Starting a Law Firm, Moving to a New State

Starting a law firm can be tough. Trying to build your new law firm can be even tougher. Starting a law practice completely from scratch in a new jurisdiction could be fatal.

Many times, people starting their own law firm will leave an old firm with a bevy of client who they had represented under the old firm’s moniker. This is a perfectly acceptable way to start a new law practice. It is done many times and it will continue to be done. Think about it – if you already have a client base (or “book of business”) intact, you don’t need to worry so much about marketing and client development. Your only real worries initially are setting up a new corporate structure, a new office and the vagaries that go with that, malpractice insurance, and general institutional kind of work. Don’t get me wrong, that isn’t easy, but it appears much more doable when you know you have clients who are going to pay for those things.

However, moving to a brand new state with no clients AND trying to start your own law firm, is a whole different ball game. Not only do you have to worry about the institutional kinds of things every lawyer starting a law firm has to worry about, you also need to worry about how you are going to pay for this stuff while you build a client base. The very idea of it would discourage even the most ambitious man.

This article is not meant to discourage, though, it is meant to enlighten. When moving to a new state to start a law firm, you, of course, must be licensed in that particular jurisdiction first. Once you are licensed, the game is essentially on. The name of the game is marketing – something nobody teaches you in law school. (As an aside, this is where a joint MBA/JD degree would really come in handy).

So, how do you market your new law firm when you are moving to a new state? Simple, you get out there and hustle-n-flow. Another name for it is “networking”. In order to be successful in any business, let alone starting a law firm, you have to network and create a network. After all, starting a law firm is all about people and connections. Your clients connect with you. You connect with the court and court staff, including the judge or jury. Your business colleagues connect with you. How do you connect, again, get out there with your name and do good work. Be organic. Plant a seed and make it grow. Sound tough? It is.

It takes time and effort and failure. One of the hardest things an entrepreneur is faced with is failure. But, failure can be a good thing if you make it work for you instead of against you. An entrepreneur learns from failure and turns it into a positive. Life is about experiencing, learning, and failing – and then getting back up again.

So, if you think you have it in you to accept failure and keep on truckin’, you may be ready to move to a state and start and build a law firm.

Productivity Profiles – The Lawyer

People are productive in many ways. There are a few — what I would call archetype productive — roles that are generic and performed by anyone without having the archetypical background. Think, for example about the lawyer. We are all at one or other moments in our lives a lawyer.

The term lawyer has a general use, in practice the activities of a lawyer is split up into two “careers;” that of the barrister and the solicitor.

“Solicitors have more direct contact with the clients, whereas barristers often only become involved in a case once advocacy before a court is needed by the client.” (Wikipedia).

This difference can be compared with that of the medical specialist and the more general physician “… a solicitor, like a general practitioner is the regular point of contact for a client, who will only be referred to a barrister (or … a consultant) for specialist advisory or advocacy services. … barristers tend to be instructed in complex litigation and in certain other specialist fields.” (wikipedia).

The difference in focus will bring a difference in productivity. The Solicitor operates more as a client relation manager. The barrister is the one involved in the plea and engaged in the process of convincing.

In business, the lawyers type of productivity is visible in a few situations, like that during discussions for example about a business case. “a devil’s advocate” can be anyone who pleas in favor or against (criticizes) a decision in order to assess the risk, impact or weakness of the decision to be taken.

Often, as lawyers are trained and educated in the world of language and where language is their main tool, lawyers are very skilled in presentation.
We only have to think about the recent democratic elections which both candidates having a background in law.

“…Rodham … specialized in patent infringement and intellectual property law,while also working pro bono in child advocacy; she rarely performed litigation work in court.” (wikipedia – Hillary Clinton)

“Obama taught constitutional law… worked as an associate attorney … worked on cases where the firm represented community organizers, pursued discrimination claims, and on voting rights cases. He also spent time on real estate transactions, filing incorporation papers and defending clients against minor lawsuits.” (wikipedia – Barack Obama)

From the democratic elections it is hard not to remember the archetypical productive roles of both Hillary and Obama, both with a background in law and both practising the productive role of the lawyer: which is to plea for their case in order to attract the public (vote or attention).

This is what people do when being productive, it is one of the most important roles. Whether in the office or at home.

Think about it.

H.J.B.

Understanding the Lawyers on Retainer Concept

In this life, people cannot do without the services of a good lawyer. Crime happens everyday around us. Sometimes we find ourselves in rare situations that make us suffer unfairly. Other personal circumstances such as bankruptcy, real estates and mortgage force us to hire lawyers. In one word, good lawyers are very imperative. Dealing with lawyers is not a simple thing. Many issues concerning hiring lawyers are crucial and they come first. For example, you many find yourself hiring lawyers on retainer. These lawyers are not any different from those you know.

The lawyers only ask for a retainer fee so that they can give you their services. What is a retainer fee? This type of a fee is on hourly basis. It is different from the normal charges you pay a lawyer because of defending your position in court. They include the following:

• Consultation fees – Before you can start working with a given lawyer, you have to set a few appointments with him or her.

• Research work – After listening to your side of story, your lawyer spends some time doing research to help you. You will have to pay for his or her time.

• Interviews – as the lawyer studies your case, you and him or her will look for possible witnesses. Then, your lawyer has to conduct an interview with each witness. Most lawyers want to receive a pay for their time.

Lawyers on retainer want only to ascertain your seriousness in the entire procedure. That is why they will ask for a specific deposit first. When looking for this kind of a lawyer, examine your budget first. Most people desire to save up money in legal matters as much as possible. You should look for a cheaper hourly rate lawyer. Some people do not take it kindly. However, if you think about it, you put aside huge amounts of money as down payment for the assets you love.

If you plan to hire a lawyer about a case related to the same assets, you should not feel bad if ask to pay a retainer fee. A retainer fee is just a small deposit compared to other types you have paid before. The more you refuse to pay the fee, the more you delay your justice. Even so, take your time to select a good lawyer. There is a big chance that you will sort out good lawyers from bad lawyers if you take your time. When you find a good lawyer, make sure that all retainer agreements are in writing.

Then you and your lawyer should sign the document. This is a good way of building a relationship with the attorney. The document should demonstrate how the lawyer allocates the money through out the legal procedure. You should not work with any lawyers on retainer if they cannot follow the document stipulating your agreements. The best place to look for these lawyers is the Internet. Many lawyers who could proof their expertise exist.

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