Tag Archive: legal research

Solo & Small Firm Challenges: Survey Results

It’s no secret that 2009 has been a nightmare for lawyers. The disintegration of “big law” as the mainstay of our profession, lay-offs by law firms of every size, deferred hiring practices,  salary reductions, the rise of sole practitioners and  alternative fee structures have become routine as cash-strapped clients seek other means of resolving issues and demand legal fee reductions.  Just as our lifestyles may never return to their  pre-economic meltdown status, so the practice of law as we know it will never return, as changes made in the midst of necessity will remain as industry-practice standards.

That is not necessarily a bad thing. But change is difficult and never welcome. For lawyers, it also requires the need to forge new paths to a redefined meaning of a successful career. In a recent, albeit completely unscientific, survey asking lawyers about their experiences with what I knew to be current law practice challenges,  I received 62 anonymous responses. Their responses are consistent with generally accepted beliefs of  the effects of industry changes. They also reflect the absolute need to look to the use of new tools and resources to recreate a successful law practice. Here are the results:

  • 68.8% of the responders said they were forced to reduce their staff size as a result of the economic downturn
  • As a result of the reductions, they’ve experienced the following negative consequences:
    • Working longer hours, doing the work of several jobs
    • Had to take on more administrative work
    • Reduced ability to “have a life” outside of law
    • Spending significant time on business development
    • Anxiety resulting from lack of work
  • In the last 6 months, 62.5% of the responders had to work overtime more than 10 times to complete routine legal research and writing projects; 18.8% had to do so 7-10 times; 12.5% had to do so 1-3 times
  • As a result of the need to work overtime, they’ve experienced the following negative consequences:
    • Unable to keep up with routine preventive medical, dental & exercise appointments
    • Health has been neglected
    • Bored by work
    • Tired, lost weight, trouble sleeping, starting smoking, barely eat
    • Occasional exhaustion
    • Anxiety
    • Stay home all weekend to sleep and rest, rather than going out
    • Structure life around work
    • Less leisure time
  • In the last 6 months, 43.8% of responders had to reduce fees for legal research & writing time 1-3 times; 18.8% had to do so more than 10 times; 12.5% had to do so  4-6 times; 12.5% had to do so 7-10 times
  • As a result of reducing their fees, they’ve lost between 10 – 45% of income during that time
  • In the last 6 months, 81.3% of responders were asked by their clients  to reduce their fees
  • Regarding the use of law management software, 53.3% of responders use a combination of desktop and web-based applications; 26.7% use desktop only; 20% use no software at all; 13.3% use web-based only
  • Regarding retaining the services of freelance or contract lawyers, 68.8% said they have considered doing so
  • Following are the reasons why they have not done so:
    • Inability to vet material based on work needs, time sensitivity, research skills
    • Concerned about quality of work
    • Concerned about confidentiality, privacy and client retention
    • Too controlling

Just as our society must find ways of coping with our new economic realities, so too lawyers must look forward and embrace new ways of doing business in order to adapt. Simply cutting costs or making superficial adjustments will not sustain us, and those who do not grab hold of alternatives will not survive the crisis. The ABA Journal’s Legal Rebels project is one significant sign that remaking the legal profession is not just a passing fad.

What are those alternatives? Innovative use of technology and manpower is emerging as the primary path to future success.  The use of virtual law management systems, open source research sites, freelance and contract attorneys and virtual assistants offer opportunities to maintain and grow your practice while cutting costs and maintaining your health. Visit the ABA’s Economic Recovery Resources to gain more information on making your way through the revolution.

The past is gone. The future is now. Be here.


Lawyers: do you have time and resource management dilemmas that require creative solutions? Freelance attorneys and advanced technology are here to help. Take advantage of new and exciting ways to have both a successful law practice and a great lifestyle! Click here to contact me for a free consultation.

A Tale of Two Happy Lawyers

Last March, I left my in-house position in the real estate development department of an international retail chain with nothing on the horizon.  I didn’t care. I was completely burnt out, and thrilled to learn I didn’t even need to leave my house to apply for unemployment (apparently, they are no more excited to see us than we are to see them, so they let us apply online). I couldn’t muster enthusiasm for going on job interviews, which was a good thing since there were no jobs to interview for. In my spare time, I started playing on Twitter (which is the subject of a whole other post) and was subjected to my children’s ridicule for it.

