The Greatest American Lawyer

Reflections on Reflections

I have never been one to live in the past or the future.  I am very grounded in the present.  I couldn’t tell you the name of single teacher I had in grade school or high school.  I might be able to name three professors I had in college.  Some people remember everything.  I am not one of those. 

I tend to let things go as soon as they pass me by.  I don’t hold grudges.  I see the grand sweeps of life, which gives me a sense of perspective and priority.  People get so caught up in things that we all know don’t matter at the literal end.  The things we get so swept up in each day, we can’t even remember two years from now. 

No one likes being sued.  We, as lawyers, file suits all the time.  Litigation is like divorce.  There, quite simply, is nothing good about it at its core.  But if you look a little deeper and expand your mind a little broader, you can always pull positives out of anything.  I’ve always said, “There is good and bad in everything.”

One of the wonderful things that have happened as a result of being sued again by Big Boss and the firm is that it has forced me to do something that I am otherwise not inclined to do, reflect.  The issues presented in the lawsuit include:

The process of me deciding to quit the firm;

How I went about quitting the firm;

Starting up my law firm and setting out on my own;

My firm’s success as driven by the use of innovative technology including dictation, extranets, and virtual workers;

Developing a business model which is, in many ways, the opposite of a traditional firm model; and

Finding ways to treat clients like business partners, rather than bank accounts. 

I’ve been walking around for two days with a big smile on my face.  In fact, I saw Tim, my old partner, in court yesterday and I found myself almost giddy.  Tim seemed a little shy and withdrawn when I approached him, probably embarrassed by all the nonsense that his firm seems so caught up in.  I couldn’t help but thank him for filing the lawsuit against me.  It is hard to explain in words why I feel the way I do.  But I do know it has something to do with the pride and excitement of looking back on that time in my life and my accomplishments since.  Quitting my old firm ranks up there as one of the top decisions that I have made in my life.  It is hard to explain the positive impact that it has had on me personally, professionally and on my relationships with friends, clients and others.

I would have never stopped to think back on the period affectionally categorized on this blog as “I Quit” before this litigation.  And as much as I have told a small part of my story about quitting my old law firm on this blog, it is a mere fraction of what will come out in depositions and other discovery.  The transcripts from those depositions will read like a biography of that portion of my life, what I was feeling going through. 

This will be a wonderful opportunity to take stock and pride in these last two years.  They will also remind me of the differences in my life now compared to before, and that is probably something I needed right about now. 

Complaints Can Bring On Such Fond Memories ..

My old firm blogging you ask?

Bad Dream Flashback:  I once tried to do a mailing of a firm bulletin to prospective clients.  Big Boss intercepted them, and without even as much as a comment to me, instructed my secretary to throw them in the trash. 

More flashbacks:  I once tried to put a couple we are friends with on the Christmas party list. One is a local doctor and the other the CEO of one of the largest companies of its kind in the world.  I had to explain a half-dozen times to Big Boss why I was putting them on the list, after he kept crossing them off.  The firm spent huge sums entertaining his clients in order to perpetuate his origination.  For me (a partner), adding a person to the Christmas list invited something just short of the inquisition.

Fond reflection:   My blogs were mere baby blogs back then.  And who knew about incoming links back then? And who knew about 'no follow' tags in comments?  I thought I was driving traffic by placing comments on other people's sites.  The couple of blogs I had were test tube babies, the bastard children of my passion for everything Internet and my frustration that a single partner usurped virtually the entire marketing budget to perpetuate his origination.

More Fond Reflection:  What seems so obvious to me today was viewed as a bad joke back then. Using blog software for a firm web site?  Yeah, right.  In order to usurp, someone has to want it in the first place. And even if they can say they wanted it with a straight face, they would have to know what to do with it. And even if they knew what to do with it, they would have to devote untold hours of non-billable time to nurture it. Too funny to even imagine, but for the judicial resources which will be "usurped" by the folly of this litigation.

