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GPSolo Magazine

GPSolo July/August 2024: Immigration Law

The Pros and Cons of Solo Practice

Jasmine Eileen Gomez

Summary

  • The author explores the pros and cons of solo practice, from the joys of autonomy to the burdens of administrative tasks.
  • The tradeoffs include flexibility vs. workload management, direct client relationships vs. isolation, lower overhead vs. limited resources, and potential for higher income vs. income stability, among many others.
The Pros and Cons of Solo Practice
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Attorneys navigating the world of solo practice often embark on this professional journey with a mix of excitement and hesitation. The freedom to shape your practice, choose your clients, and set your schedule can be incredibly empowering. However, it is not uncommon to chat with other attorneys who cite perceived negatives as reasons they wouldn’t consider this path.

My path to solo practice was driven by a desire to establish a practice on my own terms and become a valuable community resource as a bilingual attorney. The opportunity arose for me to participate in the Los Angeles Incubator Consortium, and since then, I have spent two and a half years navigating the world of solo practice. Despite having a vision, a business plan, and some savings for living expenses, things did not unfold exactly as planned. However, through adaptability and resilience, I have managed to begin laying the foundation for a successful career.

In this article, I will explore some pros and cons of solo practice, from the joys of autonomy to the burdens of administrative tasks. If you are on the fence about going solo, I recommend you read the following while reflecting on your strengths, weaknesses, and goals and defining what “success” means to you.

Flexibility vs. Workload Management

Pro: As solo practitioners, we have greater control over our schedules, caseloads, and work environments. We can choose the types of cases we take on, the clients we work with, and the hours we work.

Con: As solo practitioners, we are responsible for managing all aspects of our practice, including client management, case preparation, administrative tasks, and business development. This can lead to long hours and high levels of stress.

For me, flexibility and autonomy are the most attractive aspects of solo practice, but I’ll admit that the responsibility of wearing many different hats can be overwhelming. I often work weekends and late into the evening, but I can also schedule personal matters to attend to during a weekday, as needed—or properly schedule vacations throughout the year. Succeeding as a solo practitioner, for me, means that I have created a system that allows me to manage my time effectively and, most importantly, allows me the flexibility to focus on my family, my number one priority. No matter what, I know that every hour invested in my practice contributes directly to my benefit and success.

So, how do you manage the many responsibilities? Here are some examples of things you can do when you are feeling overwhelmed by the various responsibilities:

  • Set realistic goals. Break down larger tasks into smaller, manageable parts and set realistic deadlines for each. I suggest trying your best to maintain those deadlines but showing yourself grace if other, more pressing matters come up and you have to shift those deadlines.
  • Use technology. Use practice management software for scheduling, billing, and document management to streamline administrative tasks. Depending on your practice area, there are different software packages available to help practitioners streamline their work and stay organized. I recommend asking other practitioners in your practice area about the different tools they use.
  • Batch similar tasks. Group similar tasks together, such as making client calls or drafting documents, to minimize context switching and improve efficiency.
  • Delegate or outsource. Consider delegating nonlegal tasks or outsourcing certain services to free up time for casework and client meetings. Perhaps bring in someone to help with secretarial duties or look into a call-answering service to help with capturing client leads.
  • Implement time blocking. Allocate specific blocks of time for different types of tasks, such as client meetings, casework, and administrative work. Perhaps you dedicate one day of the week to administrative tasks and one weekend morning to marketing efforts, for example.
  • Take regular breaks. Schedule short breaks to rest and recharge, which can improve overall productivity. I’ll admit this is easier to say than implement on a day-to-day basis, but we all know the importance of taking small breaks, even going for a quick walk around the office (or your home, if you work from home).
  • Review and adjust. Regularly review your time management strategies and adjust them based on what works best for you. This point cannot be stressed enough. A colleague of mine shared that she sets aside a day each quarter to review her business practices and make adjustments as necessary.
  • Protect personal time. Set boundaries to protect your personal time and avoid burnout. Prioritize self-care and activities outside of work.

