General Solo & Small Firm Section May 1997 Newsletter Articles

 

Triumph! Electronic Methodology in the Small Firm Practice by Tom Mabry

Tips for Building Your Practice by John Threadgill

Lawyering Around the House by Mike Mollenhour

2/23/97, 11:38 AM . . .
Those entries of exact time and date were made by my word processing program at the click of a mouse . . . technology that elicited consternation and awe when Thomas F. Mabry, P.C., obtained its first Macintosh in March of 1994.
The Mac was user-friendly and welcome because this user thought that hardware meant hammers and nails and that software was a cashmere sweater. Gradually, though, I taught myself the nuances of the machine with several “_________ For Dummies” books and a fair assortment of trials, errors, sweat and tears. I began learning a new language along the way.
My first foray into the world of on-line research for my real “trials” occurred when the West Publishing rep advised that yes, they did have software for Macintosh, and, yes, they did have Tennessee law on a CD Rom disk, and yes, it
was affordable. Now there was a whole law library at my fingertips and the means by which to create nifty briefs and terrific pleadings. I won a couple of cases with unpublished opinions picked from the disk on the way to Court. The computer was remarkable, but then the hot news became the World Wide Web . . .
Today, I am wired: not in the sense of an existential reaction to law office tension, but rather in terms of computer literacy and an internet connection . . . a welcome to the brave new world of electronic law office technology.
Hooking up with an Internet Service Provider (ISP) for about twenty bucks a month for unlimited access, I used the second telephone line at the office as a part-time internet station, and I could also access law from the Web at home. The Tennessee Bar Association’s acclaimed Web site, TBALink‰ (at a real steal for $ 35.00 a year), offered access to case and statutory law and through it, my firm had access to the e-mail distribution of electronic slip opinions delivered to “our door&Mac253; each day.
I soon subscribed to free Internet e-mail discussion lists named TBALinkTalk, the Techno-Lawyers and MacAttorneys. From these on-line sources, I further honed my “cyber-research&Mac253; skills and from the marvelous Web, gained insight into the use of inexpensive software and research sites which provided—in a “virtual” blink of an eye—case and statutory law from virtually every jurisdiction.
Query: How has this technology affected my little ole law practice? Much like the car affected transportation when it was new to the mass consumer. I found that with some ingenuity the solo

lawyer could compete with the big firms on a not-so-big budget. Valuable time, energy and effort were saved where inundation and exasperation were fast becoming the rule. I took my Powerbook to seminars and depositions (“Is that a computer in there?”) and my Newton handheld computer to Court (“What’s the fancy gizmo, Tom?”). My productivity has increased and now I can actually locate “most” of my notes.
And the cost has not been unduly prohibitive. Really. Neither in terms of money nor time. Not compared to what I understand that the large firms are expending for their electronic access to the law and law-related products. Thomas F. Mabry, P.C., through its own free Web site and an e-mail address through the ISP, has contact with clients, attorneys and legal sources throughout the state, country and the world.
In the course of preparing this article on a Friday evening, I asked the Techno-Lawyers for input. By Saturday morning, more than ten responses had been generated. Attorney Alan Arfken of the Chattanooga Bar summed it up:
“You’ve already demonstrated the most effective use of electronic communication for the small or solo firm — instant collaboration and other types of communication such as formal and informal publishing, not to mention research options that are no longer $4.50 per minute.&Mac253;
Harold L. Burstyn, a patent attorney with the Office of the Staff Judge Advocate wrote:
”With four lawyers (two military and two civilian), our office is similarly situated to a small firm. I’m on the Internet every day, keeping up with news of intellectual property law, downloading cases (I don’t need star page numbers) and government documents, and limited patent searching. I also use e-mail extensively, both internal and external. Our claims people (one lawyer, one paralegal, both military) use the Internet to locate people and to download information for, e.g., medical malpractice claims.&Mac253;
Finally, Wendy Leibowitz, Technology Editor of the National Law Journal, opined:
“I think solos and small firms are leveraging the hell out of the technology, and it’s a delight. They are able to adapt to technology more quickly than the big firms, compete head-on with the big firms for business from tech-savvy clients like Dupont, and sometimes lead and advise their clients on using technology. Three points to cover: serving your clients from your homepage (at the bottom of this post there’s a good url of a sole practitioner); efficient time and billing systems (why should a solo or small firm person waste time with accounting matters?) and creating databases of your previous work to avoid reinventing your own wheel. That’s my two cents.&Mac253;
These e-mails were received within thirty minutes of my posting the request on the Techno-Lawyer listserver.
2/23/97, 1:38 PM. . .
That’s how long this article took to produce: a token of my gratitude to the electronic age and the encouragement that I’ve had to utilize this technology to its fullest potential in my small firm practice. I have also been encouraged to spend the remainder of this Sunday afternoon with my wife.
C U in cyberspace!