The Early Days Of Blogging

My old firm's latest lawsuit attack brings back such great memories. Back in the days I left my firm, blogging was a very fringe activity. No big firms did it. It was an experiment by those of us interested in technology and search engines. People like Dennis Kennedy, Ernie the Attorney, and Carolyn Elefant at MyShinge were blazing new trails. No one knew where those trails would lead. For the first year of my practice the debate raged - can blogging be done for business purposes? The debate goes on today. Blogging is still largely for innovators and evangelists. Blogging was about immediacy, typos, and stream of consciousness. The templates available for blogs were one-step below what we now know as myspace.

However, the old firm, having seen my current success, now wants its cut, not of what existed when I left, (They got all the cases that came in through the blog while I was at the firm) but what I have created since I left! Can anyone spell w-a-i-v-e-r (whoops, maybe Big Boss' son shouldn't have alleged in the complaint that he knew I had blogs while I was there, I took them with me and did nothing for two years until after losing on unrelated litigation).

So stay tuned. This one will be even more interesting and perhaps has implications for many of you who blog at your firm.

Who Owns Your Blog

Who Owns Your Blog? This is a question that makes me laugh just a little bit. My thought at the time I quit my old firm was that putting unauthorized content on-line was pushing the limits in my firm. Everything had to be approved by Big-Boss. One of the reasons I quit was that I wanted to blog, and there is no way my firm would support the effort and time that it takes to do it right.

My blogs back when I left my old firm were Ugly Betty; they must be cuter now. And apparently, I stole their idea. Posting unmonitored, unregulated stream of consciousness information on your firm web site definitely fit the old firm model. Broadcasting free information about client rights and legal issues was part of their pro bono activity, right? I should have anticipated this. When I think back on all those typos (well there are still some but that is the nature of blogging).

Of course, the point here for you the dear reader is this.... Who owns your blog?

What if two years after you leave your company, your old firm sues you for your blog? Not just the baby blog as it existed long ago, but the content and links you have generated since then? Moreover, what if they want your profits? After all, it must have been the blog, not the business model that landed all those clients! Clients are dumb, right? They sign retainers with the first blog they land on....

So who owns your blog? Some obvious questions you might ask:

1. Did your company provide support for your blogging?
2. Did they pay for the software or server space?
3. Did they allow you to blog and provide resources for you to do so?
4. Did they have an email or blogging policy that claimed ownership rights?

The answer to all four questions in my case was 'no'. According to their complaint, at least one partner knew I was blogging and that I took my blogs with me on departure (a big yawner at the time for him I am sure. I know it was for me).

But they now know from reading this blog that I did a lot of business off my various blogs this last year. Or maybe they just want the two blogs that existed at the time I left. Let's see, there was an auto no fault blog that generated a single client, who by the way retained their firm. Or perhaps they want my domain dispute blog that was a mere seed when I left. Then again, they really could not have had that blog since they would have had to defraud clients to do the work (they did not do trademark work, let alone domain arbitration). Or maybe the last blog, a vaccine injury blog, which I deactivated long ago, is the one that they want. HMMM...

These issues touch on many of us who blog. Of course, we will post all the pleadings, depositions and other public documents on-line as they are filed. Interesting indeed.

Blog Fight!

Yes, the rumors are true, GAL was sued once again by his old firm.  Ah yes, my old firm ....

...  A firm which just can't seem to let go of the past.
...  A firm which apparently can't make its own future. 
...  A firm that still cannot accept the fact that any of its attorneys could be successful after departing (despite the fact that virtually all of them have been far more successful after leaving).

Last time Big Boss sued, he wanted my fee (he didn't get it).  He filed a grievance (which was summarily dismissed by the Grievance Committee before I even had notice it was filed).  This time, Big Boss wants my ...   you will never guess ...  Big Boss who has his secretary print his emails and bring them to his desk in paper format wants ...   my blogs! (apparently and to my surprise, he was going to develop these blogs, change his business model to reject his hourly billing model and devote staff time to becoming entrenched in the blogosphere - Who knew!?!).