Direct Client Relationships vs. Isolation

Pro: Solo practitioners typically work more closely with their clients, building stronger relationships and providing more personalized service. This can lead to greater client satisfaction and loyalty.

Con: On the other hand, solo practitioners may experience feelings of isolation or loneliness due to working alone. They may miss out on the professional collaboration that comes with working in a larger team.

As I mention below, there are various activities that will help you feel like you have co-workers without actually entering into a partnership or hiring employees. I personally network with other professionals often and regularly attend virtual “study groups” four to six times a month. Participating in these events lets me collaborate with other skilled attorneys and helps me feel a sense of community, decreasing the potential to feel lonely while working at my office or home.

Here are ways to minimize the risk of isolation and feelings of loneliness:

  • Join bar associations and legal groups. Participating in local or specialty bar associations can provide opportunities to network with other legal professionals, attend events, and engage in community service. Many associations have free membership opportunities for law students and heavily discounted rates for the first few years of practice.
  • Utilize co-working spaces. Working in a shared office space can provide a sense of community and connection with other professionals, even if they are not in the same field. There are also co-working spaces for only lawyers and even some for specific practice areas.
  • Attend legal conferences and workshops. These events offer opportunities to learn from and connect with peers in the legal industry, potentially leading to collaboration or mentorship opportunities. I have especially found that older attorneys appreciate when younger attorneys attend these events.
  • Join online communities. Joining online forums or social media groups for legal professionals can provide a virtual community for sharing ideas, asking questions, and networking. For example, there are a number of attorney groups for different interests and practice areas on Facebook.
  • Participate in mentorship programs. Participating in a mentorship program can create meaningful connections with other attorneys, both senior and junior, fostering a sense of community and support. You may be able to find these mentorship opportunities through different bar associations—or even by asking someone to have lunch with you (without expecting them to agree to anything, of course!).
  • Seek out co-counsel opportunities. Collaborating with other attorneys on cases can provide a sense of teamwork and camaraderie, even if you primarily work alone. For younger attorneys, it also provides an opportunity to learn from other attorneys.
  • Join legal incubators. Joining a legal incubator program can provide a structured environment for growing a solo practice, networking, learning, and collaborating with other attorneys and legal professionals. Search for a legal incubator in your state if you are interested. As mentioned at the beginning of this article, I started my solo practice with the help of the Los Angeles Incubator Consortium (LAIC). Through LAIC, I started my practice with the support I needed to flourish.
  • Attend attorney study groups. Participating in attorney study groups can provide opportunities to discuss legal issues, share insights, and build relationships with other practitioners. I cannot recommend these enough. I have joined a few and started one within the LAIC community—these are incredibly helpful and truly make me feel like I have many creative, skilled co-workers to discuss different legal matters with.
  • Take breaks and socialize. It’s important to take breaks during the workday and make time for social activities outside of work. Solo practice can quickly become all-consuming, but maintaining a community outside of the legal profession may be helpful.

Lower Overhead vs. Limited Resources

Pro: Solo practitioners can have lower overhead costs than larger firms, including the cost of office space, support staff, software, and technology. This can allow us to offer more competitive rates to clients.

Con: Solo practitioners may have limited resources compared to larger firms, making it more challenging to handle complex or high-volume cases. Depending on the practice area, there may be more time spent comparing the different software and technology available in an effort to be cost conscious.

That being said, it is possible to access different resources and resolve this issue without necessarily having to invest in the many different options available to practitioners.

