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Technology has revolutionized the practice of law, and now
as a sole practitioner you can take on exciting and interesting
work which a couple of decades ago would have required a team
of secretaries and assistants to "move paper". Despite
the revolution in how things are done , however, the sole practitioner
must continue to adhere to key fundamental elements of the business
of law that should not be overlooked.
What business are you in? Are you a specialist/advisor?
Volume real estate deals? Litigation lawyer? What you intend
to focus on has implications for costs of running the business.
For example, if you are a business lawyer doing shareholder agreements;
advising clients on legal structure; even business acquisitions,
chances are with today's technology you can do a great deal or
even all of your work without a legal secretary or assistant.
You can contract out clerical work and relieve yourself of the
constant overhead of keeping a secretary year round. If you go
for real estate transactions, you need volume in today's competitive
environment or you may find that you are very busy but not making
any money. Litigation Lawyer? Probably more important than a
secretary is to have a junior lawyer who can keep costs reasonable
and whom you can mentor and provide strategic advice to clients.
Are you effective? What you have to sell is your time.
Are you making good use of it? Are you extremely efficient and
extremely busy, but just don't seem to be making any money? Perhaps
you are placing your energy in the wrong place can't recover
all of the time you spend. You have to be sure that your actions
have a positive effect on the client's objectives. We all work
with checklists, but sometimes you need to judge what items are
required to be covered and consume a lot of time, and what, in
this particular deal can be discounted since the costs are not
justifiable.
Are you keeping up with electronic tools? Electronic
applications and content have replaced the huge law libraries
of the past. You no longer need to hire an employee to update
volumes of binders with precedents, but simply subscribe for
and receive precedents and publications from online or digital
sources which you can be sure are up-to-date. If you have the
patience to learn the programs, you can also use "Fast Company"
or similar programs which allow you to input client information
once and then incorporate and organize companies online using
proprietary management software. This allows you to do the easy
part quickly and efficiently and allows you to spend more time
advising and helping your client properly structure their business.
Many individuals think that incorporating online is all that
is required to set up a business. You can add value and still
manage to do so with an affordable fee to ensure that small and
mid-sized companies are well served.
Are you good at relationship building? While a great
deal has been made about the fact that lawyers now advertise
in ways seen to be improper for the profession, the business
of law requires more than constant reminders that you are available.
The key is relationship building. You have to earn the trust
and appreciation of clients, for your basic skills and judgment.
Clients keep coming back and refer others to someone they can
reason with and work with to make wise decisions. You need to
meet with clients and earn their trust. If you are too busy and
too frantic all the time, they will know and you will know that
you are not reflecting in the way necessary to make sound judgments.
In a very busy world the role of a lawyer should be to reflect
and offer wisdom to clients who are driven by technology and
market forces to avoid taking the time for long term strategy.
Are your fees competitive? We all hear about the $600
lawyer who "must be great to charge that much." The
fact is $300 of that $600 can be quickly eaten up in overhead
if you are running a firm with high-end downtown real estate,
art and support staff. There is a niche in the market (big banks,
international corporations etc.) who require that, but if your
client base is medium-sized businesses and you go to their offices
to meet, you can take a great deal of your costs out and lower
your hourly rate to a much more competitive one. Again depending
on the type of law firm you operate, $300 per hour can be a very
competitive number and allow you to make a good living without
the headaches of large overhead.
"Recession-proof your business." If you make
most of your money from businesses which will slow down in a
recession, perhaps you should study up on an area which would
continue to require legal work during a recession. For example,
wills and estates are always required, and insolvency work is
pretty much recession-proof.
Consider the best tax plan for the business. The Professional
Corporation structure has benefits for the sole practitioner.
You can be an employee of your corporation; contribute to an
RRSP yearly; and can leave some of your income in the corporation
as retained earnings. You pay a very low corporate rate of tax
currently and then you can draw funds by way of dividend in future
when you retire from the practice or are winding down and not
generating the same level of personal (employment) income you
do at the height of your career.
Networking. In addition to relationship building with
existing clients, it is important to always keep an ear to the
ground for new business as one never knows when clients, regardless
of their commitment to your firm, no longer require legal assistance,
(or reduce the requirement after the business is on solid ground),
and you all of a sudden find you have a major reduction in cash
flow. It is important to keep the pipeline full and to avoid
even short-term gaps in cash flow. Particularly in volume businesses,
(eg. real estate), you have to keep paying support staff or let
them go and worry about all the burden of re-training when the
economy turns around. A good legal assistant is invaluable to
some practices, and a not so good legal assistant can be devastating
when you rely on their accuracy and loyalty.
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