Useful and free online resources for the sole practitioner
As you close yet another long day at your desk, take a pause before the trek home. Gaze back at your computer screen for a few moments more and check out these nifty websites for the sole practitioner. They can make for a better tomorrow.
Keep current with myShingle.com
MyShingle.com is the brainchild of Carolyn Elefant, an experienced and resourceful sole practitioner from Washington, D.C.
The website offers numerous articles and posts discussing current trends affecting solos and small firms with tons of practical advice for newbies and seasoned counsels alike.
Visit the “topics” page and peruse articles touching on more than a hundred subjects — everything from leaving your present job to choosing the name of your new practice, marketing ideas, networking and cybersecurity.
Although most of the content is available through casual surfing, free online registration gives access to additional features, including e-books and an in-depth recorded class on starting your own firm. A useful garnish for your practice.
Listen up at solopracticeuniversity.com
Solopracticeuniversity.com bills itself as “[a] community dedicated to helping you build your very own solo law practice.”
Although the site offers paid, single Continuing Legal Education courses and packages, a substantial number of no-cost lectures and blogs, on important topics, are available as well.
Proceed to the “free” section and listen online or download for later use. Learn how to make social media work for you, create an effective Web presence or get some ideas on how to set up your fee
structure.
It is valuable content at no cost. Bookmark this page and improve your firm with advice from bright and enterprising solos across the country.
Don’t forget the American Bar Association at americanbar.org
The American Bar Association continues its tradition of solid support for sole practitioners.
Among other offerings, the ABA maintains a SoloSez page which houses popular “threads” — questions and answers exchanged by solos nationwide — on a variety of interesting and provocative
subjects.
Although direct participation in the discussions requires a paid membership (a good investment regardless), there are hundreds of freely available Q&A features among practitioners nationwide.
Visit SoloSez and benefit from candid conversations among your peers on some important subjects.
Take advantage of free online legal research
Although free online legal research comes with the standard warning — not recommended as a complete substitute for more robust paid subscriptions — there are several excellent websites to
supplement your research efforts.
Google Scholar at scholar.google.com is a good one.
The Google Scholar site maintains an impressive array of reported decisions from the state and federal courts.
Just select the “case law” option, choose your jurisdiction(s) and search away. Click the arrow to the right of the search box for advanced retrieval functions. Certain boolean searching features are supported as well.
Skip over to the “articles” option, and a careful search technique will yield helpful law reviews, journals and periodicals.
American Bar Association is yet another.
The ABA offers a free database that includes more than 400 online law reviews and law journals with academic articles and certain congressional records to boot. The searchable works are listed and go well beyond basic law school collections, including subject-based publications and foreign journals. A wealth
of material is at your fingertips.
Here are some other helpful websites:
Findlaw (lp.findlaw.com.
Locate the “legal professional” site maintained by Findlaw (not the public site for non-lawyers) and enjoy free case searches for the U.S. Supreme Court, federal appellate and
Illinois state courts going back 10 years. The U.S. Code and Illinois Compiled Statutes can be accessed and searched as well.
Illinois courts (state.il.us/court/SupremeCourt/Rules)
Lastly, keep current on all Supreme Court
Rules with this handy database that organizes the rules into 10 expandable articles. To track the numerous rule changes in recent years, navigate to the site’s “amendments-by-year” page, which covers the past five years of revisions.
Those are just a few of the free online offerings that can boost your solo practice.
If there are other no-cost online sites that you frequent, please forward to my attention at
glenn@heilizer.com for a possible future column.
© 2015 Law Bulletin Publishing Company. All rights reserved.
Monday, March 2, 2015 • Volume 161, No. 41
Reprinted with permission from Law Bulletin Publishing Company
Glenn E. Heilizer, "Sole Speak" Column
glenn@heilizer.com
Lawyers’ Assistance Program offers help with work, life issues
When an attorney asked the other day what I liked most about lawyering on my own, I quipped that the partnership meetings are really short. This quasi-mirthful response points out that self-reliance is integral to solo practice. But the potentially harmful effects of working in isolation are no joke.The legal profession in general presents many stress factors, and those pressures, together with personal complications — financial setbacks, bereavement, divorce and addictions, to name a few — can be magnified for a lawyer who practices in a figurative vacuum. The ARDC’s most recent annual report backs this up. One-quarter of all discipline cases involved some form of addiction or other impairment, and sole practitioners comprised nearly 70 percent of that group.The good news is you don’t need to deal with such entanglements on your own. The Lawyers’ Assistance Program Inc. is waiting for your call.LAP is a not-for-profit corporation that has been providing swift, responsive and confidential assistance to lawyers, judges and law students for nearly 25 years. LAP is funded in part through a portion of your annual attorney registration fee. With offices in Chicago and Belleville, LAP reaches persons in need across the state.