Here are ways solo attorneys can stay competitive with “less”:

  • Develop a business plan/budget. Solo attorneys should create a detailed business plan and budget to help guide their practice. This should include financial projections, marketing strategies, and an analysis of their target market. It can serve as a road map for the business and help in making informed decisions, including the different software/technology that can or should be utilized.
  • Embrace technology. Technology can be a great equalizer for solo attorneys. We can use legal practice management software to streamline workflow, manage cases more efficiently, and improve client communication. In addition to online research tools, a variety of companies are developing products for attorneys in specific practice areas. By staying informed and up-to-date, you can adjust your technology as needed.
  • Utilize local law libraries. Local law libraries can be a valuable resource for solo attorneys. They often provide access to legal databases, books, and other resources that can help with legal research and staying updated on legal developments. The law libraries near me, LA Law Library and Orange County Public Law Library, have access to the top legal research programs that I do not need often enough to pay a subscription for.
  • Visit law school libraries. Contact local law schools and ask if they allow attorneys to access their library, or access your alma mater’s law school library with an alumni card. These libraries typically have extensive legal resources, including books, journals, and databases, which can be useful for legal research and staying informed about the law.
  • Access discounted bar association memberships. Some bar associations offer discounted membership rates for solo practitioners. Becoming a member can provide access to networking opportunities, continuing legal education programs, and other resources that can be beneficial in identifying tools to stay competitive with firms of all sizes.
  • Seek out co-counsel opportunities. Solo attorneys can collaborate with attorneys from larger firms as co-counsel on cases that require additional resources or expertise. This lets solo practitioners benefit from the resources of the larger firm.

Decision-Making Autonomy vs. Risk Management

Pro: Solo practitioners make all the decisions regarding their practice, from case selection to billing practices. This can lead to a greater sense of control and satisfaction in their work.

Con: On the other hand, as the sole source of decision-making, solo practitioners may face greater risk in terms of malpractice claims or ethical issues, as they do not have the same level of oversight and support as attorneys in larger firms.

This is one of the most serious of considerations when deciding to go solo, in my opinion. Whether you are an attorney with five or fewer years of experience and are thinking of going solo or an attorney with 20-plus years of experience looking to go solo with a new practice area, you have an ethical obligation to ensure your decisions are informed by a full consideration of your state’s professional ethics rules. This is the reason I hear “older” attorneys typically cite as a reason why a “young” lawyer should not go solo. While I understand the reasoning and concern, I firmly believe there are ways to gain the competence needed to successfully start a solo practice, whether as a newer attorney or an experienced one.

Here are ways to minimize the risk of malpractice claims or ethical issues:

  • Keep current regarding ethics and professional responsibility. Stay updated on ethics rules and professional responsibility standards. Regularly review your jurisdiction’s rules and guidelines.
  • Maintain best practices for client communications. Maintain clear and open communication with clients. Document all communications and agreements in writing. Set realistic expectations and keep clients informed about the progress of their case. One of the most common reasons for bar complaints is lack of client communication.
  • Seek mentors. Seek guidance from experienced attorneys or mentors. They can provide valuable insights and help you navigate challenging situations.
  • Ask questions on attorney Listservs. Join attorney Listservs or online forums where you can ask questions and discuss issues with other legal professionals. This can help you stay informed and get advice from peers. Keep in mind that more recently, there have been conversations and an ABA opinion regarding client confidentiality issues in Listservs.
  • Attend continuing legal education (CLE) programs. Attend CLE courses regularly to stay updated on changes in the law and best practices. This can help you maintain your legal knowledge and skills.
  • Read practice guides and code books. Reading practice guides and code books (e.g., California Probate Code, my go-to code book) relevant to your area of law can provide practical advice and strategies for handling various legal matters.
  • Join attorney study groups. Joining attorney study groups or discussion groups where you can collaborate with other attorneys can help you expand your knowledge and receive feedback on your work. In the group I attend, we often have a speaker present on a specific topic and collaborate with different ideas for our practice area.
  • Volunteer at local law libraries. Volunteering at local law libraries can help you stay connected with the legal community and access resources that can enhance your practice. Some law libraries offer programs that provide volunteer attorneys the opportunity to assist members of the community in need of legal help. Whether you shadow a more experienced attorney or are competent enough to help patrons, this is a way to hear the cases of real people with real problems and point them in the right direction; you’re sure to learn a few (or a lot of) things along the way.
  • Get legal malpractice insurance. This is a must.
  • Contact your state’s ethics hotline. Do not hesitate to contact your state ethics hotline to receive guidance as available and as needed.

