Why Young Lawyers Should Go Solo

I’m a young lawyer. I started law school in 2010, which was a scary time to be entering the profession. Jobs had disappeared and a scarcity mindset had taken root. I was relieved when I managed to find work, first as an appellate clerk, and then at several mid-size Seattle firms. But relief and satisfaction are two very different things and, after three years in private practice, I still wasn’t satisfied with my firm job.

So, just last August, I quit and started a solo practice[…]

via 4 Reasons Young Lawyers Should Consider Going Solo — NWSidebar

Post author Mark Tyson found that going solo was the right choice for him.  Why?

You can (and will) master the business of law

You’ll have to learn, by necessity, how to write a business plan, develop a marketing strategy, create key performance indicators, track conversion rates, and so much more. You’ll make lots of mistakes and learn from them along the way.

Being a solo allows you to lead with your values

I value organizations devoted to social and cultural enrichment. To support these organizations, I incorporated a sliding-scale fee model into my pricing structure, which allows me to offer reduced rates to those who need services but can’t necessarily pay market rates.

You are free to be creative

Writing interesting and useful content has been the creative outlet I hoped to find as a lawyer… I enjoy writing, so it rarely feels like a chore to blog, especially when a new prospect calls after reading my latest, or when one of my posts hits the first page on Google.

I only help clients I truly care about

When I opened my firm, I got some advice that’s shaped my approach to marketing: “Tell at least one person a day who your ideal client is.” The directive is to be bold, yes, but also targeted in your marketing. You’re not just looking for anyone who’s willing to pay your fee—you want someone who’s a good fit for you.

Mark’s main takeaway: Starting your own firm means battling insecurity every day, but the satisfaction is well worth it.

 

Six Steps to Reduce Stress

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Practicing law can be stressful. Lawyers are under constant pressure to meet deadlines and client demands, and law-practice environments can be highly competitive. If you find yourself feeling stressed or anxious fairly often, it’s time to take action. Chronic stress causes chemical imbalances in the body and can weaken the immune system, making a person more susceptible to serious medical conditions such as heart disease and cancer […]

In How to Reduce Stress in the Legal Profession,” posted on NWSidebarJohn Allison shares six steps to avoid chronic stress:

  • Choose a Legal Career that is Meaningful for You
  • Don’t Suffer in Silence
  • Set Boundaries Around Your Time
  • Give Back to the Community
  • Practice Mindfulness
  • Make Time for an Avocation You Enjoy

For each step, Allison offers sage advice. For example:

If you start to dread coming to work, take steps to identify the source of your discomfort. A conversation with a colleague or a supervisor might improve the situation. If you feel a disconnect between the culture of the organization and your personal values, accept the fact that you will not be able to change the organization’s culture. You might decide it’s time to start looking for another job. Whatever course you take, don’t simply hunker down and try to ride it out.

This post is a good read. Check it out. If you’re motivated to make some changes, free and confidential support is available from the attorney counselors at the Oregon Attorney Assistance Program.

All Rights Reserved 2019 Beverly Michaelis

Why Law School is an Investment in More than the Law

The following post is a good reminder that your law degree can be used for more than practicing law.

If 2019 finds you evaluating your career options, read on. Follow-up by contacting the attorney counselors at the OAAP who can meet with you one-on-one or refer you to career resources, including CLEs.

Featured on NW Sidebar: Why Law School is an Investment in More than the Law.

When Opposing Counsel Doesn’t Respond

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A recent post in NW Sidebar posed this interesting question.

While it is rare for opposing counsel to go MIA, it does happen. What steps should you take? Can you contact the adverse party directly?

Cut and dried rule

Oregon RPC 4.2 and Washington RPC 4.2 make no bones on this point. Direct contact with an adverse party is not permitted if you know the party is represented.  Exceptions are made in the case of consent, court order, if “authorized by law,” or when a notice must be sent directly to a party pursuant to a written agreement.

What to do

Post author Sandra Schilling makes some excellent recommendations:

  • Remember that non-communication from opposing counsel may be a deliberate strategy or delaying tactic. While lawyers have ethical duties of communication and due diligence toward clients, there is no specific rule requiring lawyers to respond to one another.
  • Make repeated efforts at contact. Warn opposing counsel of the consequence of continued nonresponse (you will contact the adverse party directly). Document your efforts.
  • Wait a reasonable amount of time.
  • Seek a court order if possible.
  • Otherwise, consider if the circumstances have abrogated your initial knowledge of representation. As Schilling points out, to “know” is to have “actual knowledge” under the rules. Your “actual knowledge” may be inferred from the changed circumstances (repeated attempts to contact, warnings to opposing counsel, and counsel’s nonresponse).
  • If you make direct contact with the adverse party, make sure you tell them to refer the communication to their attorney if they are still represented, and ask for documentation of termination if they say they aren’t.

I would add: at any point along the way feel free to use the Oregon Ethics Hotline: 
1-503-431-6475 or 1-800-452-8260.

All Rights Reserved 2018 Beverly Michaelis

Are You an Effective Negotiator?

In law, negotiations between parties can end in a win-win for both sides or they can break down and leave your client further from their objective. It’s a delicate dance that requires a clear understanding or your client’s needs and desires as well as those of the opposing party.

A recent NW Sidebar posts highlights these tips for negotiating effectively:

  • Adopt a negotiator’s mindset
  • Prepare yourself mentally
  • Stay focused on your client’s goals
  • Practice total awareness
  • Be honest
  • Know when to stop
  • Confirm agreements

Read the full post here.

Before the Beginning

You can’t focus on your client’s goals if you don’t know what they are. Negotiation is a serious subject. If possible, meet with your client in person. Be open to what the client has to say, but be prepared to curb his expectations.

  • If there are boundaries you feel you can’t cross, speak up.
  • Identify and verify lienholders and others who may have third-party rights to settlement proceeds.
  • Compile your costs to date (and likely future costs).
  • Use this information to discuss the difference between gross and net settlement values. Give concrete examples.
  • Allow the client time to think even if it appears you’ve come to a mutual understanding about how to proceed.

During Negotiation

During negotiation, keep the client informed. Technically, it may not be necessary so long as you are operating within your settlement authority.  However, keeping the client involved will give her a better picture of the overall process.

Remember: the ultimate decision to settle is the client’s, not yours.

After Negotiation

Don’t stop at confirming agreements with opposing counsel. Confirm the client’s consent to settle in writing! Let the client know the likely ETA of the settlement proceeds and what the disbursement process will involve (for example, waiting for a check to clear). Provide a written settlement accounting. A sample settlement accounting and checklist is available on the PLF website. Select Practice Management > Forms > Litigation.

All Rights Reserved Beverly Michaelis 2018