If I had just left him the initial typepad URL, he would himself be the author of th Greatest American Lawyer blog today. His inner-blogger never blossomed and it is all my fault (apparently, he did not realize that he could have opened his own blogger account for free and developed his own blogs instead of trying to take mine).

YES THAT IS RIGHT.  YOU HEARD IT HERE.  A first ever for the blogosphere.  Blog-fight!

Big Boss Sues GAL Again!

On the eve of coming out into the light of day, my stream has taken a turn.   With full knowledge of this very blog and the fact that I am revealing my identify in 4 days, my old firm has jumped head first into the stream.  My first thought is - well - what in the world are they thinking?

At 4:00, my old firm sent a young daughter of one of the legal secretaries to my office. I invited her in my office, of course. She came in and served me with yet another lawsuit filed by Big Boss.  The first lawsuit had been settled [more here] two months ago. I figured they would finally get on with their lives (who would think one departing attorney could draw such attention?). It has been two years since deciding to quit.   But here they are again ... sending little girls to serve complaints (like I wouldn't accept service!), giggling back in Big Bosses office while sipping scotch.

The truly funny part is that the Greatest Aemrican Lawyer web site is the key basis of their complaint. This blog is a virtual  'play by play' of my departure from the firm.  This latest lawsuit by Big Boss presents the perfect opportunity to reflect on the day I was set free from my old firm. What a perfect theme two years post "I  Quit!" - on the eve of the unmasking of the author of the Greatest American Lawyer Blog.

Thanks Tim (one of my old partners, Big Bosses' son and heir apparent to Big Bosses' origination formula)!  I could not have written a more perfect script if I had tried .... I am ready for round two.  I regretted settling the last case before the court ordered partner formula was provided in discovery (Ken and I always suspected there really was no formula).  And now, about those counterclaims  ...

Is There More Risk In Staying At Your Current Job Rather Than Quitting It?

It always surprises me when I speak to people who are considering their employment alternatives.  The gravity, which holds them in place, is weighty.  Changing jobs or even careers is venturing into the unknown. 

My belief is that talented people are often trapped in situations that don’t make good use of their talents.  The gravity that holds them in place was born of the industrial age.  You remember, the age our parents lived in.  the one where the father went to work and held down the same job for the same company for an entire career. 

Technology has allowed talent to become a more dominate market force.  Longevity and loyalty count for little when considering employment prospects.  This is great news for the silently repressed masses of talented people. 

But talented people have to be willing to step up to the plate to.  Too many talented people feel stuck in their jobs.  They think the risk of leaving is great and the risk of staying is small.

There is risk in staying.  There is tremendous risk.  When you stay in a job that does not utilize and appreciate your talents, you risk living an entire life unfulfilled.  You risk the prospect of failing to fulfill your potential and, in some cases, your destiny.  You risk sending the wrong messages to your family and children about what is important.  Many fail to realize that the information age has already turned the marketplace upside down.  The risks associated with jumping off the cliff has become dramatically less.  The risk of staying put in the wrong job has become much greater. 

Stuck In Your Current Job With No Way Out?

I wonder what percentage of the American Bar Association feels stuck in their job.  There are thousand ways to get stuck in your current position.  I would submit that nearly all of them are psychological barriers. 

You could always come up with a list of reasons to stay at your current job.  If you’ve been there for any length of time, you probably have security.  Its nice not having to be the person who has to pay the bills the following month.  Perhaps something great is about to happen in your new job (although you’ve been waiting for that great thing for a decade).  You have a mortgage and your kids need to go to college.  Whether you admit it to yourself on a regular basis, you know you are stuck.  Sure you would like the creativity and flexibility of running your own show.  Answering to nobody except you and your clients would, you acknowledge, change the entire experience of practicing law.  Testing your wits and your business savvy against the marketplace would add passion and purpose to your work life.  Working from home in the morning while your kids get ready for school using VPN, digital dictation, extranet and cell phone technology without anyone looking over your shoulder would undoubtedly provide a much better sense of work life and family balance. 