Please let me know if you have any questions about the technology used to construct this article.

Resources:
For those interested, this article was prepared using the following:
Computer and accessories: Power Macintosh 7100/80 with a 14 inch Apple monitor and Poweruser 105 Extended Keyboard; Mac Operating System 7.5.5; 28.8K Rockwell-based modem; Iomega 100 Zip Drive; Stylewriter II printer.
Internet Access: United States Internet.
Software: ClarisWorks (4.0v4) word processing; Netscape 3.01 Internet browser and e-mail provider; Retrieve It! 2.5.1 Search engine.

Tennessee Bar Association <http://www.tba.org/>
West Publishing Company <http://www.westpub.com/>
Substantive Law on the World Wide Web (Randy Singer, Esq.)
<http://www.mother.com/~randy/law.html>
Tennessee Governmental and Legal Research (Free site!)
<http://www.legalethics.com/pa/states/state/tn.htm>
Knoxville Bar Association
<http://www.tba.org:80/Bar_Associations/KBA/index.html>
Chattanooga Bar Association (Impressive; many links)
<http://www.voyageronline.net/cba/>
Thomas F. Mabry, P.C.
<http://www.geocities.com/~tfmabry>
H. Alan Arfken, Jr., Esq.
<http://www2.pair.com/cba/arfken-1.htm>
The Small-Biz & Lawyer Help & Wish Page (Christian Vinaa, Esq.)
<http://inet.uni-c.dk/~para-vin/bizstart.html>

“MacAttorneys ListServer” <macattorney@listservlaw.uoregon.edu>
Neil J. Squillante, Esq. &Mac253;The TechnoLawyer” <nsquillante@netsquire.com>
“TechnoLawyer ListServer” <listserver@technolawyer.com>
Randy B. Singer, Esq. (Co-author of: The Macintosh Bible) <randy@mother.com>
Advokat Christian Vinaa (Denmark, Europe) <para-vin@inet.uni-c.dk>
Harold L. Burstyn, Patent Attorney <burstynh@rl.af.mil>
Wendy Leibowitz, National Law Journal <wendyl@ljextra.com>
Thomas Mabry, Esq. <tmabry@usit.net>
John T. Threadgill, Esq. <JOTFIRM@aol.com>
H. Alan Arfken, Jr. <aarfken@pobox.com>
Manny Klausner, Esq., Los Angeles, CA <MKlaus@aol.com>

As a result of having worked with many of you during this year as Section Chairman as well as working with other Section Chairman and Small Firm Practitioners across the country, I have compiled a list of tips for building your practice which you will find below. Some of these I have learned on my own by doing things the wrong way and reaping the consequences.Others have learned by doing them right the first time.
For most of you, this will not be new information, but will perhaps be a reminder of some important things which we tend to forget while we are busy with the day-to-day mechanics of practicing law. I hope that you will find the following helpful.

Provide excellent service to every client and return phone calls promptly (within 24 hours).

Call a client on weekends or evenings when working on their case so that it will reflect his/her importance to you.

Always be prepared when you go to court or meet with a client.

Don’t keep clients waiting and make sure that your office is neat.

Always deliver on promises. Do what you say you will do and when you say you will do it.

Always discuss fees at your first meeting.

Don’t tell clients they have a good case if they don’t.

When you finish a case, thank the client in person as well as in writing and let him/her know that you accept referrals.

When you get great results, don’t avoid the right kind of publicity.

Have an open house.

Always carry business cards.

Always acknowledge referrals.

Always be nice to clients and to other attorneys’ secretaries because they talk to lots of people.

Send thank you notes for witnesses who testified for you.

Be professional to opposing counsel. They refer cases too.

Even if you do not take a client’s case, send a cordial letter because you may want to take his/her next case.

Be friendly to everyone. All people are potential clients.

Acknowledge a client’s award or achievement.

Maintain and utilize mailing lists.

Keep in touch with classmates.

Send Holiday cards.

Be active in church or civic organizations.

