I continue to get inquiries as to how you start off doing a certain type of case when you have not worked as an associate or in the trenches of the practice area for years. I continue to give my typical answer -- you just start.
Is this not what law school is about? To train you to research, experiment, and the learn as you go?
No matter if you have practiced law for 20+ years as I have, you are still going to run into situations, or
have to venture into other areas of law of which you know very little. But, you can somehow manage these because it is an offshoot. The process is the same. But, here are my suggestions of the first steps you need to take.
1. Concern yourself first with just learning the basics. Read some general texts about the area of law. I find it very helpful to read through blogs on in the area, and to study the websites of firms and lawyers that practice in the area. Believe me when I say you will pick up the basics as you would with any primer. The idea is not to get detailed knowledge of anything, but help you feel knowledgeable enough to take the first step.
2. Find an experienced, reputable attorney that will work with you through the first few cases. Some might want part of the money, most of them will not want any of the money, but the point is to get some guidance. There are attorneys out there that will help and will be happy to do so. Almost everybody remembers starting off, and nobody likes that feeling of insecurity. There are a few jerks out there that will tell you that the secrets of the golden practice belong only to him or her, but we all know there are really no secrets. Move on and find someone that will. Cold call if you have no other choice. Read their blog and website and email them if you must. After all, you do not want them to do the work. You want them to supervise your work. If you cannot find an attorney, look to the high priced staff of more established attorneys. They know a lot, especially about procedure.
3. Find out if there is some reasonable modeling software for the practice area that other attorneys in your area are using. In some areas like tax, trusts, and consumer bankruptcy such software is a must. A lot of this software will help walk you through the process logically and will warn you about issues while inputting.
4. Join the various bars dealing with the practice area. Many of these organizations have guide books and form books that will walk you through the process. The State Bar of Texas, for example, has a detailed book that will literally walk you step by step through the probate process with forms.
5. Take some time and drop in on legal proceedings involving the practice area in which you wish to practice. If you intend to practice in the area of probate, you should drop in at the probate courts and just observe for several hours at a time. The same is true for bankruptcy court, creditor meetings, family law court, criminal court, tax court and the like. Do not let it worry you. Often time the cases being heard are convoluted and above your head. That is why the court is having to hear them. But, believe me you will learn a lot, and you will learn the players.
6. Tell everybody that you know or meet that you are or wish to practice in this particular area. After all, you cannot practice in a particular area until you have clients. You are not going to have clients if people do not know your wishes. So, shout it out.
If you do this you might not know everything, but you will know enough to take your first step.
Just remember, there is no experience like experience and the only way you are going to get experience is through experience, so get yourself on the way toward experience.
A buddy of mine and I were putting together an antique tractor that he was restoring and once he got it all cleaned up we decided to give the engine a once over, but have you ever taken apart a Minneapolis-Moline 445 LP utility tractor? Step one, get the service manual. You can't do anything worthwhile without cracking the books and learning something about it, even if you're a pretty good mechanic. Once you read up and get current you can turn yourself into a bit of an expert if you care to. Everything's like that.
Posted by: PerGynt | May 01, 2008 at 07:23 PM