But you are stuck in your job.  There’s no way you could just simply take your talents and whichever clients we choose to come with you, under your own shingle.  I mean, you can see how easy it would be to distinguish yourself in the market and develop a business model that would provide a higher degree of client service and satisfaction.  But you’ve got kids now and it wouldn’t be fair to them to risk your financial health at their age.  It is, after all, much more important that the bills get paid money gets saved in normal cp preserved.  It is just not that important that your children see you fulfill your potential, be your own boss, and try to change the world around you without anyone telling you how things should be.  Children respect a parent who they know hates their job.  Right?

So, really, my advice is that you just stay put.  You and your family will be better off staying the course. 

Who Has the Guts To Speak Out?

I could not resist posting this commentary by Olbermann on MSNBC concerning Bill Clinton's response to the Fox New interview with Bill Wallace. 

Forget the politics for a moment. Isn't it refreshing to hear a bare fisted commentary about important issues?

What if we had such debates about the hourly billing model?  What if we were willing to take on the status quo within our own profession?  Free speech is only as powerful as those willign to step up an dbe heard.  Have you found your voice yet? 

The most difficult part of hanging out a shingle.

I have regularly posted about the joys of being an independent practitioner and striking out on my own. An equally relevant question is the opposite one; what is the most difficult part about being an independent practitioner?

Without question, the most difficult part about being an independent practitioner is the stress and strain of running your own business. There is a tremendous amount of uncertainty in any business effort. The hardest part about being an independent practitioner is laying awake at night worrying about all those things you can’t control. I would be the first to admit that good old fashioned dumb luck certainly plays a part in success or failure. However, success is far more likely if you have the right mindset. You have to find a way to deal with all those issues you can’t control which crop up almost every day in your practice and set you back. Instead of worrying about those things you have to accept them and embrace them. Psychologically, you have to view them for what they are, problems. Then you have to set out to solve the problems as they arise.

Too often those problems seem bigger than they really are. The phone line goes down. The internet connection goes down. Email stops working. The file server disappears off the network. A disgruntled client calls and starts giving you grief. You're uncertain about whether or not new clients will walk in the door tomorrow, next week or next month. Bills arrive at your desk which you forgot about or didn’t anticipate. You end up with too much work and cant possibly get it done in a timely fashion. The problems which arise are endless. A successful lawyer views those problems for what they are and sets out to solve them in a rational way.

The hardest part about being an independent practitioner is finding the right mindset to deal with the issues which arise and laying in be awake at night trying to figure out how you are going to solve them.    

Finally Announcing My Law Firm

I now have two virtual law clerks and one paralegal working for me at about 100 extra hours per week.  This should handle my overflow capacity for the next two months or so.  I am now ready to announce my 3 month old firm to the world.  As noted previously, I was smart to be patient in sending these letters until the firm was fully operational and ready for traffic.

We sent out our first round of 150 announcement letters last week to lawyers and judges.  For each of the next two weeks, we'll send another 150 to the bench and bar. We tried to space out the mailings so that well wishers would not call all at once.

In three weeks or so, we'll send out letters to clients and prospective clients.  This will coordinate well with our Johnny Advertising campaign and general announcements to the media. I am also considering truckside advertising using a product called TruckSkin.

Will these letter generate any new business or referrals?  Only time will tell.

Not Yet Announcing ... My Law Firm

When you open a new business, there is a temptation to want to tell the world right away.  I would recommend anyone opening a new law firm to be careful not to send announcements too soon. Here I sit some 2+ months after starting my new firm.  I still have not sent announcement letters to attorneys or clients despite my initial plans to do so right away.  And it has worked out much better.

I was initially delayed by the fact that our plan to rely exclusively on cell phones for business was hampered by the fact that reception proved to be spotty in my office and non-existent in Jenny's office.  Once we got our ISP phone through lingo.com hooked up, we were already swamped with business.  We couldn't imagine taking in any more cases and did not want to provoke referrals until we could handle the load.  We then set out to hire virtual law clerks and paralegals.  Now that we have two law clerks on board part time, and one part-time paralegal, we are confident we can handle additional litigation any matter that comes through our announcement and coordinated marketing campaign.

