Et tu, Brute?
I feel to some extent like I have been flogged, stabbed, beaten, or banned from the city for leprosy (metaphorically speaking of course). And for what? For suggesting in a prior post that a new solo forgo the thought of staff and outside space and learn to excel in his chosen practice area by himself. No less than 23 emails telling me what a cooky cuss I am. How I must be out of my mind. That is not what lawyers do. That I was a bit too hard on the young lawyer. You would think that I am Don Imus.
I will cop to being a little harsh. However, what I said is at least the starting basis for any Third Wave practice. I call it downshifting. For the newly initiated it is just forgoing the upshift.
Look, I might be a few fries short of a happy meal. That is for you to judge. All I can tell you is that I have been to the promise land and, in this instance, it was not as advertised. So, I came home and have felt satisfied. I strive to tell you what has worked for me. I do not sell you anything. I do not profit in any way from the advice. I just try to tell those interested how they can start off on a shoestring, hopefully succeed, prosper and have time for themselves and family. It is truly advice you can use or ignore as you wish. Read and take what I say to heart -- or not. It is really up to you. I will keep doing what I am doing, and you can do what you wish. I take no offense.
I must say, however, that images die hard. In the mid 80s I needed a recommendation to take the Arkansas Bar exam. I called this family friend and lawyer who was working for Big Law. I remember calling the firm and getting the receptionist. I explained to her what I needed. She referred me to his secretary and I explained to her what I needed. She connected me with his legal assistant and I explained again what I needed. She spoke to the lawyer in question and then set me an appointment. I arrived at his office at the appointed time and waited. His secretary finally came up to the reception area and took me back to his large office. I passed all of his staff. I sat down across the desk from him. I explained what I needed and why. He picked up his phone and called in his secretary. She sat down next to me and he dictated a letter to her while she took it down in shorthand. Then while we chatted, the secretary went back to her desk and typed the letter on her IBM typewriter. Then she brought the letter back to him, he read it and made several corrections. She went back to her desk again and made the changes by retyping the letter. She brought the letter back. He proofed it again and then he signed it. She made a copy and brought it back to him, who then gave the letter to me.
We also had a couple or few of shots of scotch while we waited. He asked me if I wanted a belt and I said no thanks. He said he did not trust a lawyer that did not drink. I told him it was 10 in the morning. He said it was after hours somewhere. So, I said why not. I needed the letter from him. He obviously needed the drink. I did not and regretted it when I was handling court appointments later in the afternoon. I am a good Catholic boy, I do not drink often, and it made me feel not so good.
I left that meeting in awe, however. I thought he really was the center of his own universe. The big office, in the big building, with all of this staff at his disposal, and a bottle of scotch in his office. A man of influence, I thought. That is what I thought I needed to be like (sans the scotch). That is where I needed to end up. Now I realize that that Second Wave set up is so wrong on so many levels. He was really in a palace of pain. I failed to see that all of these people were not working for him, but he was working for them. Call me selfish if you want, but I have learned my lesson.
If the Second Wave law firm is what you really want, I am not going to stop you. I do not wish to discourage you. Each his own, I say.









Chuck, I meet young attorneys all the time who are 'staffing up' believing it is the right thing to do, taking on expensive office space commitments believing it is the right thing to do, taking on partners and sharing their income because they believe it is the right thing to do. And for some, given their circumstances and personalities, it is the right thing to do. But more often than not I meet attorneys who are sweating as they struggle under the weight of overhead, feeding the overhead monster more than they are feeding themselves...those who without this incredible overhead would be standing tall bringing home excellent money and not feeling so overwhelmed if they have a short cash flow month...or two...or three. Not everyone can or wants to be home...not everyone wants to be 'alone'...a party of one. You are enjoying the benefit of hindsight, one of the few advantages of getting older as we get to look forwards and backwards. Some will heed the advice, others will have to live and learn. Others will say after learning that you were right, others will simply have a unique experience and tell people you were wrong. That's life and maybe they were right...for themselves. I happen to agree with you that for the majority overhead will destroy a young attorney starting out because they are more prone to ebb and flow in income. Older attorney's may not want the stress of being responsible for so much and so many mouths and they will benefit because they have a basis of comparison. And yet others, they will enjoy being the king of their little island. It's all a matter of taste and their personal learning curve. I've done them all (not just in the legal realm) and there's only one mouth I want to feed...and that's mine. Technology has made that possible.
Posted by: Susan Cartier Liebel | May 05, 2007 at 05:36 AM
Chuck -- Sorry for the delay in voicing my support for your post. Someone tell me where it is written that a lawyer has to have a staff. Hmmm!!! I don't believe there is any case law that we value so much telling us that we have to spend OUR hard earned money on staff. Like you, I do not have on site staff. Been there done that. Not going to do that again. When I opened my eyes and discovered that I was spending more on staff than I was on my own family, I decided enough was enough. And why. Why was I working my butt off so my staff could take it all home? I do use a virtual paralegal. I only use her when I need her and she works out of her house too. It is her second job and she loves it.
It is high time lawyers decide that maybe we should look at a different business model. With the technology we have available, we don't have to have on site staff to run a very successful law practice. Hell, we don't need that ivory town office downtown either.
Posted by: Grant Griffiths | May 05, 2007 at 07:58 AM
Chuck,
Whole-heatedly agree with most of your point about office frills, ect. We're in the process of cutting some unnecessary office expenses. What we've found is that simply we don't meet with people in-person much...1-2 times per month so why rent a space for that minimal time. Still not sure about how to "staff" most effectively. Without staff you're not a business and you're chained to your work I think to some degree. Good staff can bring a great return. Further, in my experience the practice is a LOT more enjoyable now with support staff than in my pre-staff days.
Posted by: Peter Olson | May 05, 2007 at 01:11 PM