Call early and often
LAP’s executive director, Robin M. Belleau, believes it is particularly important for the sole practitioner to take advantage of LAP’s services. Belleau cautions that the nature of solo work promotes seclusion and offers little chance to vent at the office water cooler with colleagues.Whether you have encountered a difficulty at work or in your personal life — or even scored a professional victory — experiencing those events in solitude can affect your well-being, and your ability to serve your clients, Belleau explained.At present nearly a third of all persons contacting LAP are sole practitioners, and the organization wants to help all solos who reach out. Belleau stressed there is no such thing as a needless call to LAP. “Call early and call often — especially early,” she suggested, and get some help from people who know how to guide you through your particular situation.
Assistance for wide-ranging issues
LAP provides help for virtually any problem, small or large, simple or complex, work-related or personal. Perhaps you feel the effects of losing a chunk of your business or did not prevail at the trial you were sure would go your way. What about that disgruntled client who threatens to file an ARDC complaint? Or, you may already have received a dreaded inquiry letter in the mail. Your spouse might have decided to call it quits, or you could be grieving for a lost loved one.Possibly you wonder if drinking habits have affected your practice, or you were charged with DUI or drug possession. Whatever the issue, LAP will help see you through, from beginning to end. They are on your side.
Confidential assessment and treatment
When you make first contact, LAP will bring you in to speak personally with a trained professional, in confidence, about your issue. An assessment is performed to get you the specialized help you need. Among other offerings, LAP runs two weekly open discussion groups, for men and women, where anything is on the table for sharing and support. Additionally, there are two Alcoholics Anonymous groups that meet regularly and are open to lawyers, judges and law students. Other referrals are made as circumstances warrant. Belleau made clear that communications to and from LAP are completely confidential. Your file remains private even if the ARDC makes the initial referral in a discipline case, but you have the option to share LAP treatment results with the ARDC for purposes of mitigation.
Getting the word out
Lastly, Belleau wants to remind all lawyers, judges and law students that LAP can be a vital resource in times of need. People tend to believe the program is primarily for treatment of alcohol abuse, Belleau continued, but LAP can assist with countless issues that affect your life and your practice. You have paid for the service through your ARDC registration fee. There is no reason for practitioners, especially solos, to remain on an island and try to cope on their own.
It doesn’t work.
Over the years, most sole practices experience peaks and valleys, and life circumstances present an array of challenges. Whether you were not aware of LAP, or you knew the program existed but never really thought about calling, don’t forget about this valuable asset. Keep LAP’s number handy and call when things get tough. I know I will.
Check out LAP’s website at illinoislap.org, or call at 800-LAP-1233.
© 2015 Law Bulletin Publishing Company. All rights reserved.
Wednesday, February 11, 2015 • Volume 161, No. 29
Reprinted with permission from Law Bulletin Publishing Company
Reprinted with permission from Law Bulletin Publishing Company
Glenn E. Heilizer, “Sole Speak” Column
glenn@heilizer.com
Reaching the summit: Two solos who prevailed at the Supreme Court
On the surface, Steven Farber and David Mills have little in common.
Farber has maintained his own one-man firm in Santa Fe, N.M., since 1978, handing personal-injury, white-collar criminal defense, civil rights and professional malpractice cases.
Mills began his solo career in Cleveland in 2008 with an appellate practice, following a four-year stint at a prestigious firm and two clerkships.
Yet both breathe rarified air, having argued significant cases before our nation’s highest court — as sole practitioners against heavy odds — and won.
Expanding time limits for civil rights claims
Farber argued before the Supreme Court in 1985, in defense of his client’s civil rights claim (under 42 U.S.C. Section 1983) for injuries inflicted by police. Wilson v. Garcia, 471 U.S. 261 (1985).