The delays have been to our benefit.  We will now coordinate our mailing to about 500 people, with our summer advertisement campaign through Johnny Advertising (yes, rest room ads which I will post about in the near future) and a coordinated press release.  From a  marketing point of view, we want people to see us three or more times over a short period.  Also, our physical offices are in better shape to receive visitors.  And I will be in a much better position to handle the calls, many of which which will be congratulatory, than I was my first two months in business where I spent a lot of time putting out fires. 

My LexThink Outline

LexThink has asked me to comment on the following issue:  "How would you build the perfect professional service firm?"  I have prepared a PowerPoint presentation (please allow for download time) which captures my baseline thoughts on the issue.  I prepared it last night and this morning just before ....

Well, if you read this far, you have likely also read the above post.  You already know I had answered the question of the day before the question had even been presented.

Perhaps the question for LexThink should be one step further back from the one asked.  Maybe the question should be how could anyone build a service centered firm under the current system of  law?  How could anyone solve their client's problems with assholes on the other side of the 'v' obtaining retention contracts, placing barriers to resolution and perpetuating legal matters to line their own pockets with hourly fees?  How can we win this war if we don't attack, fight and risk it all to reclaim a justice system closer to its ideals? 

And even one step further back ... Isn't society right about the law and lawyers in general?  Can we blame citizens for their frustration with lawyers and the legal system?

Our First Fee Split / Our First Disagreement

Well.  The wheels have fallen off the relationship with the old firm (they have been wobbling as of late).  They view quantum meruit as all hours worked by paralegals, associates and partners at the same billing rate.  My view is captured by the following post which I made at the time.  Thus, the ratio of fee split on settlement money is 'in dispute.' 

It appears they pulled  a fast one on my way out the door when they drafted the agreement on split in terms of "lawyer / paralegal hours." They say this means raw hours rather than hours multiplied by billing rate.  Of course, this pays them more than the quantum meruit they would have been entitled to  under law, and drags my fee down towards a paralegal rate.

...  Despite the fact that all discussions and number crunching dealt with quantum meruit ...

...  Despite the fact that no one ever proposed or discussed valuing all hours the same (which would have been ridiculous of course)...

...  Despite the fact that there would be no reason for me to agree to such an absurd formula ...

Be careful who you play with on the playground of capitalism.  You are the company you keep.  Karma can be a major pain in the ass.

… My Wife's Top 5 Questions about LexThink

After being invited to attend, I was immediately struck by the question: “What is the goal of LexThink?”

Dicitonary.com defines “lex” as follows:
lex  n. pl. le·ges : LAW

So I can only surmise that LexThink is probably suppose to make you think…about law.  [I am certain that it the consistent demonstration of analytical skills which has placed me squarely on the invite list to this important conference of legal thinkers, albeit at the very last moment after a few concilations.]

Attendees will come to LexThink  fresh off a 3 day ABA Tech Show, which itself is preceded by the Blogger’s Dinner .  Attendees should each come with our top 5 most important issues in law and practice.  Attendees raise the issues they bring to the floor in an informal Open Space meeting format (self-managed workgroups with no agenda ;-). In the grand spirit of the internet itself and Ayn Rand’s objectivism, problems are identified and solutions proposed in a sort of anarchistic framework where Darwinism rewards the strength of only the best ideas.

With all the ‘thinking about law’ I have done these last 4 hours or so, my brain is abuzz with notions of changing everything about the practice of law.  So it was no wonder that within hours of being invited to LexThink a mere 2 hours after arriving home, I have already bored my wife to tears with all the details of who is coming [“No I have never met them or seen them on TV”].  I have explained in great detail - but without much by way of specifics - why this conference is so very important [“yes love, some of them even make money and work for real firms”].   She patiently listened to many things that have nothing to do with getting the children (7, 5, 3 - all boyz) in pajamas and bed. She privately wondered, I have no doubt, about the wisdom of taking 5 days off from a newly opened law practice to go hang out with a bunch of computer geeks who will never be clients. 