Ability to Specialize vs. Limited Expertise

Pro: Solo practitioners can choose to focus on specific areas of law that interest them, allowing them to become well-versed in their field and attract clients seeking specialized services.

Con: Solo practitioners may not have the experience or exposure that comes from working in a larger firm with attorneys specializing in various areas.

I have always (and probably always will) shy away from the thought of becoming a general practitioner, but I try to learn as if I were a general practitioner. For example, I practice in the area of probate, trusts, and estates, which has quite a few subsections under that umbrella, but I make a point of learning other areas of law that overlap with my areas, such as real property law, business law, and family law. I have zero intention of practicing in those areas, but learning more about those areas makes me more confident in my work as a probate/estate attorney.

Here are ways to combat limited exposure to various practice areas:

  • Attend continuing legal education (CLE) programs. Engaging in regular CLE courses can help solo practitioners stay up-to-date with changes and developments in various areas of law.
  • Network and find mentors. Building a network of colleagues and mentors, including those from different practice areas, can provide valuable insights and guidance.
  • Collaborate. Collaborating with other attorneys or firms on cases outside their expertise can help solo practitioners serve clients in diverse areas.
  • Utilize resources. Leveraging resources such as online legal research platforms, practice guides, and professional organizations can enhance knowledge in different legal areas.
  • Seek opportunities for professional development. Engaging in professional development activities, such as attending seminars and workshops or joining specialized legal associations, can broaden your expertise and help you meet more practitioners in different practice areas.
  • Consult with experts. Consulting with experts or specialists when needed can provide additional insights and support for complex cases.
  • Stay informed. Regularly reading legal publications and journals can help solo practitioners stay informed about trends and developments in various legal fields.
  • Stay curious. Always.

Adaptability vs. Marketing and Business Development

Pro: Solo practitioners typically need to learn how to quickly adapt to changes in the legal industry and market conditions, allowing them to stay competitive and responsive to client needs.

Con: Solo practitioners must actively market their services and develop a client base, which can be challenging and time-consuming, especially for those without a background in business or marketing.

The number one question I am asked when I tell people I am a solo practitioner is, “How do you get clients?” Understandably, this is one of the biggest concerns for people exploring a solo practice—especially those who have never developed a book of business. I do think it can take some trial and error to find what works for you, especially until “word of mouth” kicks in, but it is not impossible, and there are loads of options to try when looking for a client base. Find what works for you and do more of that. Personally, I network often and have received the most referrals because I speak Spanish.

Here are some options to try when building a client base. I don’t utilize even half of these personally, but by implementing some of these strategies and finding what works for you, you can effectively market your services, build a strong reputation, and attract a steady stream of clients:

  • Create a professional website. A professional website is essential for presenting your contact information and showcasing yourself and your services. Ensure it is mobile friendly, easy to navigate, and contains relevant keywords for search engine optimization (SEO).
  • Optimize for local search. Because many legal services are sought locally, optimizing your website for local search is important. This includes using local keywords, creating a Google My Business profile, and getting listed in local directories.
  • Create valuable content. Creating content such as blog posts, articles, and videos that address common legal questions or issues not only demonstrates your expertise but also helps improve your search engine rankings.
  • Engage on social media. Using social media platforms such as LinkedIn, Instagram, TikTok, and Facebook to connect with potential clients and other professionals in your field will help you share informative content, engage with your audience, and participate in relevant discussions.
  • Build a network for referrals. Forge relationships with other attorneys, professionals, and community members who can refer clients to you. Attend networking events, join bar associations, and participate in online forums to expand your network.
  • Encourage client testimonials and reviews. Positive reviews can build trust with potential clients. Encourage satisfied clients to leave reviews and testimonials on your website or review sites.
  • Engage in email marketing. Maintain a mailing list of clients and contacts and regularly send them updates, newsletters, or relevant content. This keeps you top-of-mind and can lead to repeat business and referrals.
  • Consider paid advertising. Online advertising platforms such as Google Ads or social media ads can help you reach a larger audience. Be strategic with your targeting to maximize the return on investment. Please ask around before committing to a contract for advertising.
  • Become involved in the community. Participating in local events, sponsoring community activities, or offering pro bono services not only helps your community but also raises awareness of your practice.
  • Participate in legal insurance programs. There are some legal insurance providers that pay attorneys, usually a flat fee, for services. This can be a good way to start building a client base. That being said, the most common reason I have seen for dissatisfaction among attorneys participating in these programs is the low pay for referrals compared to the amount of work done.

