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"LEO TOBING"
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06/06/2005 04:33 [studi-hukum] Solo Practioner
PM Lawyer
Please respond to
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The Prestige of the Solo: The 'Cool' Lawyer
Special to Law.com
Kimberly A. Fanady
June 6, 2005
During my years of drudgery at several big law firms, I was often so
unhappy that I considered quitting the practice of law altogether. I just
couldn't figure out what I would do instead, so with a mortgage and two
cats to support, I decided to stick with law.
It took me a long time to realize that I loved my work, but I just hated my
job.
Now, I love my work and my job. Being a solo may not be for everyone, but
for me it's the only way to go. In fact, whenever I get calls from
headhunters, I proudly speak my favorite thanks-but-no-thanks line: "I'd
pour coffee at Starbucks before I'd go back to a big firm."
But what does the rest of the world think of solos?
FELLOW MEMBERS OF THE BAR
Lawyers at big firms tend to condescend to us. They think we opened our own
shops because we 1) couldn't cut it in the big leagues; 2) are stay-at-home
moms with kids and handle a couple of cases on the side; or 3) are naive,
starry-eyed, crusading do-gooders.
When I first went solo, the big-shot partner at my former firm rehired me
on a contract basis to finish off some open cases that I left him to
struggle with. On one case, I did all the research and wrote the entire
summary judgment motion (as I usually did for him), but he wanted to do the
oral argument himself. So he made me copy all the relevant cases and
highlight all the important parts (as I usually did for him) so he could
prepare for the argument. He didn't have time to prepare (he usually
didn't), so he was going to wing it. He asked me to come to court with him
"just in case" -- i.e., so I could dig him out if the roof fell in.
The case concerned whether an agreement was enforceable. Our side contended
that the agreement should be enforced because the other party had received
legal advice before signing it. The big-shot partner stood up and told the
judge: "And the defendant got good advice, too. A big firm represented him
-- not some solo practitioner with an office south of Market Street."
I was sitting right next to him at counsel table. I'd done every scrap of
work on this motion. I'd made him look good for seven years at the firm.
And he dissed me in front of the entire courtroom. I desperately wanted to
stand up and say: "Excuse me, Your Honor, but I'm a solo practitioner with
an office only half a block north of Market Street, so I think I'll be
leaving now."
But somehow, I managed to contain myself, and kept my mouth shut. Sadly
enough, though, I wasn't really surprised by his remarks, which seemed to
reflect the prevailing attitude among those at big firms.
But we solos should use this to our advantage. As the proverb goes, "Let
your friends overestimate your virtues and your enemies overestimate your
faults." Let them assume we don't really know what we're doing and can't
handle the work or the pressure. If we do our jobs to the best of our
abilities, sooner or later their overconfidence will come back to bite
them.
Of course, there are many, many lawyers who don't work at big firms, and
among them, solos are well-respected. Shortly before setting up shop, I
went to my 10-year law school reunion. My classmates were all encouraging
and complimentary about my decision to strike out on my own. And in the
ensuing nine years, I've rarely detected any snobbishness or attitude from
lawyers who work outside of big firms.
And even at big firms it's possible to find lawyers who don't harbor the
typical disdain for solos: the embattled and enslaved midlevel associates,
who desperately envy our freedom.
REAL PEOPLE
Among real people in the real world -- that is, those all-important clients
and prospective clients -- solos get plenty of respect. Savvy clients know
that a solo usually can do the same fine legal work for a lot less money
and with a lot more flexibility than a big firm can. Small-business people
know that because solos are also business owners, they understand client
concerns. Ordinary human beings who are facing (hopefully) the only
significant legal problem of their lives want a lawyer they can relate to,
have confidence in, and trust. Look the part, walk the walk, do the job,
and none of these clients will care that you don't have six names on an
oak-paneled door and polished marble in the bathrooms.
And in my social circles, I've found that my being a solo diminishes the
negative view that too many people have of lawyers. I was recently jogging
with one of the 25-year-olds in my running club, and she asked me what I
did for a living. When I told her I was a lawyer, she recoiled (an all too
common reaction), recovered, and then asked me where I worked. When I told
her I was a solo, she smiled and said, "Oh, you're a COOL lawyer!"
That was one of the best compliments I ever got. It more than made up for
that day in court when I was disdained as a solo practitioner with an
office on the wrong side of the tracks.
So the next time some officious big shot snubs you, remember: You're a cool
lawyer. You're a solo!
Kimberly Fanady is a solo practitioner in San Francisco. She can be reached
at [EMAIL PROTECTED] Read Ms. Fanady's bio.
Regards,
LEO TOBING
[EMAIL PROTECTED]
~ My precious, precious child, I love you and I would never leave you ~
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