I know LexThink must be an important event because my wife smiled and tried to look interested as I rambled and she even pretended that she thought it was important as well ... and that almost never happens at my house during bed time.

In tribute to my beautiful wife’s patience and for not dousing my obvious excitement in cold water [at least yet. I can hear screaming children upstairs right now], I present to you the reader with …

… My Wife's  Top 5 Questions about LexThink:

1. So I don't understand, are they lawyers?
2. You mean you aren’t the only one whose marketing plan is to attack the entire legal system?
3. What, you’re not coming home from Chicago until Sunday night now?
4. Doesn’t it scare you that no one can think of an agenda?
5. So you’re saying law.com will pay you to write stuff?

I will dwell on the questions my wife has posed, although I am confident that the answer is yes to all but the last question on the list.  And as to that question, I will let my wife dream of publishing riches, so that I can safely go to Chicago for 5 days of my own slice of heaven. 

On a serious note, I do hope that the answers to important LexThink issues will advance and change the way law is practiced. I couldn’t stand to think about an entire career trying to represent my clients against parties who are represented on the other side by the traditional hourly billing model.

I come to LexThink with passion in my heart and actions behind my words. I come ready to learn and listen. I sincerely appreciate the invitation.

A Duty To The Client

As time moves forward, my old firm seems to be struggling with certain basic ethical concepts.  Their overall approach to virtually every issue that arises is centered around ownership of clients.  In the last two months, I have not heard a single word about protecting any client interests.  They apparently told one client that they had no choice but to stay with the firm because the retainer contract with was the firm.  If true, this was a major ethical breach. The ethics rules mandate that the client be fully apprised of the situation caused by departure and that the client selects who will represent them moving forward. Law firms which take a 'client ownership' view forget that their duty is to protect the client's interest, and to keep the client fully informed. It is hard to protect the client when you have both hands on your wallet and both eyes fixated on the client files.

I am no longer of counsel with the firm as I had to opt out in order to avoid getting conflicted out of cases.  The further I get away from my old job, the more I realize that I should have left sooner.  Lawyers who see clients only as money have become all too prevalent. What's worse is that lawyers who work for such law firms too often rationalize their employment by convincing themselves that they merely watch such behavior from the sidelines.

I know I convinced myself that some of my partner's attitudes and business models were not my attitudes. What I now realize is that by furthering the firms goals, I was devaluing the very things about the profession which I now strive to protect.  Lawyers must demand ethical and professional accountability from their law firms, or leave those firms for more professional pastures.  No lawyer can claim to be an innocent bystander when it comes to curing the ills of the legal profession.

Is it any wonder people hold lawyers in such low esteem?  Shouldn't the public have a right to expect more from our profession?  As long as lawyers distance themselves from what goes on at their law firms, will necessary changes ever be instituted?  Too many questions for today...

Being able to focus on my client's interests without distraction is an incredible feeling.  The clients seem to like it as well.... :-)

Last Day of Pay

I have been looking to get off the pay-roll at my old firm but have been delayed waiting for my insurance to kick-in.  Once I can bill through my new law firm, and my old firm isn't paying salary or benefits, I will feel much more 'free' and at ease. Coverage was confirmed today.  My out state practice and trademark work caused several insurance firms to withdraw, leaving me with one option.

Office Space: Everything was delayed pending ripping out cement for the shower in the new space.  No finish work or carpet could be placed until the mess of cement work was complete.  The bid for the shower took 2 weeks longer than promised which meant nothing much was happening to finish the space. Finish construction is now in high gear.  All in all, the project has moved much faster than I expected.  Regardless, it took a lot of prodding and telephone calls to get this project moving towards completion. Today I found out they forgot to order the carpet.  I chose a different carpet design which they believe is in stock and thus ready for installation in two days. I should know more tomorrow.

Standard Property Insurance: Easy pickings.  I worked with a local guy who made it happen fast.  Annual cost is something like $250k for $50K property damage/theft plus $250k in premises coverage.

