Q: I am presently with a law firm, with more than 50 lawyers, for four years now. I am very tempted to go out on my own, but have a lot of apprehension about it. Any thoughts you can share with me? Is a solo practice doable?
R.D., Irvine
A: Research indicates that in California, as in much of the country, a notable and significant amount of attorneys are either sole practitioners, or are part of a modest-sized firm. The lure of having your own business is a factor. Also, while I do not like this expression, there can be real advantage to “eating what you kill.”
For many years after law school, I worked with law firms, and became a partner at a large law office. Over time, I found that the lack of autonomy was very challenging. That is one of the key reasons why I ultimately became a sole practitioner, though a bit later in life. I have found it to be much more compatible with my preferences, and am very glad that I went out on my own; but, it is a decision that each person has to make for him or herself.
Before going out as a “solo,” evaluate what may be your overhead: Will you have an office, or be a virtual tenant? There are recurring expenses, such as legal malpractice insurance, and there may be other necessities that come into play depending upon how you set up the office, including with any staff. There also are equipment and supply costs. And do you have some clients now? Will they come with you? In either event, will you be able to obtain work and if so, from whom? Can you go awhile without much income if the cash flow is not what you hope, at least in the early goings?
Although I am a sole practitioner, there are attorneys who I routinely talk with about matters; we compare notes. It is helpful to have others to run questions by. The State Bar also expects each of us to have a person in place to take over the practice if something happens that takes us out of the picture.
Bottom line, I was very apprehensive about going out of my own. Thankfully, it turned out to be the right choice for me. Thus, I encourage it, but talking with other sole practitioners, or attorneys in very small firms, is advisable. I also will say, if I can hang up my own shingle, and succeed at it, then I have to believe anyone else can as well!
Q: Aren’t lawyers among the most stressed professions?
A.J., Encino
A: There are pressures with virtually any job. Being a lawyer comes with some that arguably are unique to the legal profession: Succeeding in the matters you handle; getting paid; pleasing the client; for a litigator, getting along with the judges; often long hours; the uncertainty in any given instance, because many cases are difficult, if not impossible, to predict. If things do not go well, are you going to be sued?
Let’s face it, lawyers are not among the most popular people on Earth. The volume of lawyer jokes speaks to that fact. I can’t say it makes me feel good to hear that a lawyer who fell in the ocean was saved by a shark because of “professional courtesy.”
The California Bar recognizes that lawyers have difficulties, and may need counseling, may need support and may need help. Here then, is an online link to the “Lawyer Assistance Program,” which is available to lawyers who are active, inactive or even disbarred, and who are struggling with stress, anxiety, depression, substance use issues, or personal and career concerns: calbar.ca.gov/Attorneys/Compliance-Records/Lawyer-Assistance-Program.
In closing, the following may be of some encouragement to would-be lawyers, or lawyers practicing now who are having difficulties:
I have never thought of myself as invincible, truly rugged, unbeatable or the greatest lawyer of all time. But,= if you ask me whether I think being a lawyer is a good choice, the answer is decidedly yes. There are many types of law you can practice or choose from; there also are options, from the private to the public sector, from writing to teaching to researching; and you can indeed help others while making a good living.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.