On interlocutory review, the court of appeals applied a three-year state limitations period applicable to personal injuries. The defendants petitioned for certiorari, arguing for two years under the state’s tort claims act.
The Supreme Court granted certiorari and resolved a split of authority in favor of Farber’s client. Application of each state’s personal-injury limitations period to Section 1983 claims, the court held, promoted the statute’s remedial purposes in accord with
congressional intent. Wilson later was partially superseded by statute but remains a frequently applied decision and has been cited thousands of times.
Reality sunk in when Farber received the clerk’s letter discussing procedures for oral argument in the high court and enclosing eight gallery tickets for friends and family.
Farber was opposed by a premier New Mexico firm with experienced appellate practitioners, and though Farber knew this was a David-and-Goliath situation, he vigorously prepared his case and expected success.
Farber memorized the rules and customs of Supreme Court practice, studied early congressional debates on civil rights enactments going back to the 1870s and read every Section 1983-limitations case he could find.
He scoured opinions for the justices’ discordant views on Section 1983 issues in other cases and formed arguments he hoped would lead to common ground. For final preparations, Farber had a moot court argument and observed other live arguments before the court.
No regrets either way
Farber is pleased he prevailed for his client — and secured an increased limitations period for Section 1983 litigants in the vast majority of states — but he knew the case could have ended differently.
“It was a daunting task,” Farber conceded, “but I felt great about taking it on,” adding that “I never had a moment’s hesitation.”
Because he laid it all on the line when preparing the case, he was able to “put on blinders,” forge ahead with the argument and “not think about what happens if we lose.” The transcript of his argument reflects that confidence.
Though Farber acknowledges the case took its toll — he worked nights and weekends, lost time with his family and sacrificed income from other cases — there are no regrets. His client needed an advocate, plain and simple. The case set a high standard for his
work going forward and earned respect in the legal community.
Farber has an inherently independent spirit, he explained and as a sole practitioner, he could pursue this case passionately for his client, without pressure from partners or consideration of other external factors. Farber would not have it any other way.
Clarifying civil procedure for Section 1983 claims
David Mills ascended abruptly to the Supreme Court and never looked back.
In 2008, Mills was starting his practice from scratch and worked from an office inside his apartment with his mother’s help as paralegal.
A woman called with an urgent request. She won a Section 1983 judgment arising from a sexual assault during incarceration but lost in the court of appeals based on a qualified immunity defense. It was the last hours of the final day to extend the cert petition
deadline, and she was frantic.
Mills acted immediately. He gleaned the core facts, considered the prospects for Supreme Court review and filed his motion for extension within a few hours.
Though odds were long, Mills knew there was a chance and got to work. The court of appeals reversed the jury verdict in a split 2-1 opinion, ruling that the respondents were protected by qualified immunity.
Though the respondents failed to make a post-verdict motion, the court of appeals determined the immunity defense was preserved through the respondents’ unsuccessful summary judgment motion.
Disagreements on the preservation issue existed in other circuits, and guidance from the Supreme Court was needed. Mills made a strong case for review. The court agreed to hear the matter. Ortiz v. Jordan, 562 U.S. 180 (2011).
To underscore the stakes involved — preservation of a qualified immunity defense — a friend-of-the-court brief supporting the respondents and the Ohio solicitor general was filed by 26 states, the District of Columbia and Puerto Rico. No pressure there.
Eat, drink and sleep the case
Mills was undeterred and left nothing to chance in his preparations for the Nov. 1, 2010, argument. Adding to the burden, Mills started teaching a law school class in September, followed by two appellate arguments in October.
Nonetheless, with the assistance of two close colleagues, Mills etched out his arguments, researching and writing virtually every waking moment. He conducted multiple moot courts — exhausting efforts by themselves — each of which raised new questions to
address.
The morning after the actual argument, Mills recalled, was the first time in a long while that he awoke without a pressing legal issue on his mind.
At oral argument, Mills uttered just one sentence before the justices started firing questions, and the grilling never stopped. Mills held his own, answering each query head-on.
The court ruled for his client, that respondents lost the qualified-immunity defense by failing to make a post-verdict motion under Federal Rule 50(b). The case has been studied and written about extensively since, by attorneys and academics alike.
Although Mills’ star has risen dramatically — recently, he filed a friend-of-the-court brief for certain current and former members of Congress in a securities class action before the high court — Mills reveals a refreshing dedication to his sole practitioner
roots.