One day I was standing in a checkout line, and ran into an attorney (we’ll call him Brad) with whom I had co-tried a case several years ago. We both had reason to complain. His practice had dwindled to the point where he had to let go of both his associates, but found himself working constantly because he had no one else to rely on at deadline time. Now he had agreed to coach his son’s little league team, but had no idea how he was going to fit it in. I told him my tale of woe, and together we fumbled through our purchases feeling very sorry for ourselves, indeed.

About 10 days later, I got a panicked call from Brad at around 3 pm. He had just finished throwing together a responsive pleading, but had to run off to practice. He wanted to know if I would be interested in editing and finalizing it for his signature the next morning. Having shepparded two sons through little league myself, I couldn’t say no. So he emailed me the document, I fixed it up all nice and pretty, and returned it to him ready to go. Right there and then, the light bulb went on for both of us: he could delegate projects to me on an as-needed basis and I could start earning money in the comfort of my own home, as they say. He could be the proud coach of his son’s team without stressing or needing to cancel practices and know that his work would not suffer. And me? I had the beginnings of a whole new era in my professional life.

As I busily worked to put together my business model (using Twitter, by the way) Brad referred his buddy (we’ll call him Mark), a partner in mid-sized business firm in San Jose. One of Mark’s clients, whose profits were declining, had warned that unless Mark could alter their billable hour arrangement and bring down legal costs, he would need to pull his account and go elsewhere. When Mark analyzed his client’s billings, he realized there was no way he could offer the same services for the flat fee arrangement the client had requested. But Brad had told him about his arrangement with me, and that I charged substantially less than market hourly rate. Mark calculated that if he hired me to do the work for this client, which would free him and associates to work on higher-paying accounts, he could retain the client, still make some profit and save face. The deal was on.

The changes in law practice economics require creative approaches if you want to keep your practice thriving. We all know that big law is faltering, associates are being laid off and law clerks aren’t getting those offers anytime soon. Every sector of our industry is being forced to think far outside the box to continue to serve our clients. Freelance lawyers are playing a big part in enabling solo practitioners and law firms of all sizes to stay in the game.

In my previous post, Why Outsource Legal Research and Writing Projects to Freelance Lawyers?, I discussed the theory behind the emergence of freelance law practices. But as Amanda Mineer states, “. . .despite their growing numbers, many freelance contract lawyers must fight the perception that ‘they are just between jobs or don’t have it in them to be a ‘real’ lawyer.’” (See: Lawyer for Hire: Freelance Contractors Change the Marketplace by Hannah Hayes.) In fact, the opposite is true: freelance lawyers offer services that enable law practices to grow and change with our current social and economic climate.

Nor are we foreign lawyers who crank out work in the impersonal and unsecure environment envisioned by many attorneys when considering outsourcing contract work. We are attorneys right here in your country, state, or town, with fully-functioning law offices who provide specialized services that solve other attorneys’ logistical or financial dilemmas.

Lawyers: do you have time and resource management dilemmas that require creative solutions? Freelance attorneys and advanced technology are here to help. Take advantage of  new and exciting ways to have both a successful law practice and a great lifestyle! Click here to find out how!
Lawyers: do you have time and resource management dilemmas that require creative solutions? Freelance attorneys and advanced technology are here to help. Take advantage of new and exciting ways to have both a successful law practice and a great lifestyle! Click here to contact me for a free consultation.

21st Century Legal Writing – Kiss the IRAC Method Good-bye!

LEAD WITH YOUR CONCLUSION – what?? I liked the IRAC method of presenting written legal arguments. It made sense. And maybe in some passive-aggressive sort of way, I enjoyed holding out on the judge by presenting the conclusion at the end.  Like, AHA! Bet you wouldn’t have figured that one out on your own.

That actually may be true for some judges I’ve had the pleasure of crossing paths with, but all the more reason to do away with the conclusion-at-the-end-thing and jump on the sound-bite train: lead with your conclusion. Yes, friends, IRAC is dead, long live CRAC – Conclusion, rule, analysis, cases.

It might seem strange, but think about it: what is the goal of your motion?  To get the judge to rule in your favor.  If you want to sell something, you don’t bore customers to death by itemizing the manufacturer’s details. You just tell them straight up why they need what you’re selling. Details come later.