Potential for Higher Income vs. Income Stability

Pro: While income can vary based on factors such as location and practice area, successful solo practitioners have the potential to earn a higher income than attorneys at larger firms as they keep a higher percentage of their earnings.

Con: Solo practitioners may experience fluctuations in income as their earnings are directly tied to the number and types of cases they take on. This can lead to financial uncertainty, especially during slow periods.

I started my solo practice during a period that financially made sense for me. Because of my low cost of living at the time and some savings for living expenses, I knew I had X amount of time to figure it out and make it work. When people are used to a high, guaranteed income, especially if they have a family to support or high monthly payments for a mortgage or car, the idea of needing to “figure it out and make it work” may not sound so appealing. I believe that almost all the potential downsides discussed above can be overcome if someone truly wants to transition to solo practice, but this, to me, is the most serious consideration when deciding whether to go down this path: finding the “right time” to take the plunge. It took me longer than I planned to gain income stability after I went solo, but I know attorneys who were making more money within their first three months as a solo than they had been at their old firms! In my case, growing a book of business took time, but now it is consistently growing. That is not to say that there are no “dry times,” but during those times, I shift my focus to something I know will produce leads and move forward with confidence.

Financial management is crucial for solo practitioner attorneys to ensure their practice remains sustainable and profitable. Here are some tips to do so:

  • Budget carefully. Creating a detailed budget that includes all expenses and projected income will help you track your financial health and make informed decisions.
  • Separate your business and personal finances. Keeping these finances separate makes it easier to track business expenses, simplifies tax preparation, and protects your personal assets.
  • Manage your cash flow. Monitor your cash flow regularly to ensure you have enough funds to cover expenses. Consider setting up a cash reserve for emergencies.
  • Bill and invoice effectively. Establish a clear billing and invoicing process to ensure timely payment from clients. Consider using legal billing software to streamline this process.
  • Create effective fee agreements. Using written fee agreements with clients to outline the scope of work, fees, and payment terms can help avoid disputes and ensure you are fairly compensated for your services.
  • Reduce overhead. Look for ways to reduce overhead costs, such as sharing office space, using virtual assistants, and outsourcing non-essential tasks.
  • Develop a tax strategy. Work with a tax professional to develop a tax strategy that minimizes your tax liability while complying with tax laws.
  • Plan for retirement. Set up a retirement savings plan, such as an IRA or solo 401(k), to ensure financial security in the future.
  • Get insurance. Consider insurance policies, such as malpractice insurance and business insurance, to protect your practice from unexpected events.

Personal Fulfillment

I hope I have demonstrated that, if you want to go down this path, there are ways to make it work for you with proper planning and support. As with anything in life, there are positive and negatives; you just need to determine what you want to do and take steps in that direction. Like so many other solo practitioners, I have found great personal fulfillment in my work, as I have the freedom to pursue cases and causes that are meaningful to me.

I encourage you to become actively involved in the ABA Solo, Small Firm and General Practice Division. Attending GPSolo Division events, especially the in-person events, and meeting the friendly, diverse, and successful solo, small firm, and general practice attorneys may give you that final push to make the transition into solo practice. Cheers!

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