Now consulting with lawyers across the country regarding lofty appellate issues, Mills still works from the original office within his apartment, assisted by his paralegal-mother. As a solo, Mills wants to create an elite work product that is affordable and,
therefore, accessible to more litigants, even at the highest levels.
As shown by his work in Ortiz v. Jordan, Mills has more than met the mark.
Transcripts and recordings of Farber’s and Mills’ oral arguments are available at oyez.org. Their review is recommended for instructional use and as inspiration to fellow sole practitioners.
© 2015 Law Bulletin Publishing Company. All rights reserved.
Wednesday, January 7, 2015 • Volume 161, No. 4
Reprinted with permission from Law Bulletin Publishing Company
Glenn E. Heilizer, “Sole Speak” Column
glenn@heilizer.com
Navigating Rule 1.3, Comment 5 to develop an attorney succession plan
To prevent neglect of client matters in the event of a sole practitioner’s death or disability, the duty of diligence may require that each sole practitioner prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client of the lawyer’s death or disability and determine whether there is a need for immediate protective action. — Illinois Supreme Court Rule 776, Appointment of Receiver in Certain Cases. Illinois Rules of Professional Conduct, Rule 1.3, Comment 5.
We don’t like to contemplate our own exit, but as sole practitioners, we must protect our clients in the event of our disability or death. In a recent article, Attorney Registration and Disciplinary Commission Senior Counsel John R. Cesario cautions the number of attorneys over 65 years of age is expected to grow substantially, perhaps more than three times in the next decade (John R. Cesario, “ARDC Thoughts,” ISBA Senior Lawyer Section, February 2014 Vol. 5 No. 2, isba.org/sections/senior - lawyers/newsletter /2014/02/ardcthoughts).
The good news is there are basic steps you can take to ensure a safe and orderly transition. Make plans now and enjoy the peace of mind that comes from protecting the interests of your clients and your family.
Designate your transition counsel and document your choice
Choose your designated counsel carefully. Having a close relationship obviously is material, but there are other factors. Reflect on the practitioner’s age and his or her long-term practice plans. Make sure the attorney communicates well with clients and has experience with the types of cases you handle.
He or she must be able to step in immediately and “review,” “notify” and “determine” — make quick and appropriate evaluations of your cases, contact your clients and take appropriate protective measures. Confirm he or she is comfortable using your various software programs, and provide a guidebook with instructions. Lastly, document your choice and make sure your selected counsel will be promptly notified.
Make smart software choices
Making sound software choices for your practice now will smooth any transition later. Your designated counsel will need to operate your word processing, billing, calendar, accounting and client database programs.
Using integrated or consolidated systems not only provides efficiencies in your daily work but will make the changeover as orderly and seamless as possible. Consider using established programs commonly used in the legal profession that also include technical support.
Don’t hand your successor a password-discovery nightmare. There are online and desktop password utilities that list all of your programs and store every program password under a single master key.
With the use of secure cloud-based storage services, quality programs and a comprehensive document imaging protocol, you can maintain a safe, virtual version of your office, accessible from anywhere. Your successor will more adeptly manage the firm’s affairs, and at present, your practice will be more productive.
Put yourself in your successor’s place
To ensure your designated counsel will be effective, sit down at your desk, imagine you know little of your own practice, and begin to review, notify and determine. Are all files located at your offices or do you have outside storage? How and where are original documents and instruments maintained? How can you quickly access all litigation deadlines, court hearings, client contacts, billing and financial records?What are the passwords for your various programs and online accounts? How do you access your phone system? Answer those questions for a successful transition.
Plan preparation and maintenance
Cesario’s article offers insightful suggestions for developing your transition plan. Keep current with periodic reviews and update your software. Check your counsel-of-choice for any new developments on his or her side. This will minimize potential disruptions if the time comes.
Protect your clients and your firm’s value
Observance of Rule 1.3, comment 5, will not only protect your clients but can further serve to preserve your firm’s value.
Under Rule 1.17 of the Illinois Rules of Professional Conduct, a law practice may be sold by “the estate of a deceased lawyer or the guardian or authorized representative of a disabled lawyer” if certain conditions are satisfied. Integrating your attorney succession plan with prudent estate planning can help safeguard the worth of the practice you worked so hard to build.
