Client Matters: The Inevitable No Show

One of the down sides to being a solo is the specter of prospective clients who schedule an interview and never show up.  No matter how serious someone sounds over the phone, you just never know whether they will actually show up until they walk through the door.  Worse is the fact that few, if any prospects ever call to cancel their appointment.  Well, one out of four isn't too bad, I guess.

But it doesn't pay to be irrate or hold a grudge.  It's bad for your professional image and bad for business.  And in the case of today's no show, the fact that the streets near my office were closed due to a parade in the downtown area makes for a pretty good excuse.  

With no shows, you never know the reasons why they don't show up.  But, just because they didn't walk in through the door today does not mean that they won't tomorrow.  It's just part of the business and comes with the territory.  

Rainmaking: Do You Habla Espanol?

Today I fielded a call from a prospective client that was referred to me by another attorney.  I was warned ahead of time that the prospect spoke Spanish.  To my relief, I later discovered during the early part of  the phone call that the prospect also spoke English.  Was that a momentary air of apprehension, you're liking asking yourself.  Darn right it was.  Don't get me wrong, I can and do speak Spanish.  However, it's not my first language and I don't consider myself to be a fluent speaker.  While I've conducted a decent number of client interviews solely in Spanish, I often found myself constantly worrying afterward that something got lost in translation.  Fortunately, that never turned out to be the case.  

As a Hispanic attorney, this has been an on-going concern for me for quite some time.  Prospective clients, both bilingual and Spanish-speaking only, tend to expect that their attorney can communicate in both languages.  Likewise, bilingual attorneys with Spanish speaking clients who need assistance outside of that attorney's area(s) of practice are more likely to refer those clients to other bilingual attorneys.  How, then, does someone break into that market?  I have relied on a few personal rules that have continued to work well for me.  

First, a little self-confidence can go a long way.  When I stop reminding myself that Spanish isn't my native tongue I find that my words and thoughts flow more smoothly.  This, of course, translates into a more productive client interview.

Second, don't get cocky and understand your limitations.  My verb conjugation and pronounciation isn't perfect, but much better than my skill as a fisherman.  So for me, trying to sound as eloquent as a Spanish Tv news anchor or radio show host just isn't going to happen.  But that doesn't mean that I can't hold a conversation and still get my point across.  

Finally, be honest with yourself in order to strike a balance between the two rules.  By taking an honest look at my limitations, as well as my confidence levels, I've found that I'm more effective with bilingual clients than with those that only speak Spanish.  With two languages to fall back on, the consultations run smoothly and few details, if any, are missed.  Equally important is that I feel comfortable and confident during the interview.  Clients are quick to pick up on that and, generally, feel more relaxed as a result.  

So when asked whether I habla espanol, I keep three things in mind.  Be confident.  Be realistic.  Be honest.  

Work v. Life: Recharging and Reflecting

It was a beautiful day today.  So I went fishing with my step-daughter, (let’s call her Diva), father-in-law (let’s call him The Captain) and brother-in-law.  When we arrived at The Captain’s favorite fishing spot on the shore, the current was a lot stronger than expected.  Since I’m not much of a fisherman – downright pathetic, to be honest – I deferred to The Captain’s experience.  He privately told me that we weren’t likely to catch anything today because the current was too strong and moving too fast.  But we were determined to make the best of it and the whole point was to get the kids out of the house for a little while.  We didn’t catch anything other than a couple of mosquito bites, yet the four of us had a great time just being together.

The trip and The Captain’s words got me thinking.  As I already said, I’m a terrible fisherman.  And as a general rule I hate baiting the hooks with live bait.  Maybe it’s some sort of residual trauma from a past life experience as a shrimp.  Diva, on the other hand, took to it like a natural – that is, once she got over the way the bait shrimp squirmed and wiggled in her hands.  She said that it wasn’t so bad once she knew what to expect from the shrimp and the way it reacted to her.  Watching Diva reminded me of myself during the first few days after I opened my practice:  scared and unsure until I finally took a deep breath, closed my eyes and took the plunge. 

New client interviews, deciding whether or not to take a particular case, and negotiating with attorneys only slightly more experienced than me were all nerve wracking experiences.  Truthfully, to the new solo attorney anything outside of that comfort zone of previous experience can be scary.  But as Diva showed me, it’s not so bad once you get used to it.  And the only way to get used to it is to just stick your hand in the bait bucket and grab the shrimp by the horns – prawns.  You get the idea.   

Money Matters: You are Your Most Valuable Asset

In these tough times it's hard not to become despondent when the phone isn't ringing with the promise of new clients. Cash flow, during lean times, can make or break a new practice. It's important to remember, then, that you are the most important resource that you've got. So there are plenty of other ways to bring in money during any lulls in new client business.

