programs and connect with fellow attorneys.
6. Teach your paralegal, receptionist, or legal secretary a
new skill to help you become more efficient when the market picks
up.
7. If you have hopes of becoming a judge one day, volunteer
your time with a political club in your area to “rack-up” some
service points. Study the careers of retired and “sitting” judges.
Visit the mayor, governor, and congressional offices to learn
about the judicial screening process for nominations and elections
on the local and statewide level.
Marketing
8. Attorneys can create a plan of action to re-create
ties or strengthen ties to past and current clients. Creating
a postcard, which reminds clients of current and newly developed
practice areas, as well as providing a discount rate incentive,
may be objectives of this plan of action.
9. Attorneys may now be able to devote more time to market their
practice. Conducting presentations at senior centers, churches,
hospitals, and schools, among other entities in the community,
can help to increase the visibility of the law practice and bring
in new clientele.
10. Present your knowledge and expertise to fellow
attorneys and laypersons by writing an article on an area of
interest or assume a position of leadership. Bar association
committees are frequently looking for contributing writers and
attorneys interested in key positions within committees. This
will enable others to learn of your expertise and refer clients
to you in that area of practice.
Organization
11. Work on increasing your efficiency and effectiveness.
Catch up on billing clients. Determine if you have a well-organized
filing system. Is your computer software up to date? Are your
computer and email folders and frequently used forms organized
in a manner that is easily accessible?
Giving Back
12. With a little slack in your schedule, spend some time mentoring.
Accept interns in the office, who can help you develop creative
ways to market while you mentor them about the law practice.
Get involved in coaching a mock trial program if one is available
in your area. For example, the Thurgood Marshall Junior Mock
Trial Competition enables attorneys to coach a seventh- or
eighth-grade class in New York City while they learn about
the legal system and various legal professional careers to
which they can aspire.
13. With new knowledge of bankruptcy and foreclosure, attorneys
can inquire whether a local college is interested in having them
teach a class in an evening paralegal program.
14. With many nonprofits facing budget crises and possible collapse,
attorneys can seek to become board members to assist in ways
that generate income to help keep the organization’s mission
alive.
15. Attorneys can join a bar association committee to work on
community service projects. For example, participate in a hotline,
where attorneys assist callers on a range of civil issues such
as housing, employment, divorce, and bankruptcy. For example,
in the State of Massachusetts, the Volunteer Lawyers Project
of the Boston Bar Association established a hotline to deal with
trust and estate issues. Similarly, the Lawyer Hotline in Wisconsin
and the Legal Aid Hotline in Washington State serve the purpose
of having lawyers respond to basic legal questions posed by callers.
Reconnect
16. Whether it be friends, family, or colleagues, there’s
someone who may be worse off than you. Moreover, because of previous
time constraints, perhaps you couldn’t spend as much time
as you wanted with your family. Well, now’s the time! Find
low–budget activities such as hiking, visiting museums, church
concerts, discounted GEICO/AAA movie tickets. Inquire whether
you can participate in Working Advantage at www.workingadvantage.com,
a program offering discounts on cultural events in some cities.
In sum, attorneys should take notice of the changes in the legal
industry. However, this should not be a time for simply accepting
these changes. Attorneys should choose to navigate their own
path toward learning, adjusting and funneling their “gap” into
building meaningful relationships, which they will treasure for
years to come.
Savina Playter is an attorney with the Law Firm of Rodriguez & Fuentes, P.C. She was formerly an attorney to the Honorable La Tia W. Martin of the Bronx Supreme Court. Ms. Playter copresented CLE to the CUNY Legal Resource Network (CLRN) and is an adjunct professor at Hunter College. She lends her expertise as a small claims court arbitrator and coaches in the Thurgood Marshall Junior Mock Trial Program.
Ms. Playter wishes to thank her paralegal, Rhonda Ayers, for her research assistance in developing this article.
© Copyright 2009, American
Bar Association.