So get to it and develop your plan. You’ll be glad you did.
© 2014 Law Bulletin Publishing Company. All rights reserved.
Wednesday, December 17, 2014 • Volume 160, No. 247
Reprinted with permission from Law Bulletin Publishing Company
Glenn E. Heilizer, "Sole Speak" Column
glenn@heilizer.com
Building the foundation for a successful solo practice
Whether you are a recent graduate or experienced counsel seeking new challenges, starting your own litigation firm can be a rewarding career choice. The prospect of hanging out your shingle may seem daunting at first, but do not despair. Now more than ever, the sole practitioner plays a vital role in the legal landscape. Smart choices can help you build a thriving practice with long term success. So take a deep breath and dig in.
Office space and stationery —economize, but don’t skimp. Virtual offices have their place, but choosing appropriate office space remains a crucial core decision for the sole practitioner. Make your office is a place where you are proud to meet and plan case strategies with clients, take depositions and confer with colleagues.
Office sharing arrangements can fit the bill, but with the expansion of office-use condominiums, a reasonably priced space can meet your needs, make you the sole attraction and build equity in the process. And though e-mails are daily fare for routine communications, formal correspondence with clients, counsel and others sets the tone for your practice.
Put some thought into choosing your letterhead Pick a strong font and a decent quality paper and remember to keep it simple. Fancy, vertical lettering is difficult to read, while logos and colored backgrounds turn into toner-wasting blobs when copied or scanned. With online printing services, professional letterhead is easily attainable.
Master effective legal writing. Writing persuasively is the lifeblood of any litigation firm, small or large. Motions are increasingly decided on the papers, without oral argument, and the courts are handling a growing number of cases. Judges have no time to speculate on your arguments, bridge gaps in logic or research cases on your behalf.
Become a fluent, confident and disciplined draftsman. Learn to write simple, well-constructed sentences that form tight paragraphs, which in turn present organized arguments. Make your legal citations accurate and concise and eliminate unnecessary facts.
A brief should “pull” the reader through, in logical progression, and make inescapable the conclusions reached. Keep copies (actual or virtual) of “The Elements of Style” and “The Bluebook” nearby and check out some U.S. Supreme Court briefs on the American Bar Association website. Become a compelling legal writer by forming good habits and enjoy your success for years to come.
Make technology work for you. Recent advancements make the sole practitioner more competitive in the litigation arena than ever. Having access to an online legal database is a must.
Although there are less expensive alternatives, Westlaw and Lexis offer robust packages to sole practitioners at reasonable cost and are well worth the investment. Choose accounting, billing and calendar/conflicts software packages that are integrated and offer single-user licenses, and make sure your billing program includes the e-bill formats now required by some clients, such as Legal Electronic Data Exchange Standard, or LEDES.
Better yet, consider fully integrated packages, offered by companies such as My Case, billed on per-attorney basis. Lastly, checkout the free Google Voice service for your phone. Your clients will be able to reach you anywhere, and voice mails can be transcribed and e-mailed or texted to your cellphone. Make good software choices now and reap the rewards going forward.
Market to your strengths. Effective marketing is crucial to your new practice. Make yourself visible through your own website and blog. Most Internet service providers ’ play well with free Wordpress software, which will allow you to prepare a state-of-the art online presence. Visibility also is achieved through pro bono work, membership in legal organizations and volunteer service on public and private boards.
Groups are always looking for speakers. Research a topic of interest and give a lecture. Meet new colleagues and gain experience by serving as an arbitrator for mandatory court arbitration, as soon as you are eligible. And instead of scarfing a sandwich at your desk, keep in touch with colleagues and friends over lunch. There is no single path to successful marketing, but if you put in the effort, you will see the results.
Alternative fee arrangements are becoming more popular with clients, and the sole practitioner is particularly suited to take advantage of this trend. Make prospective clients aware you will consider alternative billing proposals. Be creative and adaptable with your fees. With a flexible fee structure, you will encounter more opportunities.
Good luck with your new and exciting endeavor. It should be a fun ride.
© 2014 Law Bulletin Publishing Company. All rights reserved.
Monday, October 13, 2014 • Volume 160, No. 201
Reprinted with permission from Law Bulletin Publishing Company
Glenn E. Heilizer, "Sole Speak" Column
glenn@heilizer.com