Student Lawyer, September 1997

Contrary to popular opinion, all lawyers do not work for large firms. Two-thirds of our nation's private-sector lawyers are small-firm or solo practitioners. And whether you are a case-briefing first-year or a job-searching, bar-cramming third-year veteran, there is a world of knowledge you should have about the many opportunities available in the solo and small-firm setting.

There are a number of advantages to working in a small-firm or solo practice. For one, it's flexible, because you don't punch in and you're not on the clock, explains 18-year solo practitioner Bruce Dorner, from New Hampshire. "If I need to take a day off to clear my head, I take it off," Dorner says. Every day is his call: He gets up, goes to work, makes decisions and moves ahead with them. "There's no consulting, conferring or getting permission," he says. Of course, he admits, there is a lot of responsibility in working solo. You must have a strong work ethic, because there will be times you will have to be there because no one can cover for you.

Mary Pat Toups of California agrees that being a solo practitioner takes high self-motivation, but as a perfectionist, she thinks it's worth it. "I did everything my way," she says. "I did not have to worry about the quality of any partner's work because I did it all myself." Mark Young, a Chicago lawyer, admits that there is a great deal of liberty in working alone but cautions, "Be prepared to work long hours, especially at first." He believes it's important to have an established practice before you attempt to do things like start a family.

Freedom and flexibility bring the opportunity to be creative. That includes taking on the cases you want, rather than having to succumb to projects that are handed down from above. Kathleen Martin, a partner in a small law firm in Minneapolis, worked in a large firm for 15 years. She doesn't miss its politics, game-playing, numerous meetings or countless task forces. "I was always writing reports," she says. Plus, she says, communication is much simpler in a smaller firm. In a small firm, you can't hide or transfer departments to avoid someone, as in a large firm. It forces you to have good working relationships.

Martin also likes having a say in how resources are applied in the firm. Instead of investing in a remote area of the firm, such as litigation or an international department, the money goes toward her cases and those of her five partners. While she says that working in a large firm was a great launching pad, she has come to prefer working in the smaller firm. "It's easier to control your own destiny," she says.

Practical experience is critical to getting a start. Solo and small-firm lawyers recommend clerking while you're in law school, or working through a legal temp agency upon graduation. Working for a firm in a specific field of law could mean excellent exposure to its courts and procedures. Italso would give you the chance to learn the law through research and writing, and it often means doing real work, as opposed to calculating billing statements or performing administrative tasks. Tom Manrriquez, who clerks for a solo practitioner in Chicago, notes the benefits of being exposed to a variety of cases and stages of litigation. "You get to see everything that happens instead of the bits and pieces of each case," he says. Chances are greater that you will see the courtroom sooner than you would in a large firm, where lawyers often have to wait a number of years to gain seniority.

Solo and small-firm lawyers are swamped with research, writing, filing and trial work and must hire clerks or independent contractors to work - often from their own home - for a set fee to alleviate the overload. According to New Mexico lawyer Rondolyn O'Brien, independent contracting is a growing market for lawyers. Independent legal contractors help the solo practitioner immensely by cutting overhead and providing savings to the client. "I don't think anyone realizes how much we value them," says Craig Hammond, a solo practitioner in Chicago. Law students or recent graduates filling these jobs gain invaluable experience and a foot in the door.

Contract lawyers also give small firms a chance to try out associates before hiring them full-time. If a contractor does a good job, the firm can reward him or her with a full-time offer. Small firms don't want to waste time and energy by hiring the wrong candidate. Contracting on an independent basis decreases this risk and creates the option of making an offer upon seeing good work. Laura Zelden, a recent law school graduate and solo practitioner in Columbus, Ohio, hired a neighboring lawyer's independent contractor after observing the woman's work.

While interviewing for a clerkship, the key is to sell yourself. This does not mean that you have to rank first in your class. Rather than looking strictly at class ranking, solo and small-firm practitioners often also consider an applicant's involvement in activities, people skills and ability to juggle competing interests. "I don't care how someone did in law school," says small-firm partner Brian Mahon of Connecticut. "The people I'm impressed with are the ones who can build good interpersonal relationships and are able to deal with clients." Bruce Dorner agrees, saying he would hire "someone who knows how to talk with people and not to people." Kathleen Martin admires someone who exhibits no fear about not knowing an answer. "Say I may not know the answer, but I will figure it out before the deadline,'" she advises. What impresses her the most? Show that you are a reliable candidate who's ready to make a commitment to the firm. "Know the firm to which you are applying," Rondolyn O'Brien stresses. "Don't send cover letters that look like a form letter; show a genuine interest in that particular firm."

Applicants who show an eagerness to work grab the attention of Jeffrey Tolman of Washington state. After years of working, he says, if someone gets a day off, it's going to be him - not the new associate. George Paul of Phoenix wants an associate who not only needs a job or must pay off his law school loans but, more importantly, wants to be a lawyer. John Busch, a primary shareholder in a four-lawyer firm in West Virginia, considers bar association affiliation in hiring because he values active participation outside the classroom and an eagerness to learn and use available resources.

One opportunity offered by bar associations are "bridge-the-gap" seminars designed to facilitate the transition between law school and practice. "You learn the nuts and bolts of practicing in the area and meet lawyers in the community," says Rondolyn O'Brien. Rather than constantly reinventing the wheel, solo and small-firm practitioners learn to network. They buddy up with a peer or find a mentor in the office next door or at meetings of their local bar association. Informational interviews with solo and small-firm lawyers are also helpful. Many solo practitioners called on friends and mentors for initial guidance when they launched their job search.

Finally, to practice, you'll need clients. Most lawyers advertise through bar association referral services or sign up on a limited-means panel, working on a fixed-fee basis. Laura Zelden suggests networking with other professionals, such as real estate agents and psychologists, to obtain cross-referrals. "There are lots of ways to promote yourself without spending lots of money," she says, suggesting everything from writing for a publication to public speaking. "It's a nice platform from which to get your name out," agrees Kathleen Martin.

Engaging in court-appointed work or participating on a legislation redrafting committee are also good networking options. Both provide opportunities to market your skills and let other lawyers get to know you. Mary Pat Toups devoted her time to learning lawyering skills while making a name for herself. She volunteered with governmental agencies and in the juvenile courts five days a week for the first four months out of school to gain clientele and practical experience. Once you get those clients, it will be important to keep them - which is why Bruce Dorner stresses good service above merely representing a client. "One satisfied client will bring you another client," he says.

As you prepare for your career in the legal profession, be sure to complete your education beyond the books. Remember, there are a vast number of solo and small-firm lawyers out there. Most are willing to share the advice they received when they started. Be willing to lend a hand, and more than one solo or small-firm practitioner will extend one to you.

Beth Manzeske graduated from Chicago's John Marshall Law School in June. Contributing Editor David James will be back next month.

September 1997 Table of Contents | Student Lawyer | Law Student Division
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