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1. Low-pay domestic relations matters. There are many people who just don’t qualify for legal aid or other public lawyers but who need legal services and can pay a little. Five hundred dollars may be a reasonable fee for default divorce, but the client may only be able to pay $175 or $200. The established practitioner with established overhead can’t economically handle this case. You can, because you don’t have the overhead yet. It’s a quick fee and some legal experience for you.
   
2. Landlord-tenant disputes. No lawyer or client enjoys this kind of work, representing either the landlords or the tenants. Here again you can handle an eviction proceeding for a relatively low fee due to your lack of overhead and need for experience, and at the same time relieve another lawyer of an unwanted matter.
   
3. Out-of-office minor court appearances and minor proceedings. Lawyers don’t like leaving their office for a whole morning for some simple matter that will take a short time. Typical examples include perfunctory court appearances for such matters as continuances or minor judgment/debtor examinations. Attendance at depositions (where the deposition is a great distance from the office), perfunctory court appearances, debtor examinations, and attendance at medical examinations are other examples.
   
   In short, you do both yourself and the sole practitioner a favor when you handle a relatively minor matter at $50 to $75 an hour plus 35 cents a mile. The $150 or $300 you are paid for the morning will enable a solo to earn $500 or more staying in the office.

   There are several organizations that hire lawyers to make “one shot” minor court appearances, which can provide the new lawyer with some modest income and some court experience. Be aware of malpractice insurance issues.

4. Research, pleadings, investigations. These areas are covered by professional organizations and, unless you are in a geographic area where they don’t yet exist, you shouldn’t try to sell yourself to other lawyers on this basis. Once you “get your foot in the door” with the sole practitioner, you will get work of this nature, but you are competing with nonlawyers such as law students, etc., who actively solicit this business.

5. Minor low-pay criminal and traffic court matters. Here again there are people who want to contest a speeding ticket, but who can’t pay more than $300 to $500. The established practitioner can’t handle the matter at this price, but you can and should, both to fulfill the client’s need for legal services and to earn some money as well as get experience. To obtain this work, you have to make the other lawyer aware of your existence and availability to do this kind of work. The easiest way is to locate yourself as close to as many sole practitioners as possible. Locate yourself in a suite of sole practitioner lawyers or in a building with sole practitioners or in a block or in a neighborhood or town with as many sole practitioners as possible, as close as possible. Introduce yourself to each of them. Sit next to them at the bar association meetings. Tell them plainly and simply of your availability to do the kind of legal work described above.

   Go to bar association luncheons as often as you can and network, network, network. Don’t be embarrassed or ashamed to sit down at a table of eight or ten lawyers and introduce yourself, exchanging cards. Immediately upon your return to the office send each of the lawyers a letter relating how you enjoyed meeting them at this bar association meeting and are available to handle their overflow. Tell them you will call on them to ask in person, and then follow up with the lawyers whom you called. Don’t steal clients.

   Remember, you are being selected by the lawyer, not by the client. You want more work from the lawyer who is paying you. Therefore, when the “client” asks you to handle another matter, you are obligated to refer the client back to the referring lawyer. Remember, the overburdened sole practitioner wants to give you the work to get it off his or her desk. You must be aggressive and make yourself known to these lawyers as being available. Get close to them physically by being in the same suite, block, or area. Take them to lunch. Walk in on them during the working day and announce yourself. You have nothing to lose.

   At least one state bar is attempting to match the new lawyer’s need for fees with the overburdened sole practitioner’s need for help in a statewide service with a view toward giving the low-fee private practice client good service. In my opinion, this “matching” process may be the greatest impetus to private-practice growth since casualty insurance.

6. Remote or distant courts. If you live near a distant court house, you can let lawyers know you are available for minor court appearances, saving them the travel time to get there and back. An ad in a bar journal or an e-mail blast is a relatively cheap way to announce your availability.

Reprinted with permission of the author, Jay Foonberg.
Copyright 2004, Jay G Foonberg