Picking up a part-time job is one of the most obvious routes to earning additional income. A specialized degree (i.e. your J.D.) can add to your marketability, depending on the type of part-time work you're looking for. Some lawyers take a part-time job in the restaurant service industry. This can actually lead to excellent networking opportunities. Likewise, picking up a part-time job tutoring students now may lead to becoming an adjunct professor later on in your career.

You can also explore the possibility of picking up contract work from other attorneys. In states where the economic crunch is also affecting the judicial system, court dockets are jam packed and hearing dates are hard to come by. So you take whatever dates/times you can get. As I mentioned in an earlier post, I covered a hearing for a friend who needed to be in two courtrooms at the same time. Providing hearing coverage or other contract work, for a reasonable rate, can lead to steady work and supplement your income.

These are just some of the ways that you can make the best use of yourself as an asset to your practice. It may not be "sexy" or glamorous, but finding a practical solution to the cash flow dilemma can determine whether you are able to keep your doors open.

Work v. Life: T'is the Stressful Season

More than any other holiday, this time of year can be the most difficult time to strike that work/life balance.  Cases that were relatively quiet might suddenly flare up.  Holiday plans with family might change six or seven times.  You waited until the last minute to get your shopping done - again.  This can be a stressful time for any attorney and even more so for the sole practitioner.  The current economic situation only adds to that stress.  However, the key to remember here is that lawyers are trained to solve problems.  It's what we do: we solve other people's problems.  Client stress levels about their case decrease when they see that their attorney is taking a proactive approach to resolving their problem.  Being proactive in managing our work/life balance may be of similar benefit, especially during the holidays.

Some ways of being more proactive in managing your schedule and holiday work/life stress may include:

1.  Subtly and politely remind your clients that, like them, you have a life too.  This can be accomplished by simply telling them that you'll be out of the office for a few days.  Let the client know which day you'll be back in the office and whether you can be reached via email (or cell phone, if your client does not have email access) in case of an emergency.  

2.  Don't put off today what you'll end up having to work on during the holidays.  The nature of our profession and limited hours in the day forces us to prioritize our daily tasks.  Inevitably, something gets pushed to the back burner.  Take a look at anything that will be due immediately after the holidays and move those items up the priority line.  

3.  Make efficient use of your "down time."  Those with public defender or prosecution backgrounds likely already know this concept well.  How many times have you sat in the courtroom for long periods of time, waiting for your case to get called up for a hearing?  While you won't always know whether you will have a lot or a little "down time," bring some work from the office anyway.  You might be surprised by how much you get accomplished.  

4.  Keep each other in the loop.  Scheduling conflicts are among the greatest stressors in the work/life balance struggle.  By keeping your loved ones in the loop as to what's going on with your work schedule you can avoid being double-booked.  Of course, this applies in reverse to our spouses and family.  

5.  Keep the holiday spirit in mind.  At some point in our careers we learn the meaning of the phrase, "you reap what you sow."  Pushing the adversarial nature of our legal system to the point of all out war with your opposing counsel is a great way to add to the holiday stress.  Extend professional courtesy to the other side to the extent that your ethical duties to your client allow.  Don't earn the reputation of being the attorney that ruins other lawyers' Christmas.  

While it's impossible to avoid bringing some work with you during the holidays, the amount of that work can be successfully managed by being proactive.  Best wishes to all for a happy, healthy and safe holiday season.

Deputy Clerks: Kindness is the Key

Last week I covered a hearing for a friend.  The overall goal was to get the court to release a multi-volume file so that my friend could prepare for another hearing later that week.  Getting the judge to sign off on the proposed order was cake.  Actually getting the file was - oddly enough - difficult to the point of absurdity.  Boring details aside, it seemed I was going to have to do a lot of running back and forth just to get each file.  But because I remained calm, pleasant and understanding, the clerks assisting me took care of all of the leg work.  This worked out great, as I struck up conversation with three other attorneys while I waited.  So being nice and polite to the clerks not only saved me time and effort, it gave me networking opportunities I would have otherwise missed.  

When I finally received the files, I asked the names of the clerks who helped me and thanked them.  Now, the next time I need  some help at the Clerk's Office, I know who to go to and can even ask for them by name.  

Pre-Flight Check

After giving it much thought, I will be chronicling my experiences as I build my solo law practice. Aside from the cathartic experience of sharing my victories and defeats, I hope this will prove helpful to others who are thinking of flying solo. Lessons will range from building a client base, networking, that all important work/life balance and surviving the current economic times.  On this path, I hope you will learn from my mistakes, discover your own success and enjoy a laugh or two as well.  But as I told my wife long ago: I never promised the jokes would be funny, but there would be lots of them.  Lucky me, she's a good sport.  

So here's to a solo attorney's attempt to build a practice, follow a dream, and provide for my loving and supportive family. The people are real, but the names have been changed to protect the innocent.