If an attorney refers a case to you, keep him/her up to date on the status.

Update your clients on changes in the law that affect them or their businesses.

Join the Solo and Small Firm Section of your local and state bar associations. Attend and participate in their meetings.

Keep your clients informed at every stage of the matter.

Be accessible.

Ask for help when needed, both professional and personal. Don’t be afraid to do so.

Laugh off and do not take yourself too seriously.

Do not take a client with whom you have a personality conflict.

Get a signed contract from the client or dictate an engagement letter setting forth the scope of the work you have agreed to do including the fee.

Work hard for your client and let him/her know you care about the case. Send a copy of everything you do. People want results, but they will recognize effort even if the outcome is not to their liking.

Be professional and courteous in all of your dealings with people.

When you complete a case, send a letter to the client ending your representation and thanking him/her for the opportunity given to you.

The friend shoved a copy of Money magazine into my hand. The cover photo showed an attractive woman, wearing only a big smile, taking a bath (suds appropriately all around), with a portable phone in her hand and a laptop poised close by ready for action. What looked to me like a glass of wine waited to replace the phone in her hand as soon as she finished transacting business. The cover read: “Make $100,000 a Year Working at Home!” The clearly intended inference was that one equaled the other. So what the heck, I thought, why not try it? Besides, where else but home can you get a liverwurst sandwich for lunch these days?
I guess I have become the ultimate do-it-yourselfer. I generate the letters. I stick the stamps on them. I post the mail and pick it up. I change the toner cartridge in the copier and fret when the “system” is down. I answer the phone. If I say I’ll fax you something, take it literally. There is no one else here to do it. I pay what little overhead there is. I’ve been doing this for over a year and it seems to be working.
At first, other attorneys asked me if this was just temporary, while I found something for real, or while I grew up, or while I got over an attack of the middle-age crazies. I have had fun with this. Sometimes when other lawyers ask me about working from home, I get dreamy or quizzical looks. I can see that they are having difficulty forming a clear mental image of an attorney working at home. Well, here are some recommendations (written in the second person for those who are considering such a radical move) from my experience designed to convey the picture of the lawyer working at home.

1. Clean up in the morning and at least put on good jeans.

2. Shave. Someone might come by. Most likely, this will be a neighbor, or the Schwans man selling ice cream, but you never know. However, rarely be seen wearing a suit. It helps keep up the mystique among the bar.

3. Get the phone company’s voicemail system. It’s cheap, reliable, works even when the power is out, and takes up no desk space, often at a premium in the home office. If your “out source” help also has it, it works like an internal voicemail system between the two of you. (I don’t really do all of my work myself.)

4. Comply scrupulously with the IRS’s “exclusive use” provisions regarding your office space. It’s already bad enough that most people think you are set up for business on the dining room table. While you’re carving out your own exclusive use law practice turf, you have the perfect excuse to fix it up just like you want. Go ahead, execute your dreams. If you always wanted that special room of your own, now you can have it. I got to hang my old guns and pictures of confederate war dead on the wall. My wife would never have tolerated them in the “house.”

5. Stuff the walls with sound insulation. Take down that flimsy door between the office and the rest of the house and replace it with an exterior, insulated door. That way, clients are less likely to hear the children yelling at each other while you are on the phone.

6. Try to set hours. The purpose for this discipline is not to avoid loafing and playing during the day. The purpose of imposing a schedule on yourself is so that you will know when to quit. With the work right there all the time and the allure of lawyering with a cup of coffee at your side and your favorite CD playing in the background, you might tend never to quit. I may break up the day between family and work but I find the workday stretches until bedtime. (This has actually become fun and it worries me a little.)

7. Law on Disc, or the West equivalent, and an Internet connection are a must. If you don’t like computering, stay with a firm which has people who do. I suppose it helps to have a niche practice. In my field, insurance defense work, few clients ever visit the office. Many insurance adjusters are in other cities. Some I’ve met only by phone. When conferring with business clients, both they and I prefer that I make house calls. Lacking a plaintiff’s or general practice, I need no lobby, waiting room or storefront appearance for clients. This would not work for everyone.

8. Show up for a Lunch & Learn from time to time. This keeps the rest of the bar from thinking you died.

9. Listen to the traffic reports on bad days. This reminds you that it could be worse.

Well, got to go. The guys building the deck have a question about the design, my daughter needs her dispute with her brothers mediated, and UPS wants me to sign for a package. Stop by and visit. I’m here day and night.