So are we now supposed to waste our well-trained legal minds on writing advertising copy?  Well, yes, says Steven D. Stark, Yale Law grad, writer, lawyer, consultant and national legal writing lecturer. He advocates consolidating your core legal theory into a good slogan. Start your pleading (yes, even a complaint), motion or brief with a solid introduction that states clearly what you want the judge to do and why.

This method not only gives the reader (aka the judge) the most important information first; it also helps you solidify your core concept and then enables you to easily link every fact or legal argument back to it. This keeps your writing focused, simple and free of unnecessary clutter (also a big no-no).

Here’s another great tip: don’t state your facts in chronological order. Can you imagine? Mr. Stark says there are only two groups of people who tell stories chronologically: six-year-olds (because that’s where they are developmentally) and lawyers (because we get brain-washed back into being six-year-olds). Present your most compelling facts first. If you don’t, they will get buried in the chronological story no one wants to read.

Our culture is one of over stimulation, and judges are no exception. They have way too much to read in a short period of time. Give yourself a the best chance to convince them you are right: grab them with your conclusion. Details come later.

Lawyers: do you have time and resource management dilemmas that require creative solutions? Freelance attorneys and advanced technology are here to help. Take advantage of  new and exciting ways to have both a successful law practice and a great lifestyle! Click here to find out how!
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Lawyers: do you have time and resource management dilemmas that require creative solutions? Freelance attorneys and advanced technology are here to help. Take advantage of new and exciting ways to have both a successful law practice and a great lifestyle! Click here to contact me for a free consultation.

Why Outsource Legal Research and Writing Projects to Freelance Lawyers?

A day in a lawyer’s life: you start out fresh, with that research project at the top of the list. Then the phone starts to ring: calls from clients you can’t ignore because they won’t put up with it anymore (it’s a new era, remember?). Calls from potential clients you don’t want to turn away. Then there’s my personal favorite: a surprise TRO that requires your appearance in court for the afternoon session. You return to the office at 3:00 pm, distracted, hungry and ready for a double expresso instead of lunch.

And there it is: that research you were going to do first thing. Time to put some quality legal analysis to work. Except at this point, you can’t even remember how to log into your research software.

Why do lawyers outsource research, writing and document drafting projects to freelance lawyers? Time, money and workflow management. Lawyers, particularly solos and small firms, wear many hats. When you are busy responding to immediate concerns, the hardest hat to put on is that of legal analyst and document drafter. It takes concentration, focus and quiet.

Hiring an associate is an option, but a costly one. As Lisa Solomon, in her book chapter  “Outsourcing Legal Research and Writing Projects”, published in Effectively Staffing Your Law Firm (Jennifer J. Rose, Ed; ABA, 2009), states:

“Another benefit of outsourcing legal research and writing on an as-needed basis is cost. Hiring an associate requires a significant investment in both time and money.  When you outsource legal research and writing projects, you pay only for the time it takes to complete the project, but when you hire an employee, you immediately add to your fixed expenses. . .Your practice may be busy enough to benefit from project-based outsourcing, but not busy enough to support another employee. Outsourcing is a wise use of your firm’s resources that can increase profitability.”

Ms. Solomon also notes that because the freelance attorney is free to concentrate on the project without interruption, it is often completed more quickly. Additionally, the ABA has issued a formal opinion that a lawyer is permitted to charge more than the cost of the outsourced work, so long as the charges are reasonable. All jurisdictions that have addressed the issue  are in accord with the ABA opinion, except Maryland and Texas.

And the best part: when you return to your office at 3:00 pm, you can actually take some time to eat a decent lunch rather than resort to your caffeine cocktail. Better for your health, your attitude and your dinner date!

Have questions or concerns regarding how to find a competent freelance lawyer, what types of projects to outsource, or other ethical issues? Please include them in your comments below and I will be happy to respond.

Lawyers: do you have time and resource management dilemmas that require creative solutions? Freelance attorneys and advanced technology are here to help. Take advantage of  new and exciting ways to have both a successful law practice and a great lifestyle! Click here to find out how!

Lawyers: do you have time and resource management dilemmas that require creative solutions? Freelance attorneys and advanced technology are here to help. Take advantage of new and exciting ways to have both a successful law practice and a great lifestyle! Click here to contact me for a free consultation.