Computers: Wireless and paperless. Document management software. Case management software. Adobe mark-up tools. I ordered through HP, CDW and my local network company.  I had to change laptop selection today in order to avoid back order delay to March.  DSL package activated yesterday.  DSL, MFP and network installation starts in 4 days. Pretty smooth so far considering. I recommend working with a network vendor on design, product purchase and installation.  I'll post my design and software choices soon.

Client Paperwork: I started obtaining the file release, new retainers and other client paperwork this week. I still have a lot to do, but the forms, logos and detail work is done. My old firm and I are in the final strategies of agreeing to formulas for shared compensation on contingency cases.  We have already divided hourly cases(which will be rolled into alternative billing retainers with my new firm).

Marketing:  Logos, web site, business cards and stationary complete. I am however waiting to confirm fax number in fact works at MFP level before final approval with printer on business cards, stationary, etc.  Beware! My fax number changed twice during this process.  Don't even think of printing materials until you KNOW the phone and fax numbers work. Our big marketing letter will go out next week after we are operational so we can handle the calls which will inevitably come. Don't market before everything is confirmed, operational and you have a block of time to leverage the mailing and incoming calls.

Phones: We have gone with a pure cell phone solution.  $130/month for two phones, unlimited calling, voice mail and other cool cell phone features. This solution, while more risky, saves us monthly land-line payments,long distance charges,pricy phone systems, etc. I figure we are saving a couple grand/year here.  We purchased the latest cell phone technology with wireless headsets (bluetooth enabled), unlimited voice mail, multiple voice mailboxes, voice activation, conference calling, speaker phone, etc.  This stuff is mid-level with today's phones.  Each phone unit cost about $200. We will train clients to call me for me issues and Jenny for Jenny issues. Clients love it when I answer my own cell pone,including weekends and evenings.

Office Furniture: More expensive than I had planned.  We decided that the cheap stuff was still very expensive and so we purchased good stuff instead (I am enjoying my new kneeling chair right now). Payment plans with 12 months no interest are readily available.  I am waiting to get the 'feel' of my space before I decide on furniture. I am using a laptop computer cart for now.

A Graceful Exit

The often dreaded client/matter meeting happened yesterday and came off very well.  As we went through my case list, we broke down clients by origination, quantum meruit, case cost, hourly or contingency, expected desire of client and other factors.  On the big contingency fee cases where the firm had a large quantum meruit and case cost figure already invested, we decided to co-counsel those cases.  Payment of money post-settlement or verdict will go something like this.  First all advanced costs are paid.  If there is not enough money to cover quantum meruit of each firm, we pro-rate the money based on the percentage loss (if there is only enough to cover 80% of the total fees, each firm gets 80% of their quantum meruit).  Money in excess of quantum meruit gets paid also on a quantum meruit basis (80% of the time gets 80% of the excess).  My current firm will pay all costs on a moving forward basis to protect their investment.

Other cases will be handled on the same quantum meruit basis with one key variable. If the firm continues to pay costs, they share in excess fees.  If they don't, they are capped and quantum.   Also, all quantum meruit calculations will be adjusted with an 8% reduction in my time since my profit sharing percentage usually ended up in that range.  The idea here is that the firm should not benefit from the fact that I am  no longer here. 

I was asked if I could be listed as 'of counsel' on the firm's letterhead after my departure.  This benefits the firm in that it will quell speculation about my departure (and many lawyers have left this firm in the middle of the night with files in hand).  I don't believe that it will hurt my marketing of services, although it might impact some potential referrals.  Regardless, I owe it to my firm to help out in this regard.  The Greatest American Lawyer would certainly do the same. 

All in all, 'doing it right' has thus far paid huge dividends.  My partners took me to lunch earlier this week and we had some great laughs.  I have the flexibility I need to get into my new office space.  My salary continues until that happens. I have covered case costs on my largest cases moving forward.  I have a great foundation upon which to build.

So many lawyers leave their firms, along with a trail of ill-will.  I could easily make an argument of being denied or ripped off in any number of ways from my time here.  But I rarely think that way.  I speak with my feet.  If I choose not to speak, then there is no blame except onto myself.   If I do speak by starting my own firm as  I have done, then there is nowhere to look except forward. Anything else would simply be a distraction from the more important things that await me (an of course the million tasks required).

One week post-'I Quit.'

Focusing on staying focused. 

I am squarely confronted with a mixture of excitement and endless tasks.  I find myself picking out carpet for new office space, to pricing computer equipment and researching DSL/cable options [SBC says there is no DSL at the commons, although the developers say it exists].  I am meeting with my computer network guy tomorrow.  He as got me into some pretty amazing stuff. Airspace wireless solution with VPN, MFP for paperless office (every piece of paper will scanned in, and paper will be boxed and stored.).  I will share technology quote on-line. 

Because of the potential two week delivery time, I have to order Monday. That leaves projected network operation date of about Feb 2.  I have a physical address and am finalizing the logo and stationary.  I am converting my blog sites into marketing for my new firm (I do about 350 hits a day on five vertical market blogs and ave generated three paying clients and one referral).  No amount of endless tasks as a non-solo.

Jenny:  How are we doing so far?

Big Boss Rocks! [so far]:

Big boss has gotten over his initial disappointment in my departure and is focused on making the transition smooth and mutual.  Of course, we have not had to deal with some tricky issues which will soon come into play, like specific cases, quantum meruit, case costs, etc.  But I could not be more pleased by the attitude and professionalism of my partners [they still have not told the associates and staff yet].  So far, ‘doing it right’ is making this much easier than I ever anticipated.

Of course, the firm has identical interests as I do on many key issues such as:

1.       Diminishing the speculation ‘on the street.’

2.       Diminishing the ‘blood in the water’ mentality of the local bar [many of the top firms are built by ex-lawyers of my firm who have major grudges].

3.       Preserving quantum meruit and advanced cost investments in specific cases.

4.       Winning cases that both stay and go with me.

It help that I just settled a case that will net $30k to the firm yesterday and will no doubt bring in another $40k relatively soon.   $70k on my way out the door doesn’t hurt the process. 

I QUIT!

Well.  I gave the firm notice today.  Big boss took it hard, immediately doing financial calculations in his head and contemplating how this would affect him.  We agreed to disagree about his "I've invested money in you" analysis (which I knew would be his immidiate reaction) vs. my premise of  "value paid for value provided."  The fact that the firm as always made a significant profit off my efforts seems to have been lost in the calculations about how much more money I would make the firm if I stayed. 

The other partners took it very well, two of which indicated that they were surprised I stayed for so long knowing the aberrant that I am.  In short, my above board approach (I have told virtually no one of my plans and have not told a single client) has proved to be every bit as important as I thought it would be [thus far anyway].  The firm feels less threatened and more open to mutually beneficial exit strategies than I would have expected.

The best news of the day was that my secretary enthusiastically jumped on board, rejecting the immediate job offer from the firm to stay.  She is as important to my future success as anything else.  Together we shall build a one of a kind firm in our medium sized town.  Together, we shall build our dreams....speaking of which, all I can really say now is ...

Look at what's happened to me,
I can't believe it myself.
Suddenly I'm up on top of the world,
It should've been somebody else.
 
Believe it or not,
I'm walking on air.
I never thought I could feel so free eee eee.
Flying away on a wing and a prayer.
Who could it be?
Believe it or not it's just me.
 
It's like a light of a new day,
It came from out of the blue.
Breaking me out of the spell I was in,
Making all of my wishes come true ue ue.
 
Believe it or not,
I'm walking on air.
I never thought I could feel so free eee eee.
Flying away on a wing and a prayer.
Who could it be?
Believe it or not it's just me.

Greatest American Hero Theme Song Lyrics
Title: "Believe It Or Not"
Written By: "Mike Post and Stephen Geyer"
Performed By: "Joey Scarbury"

More later.  Tonight I am going to rest and enjoy my family.  Tomorrow, skiing.  Then there are many details which need to be taken care of.

Don't wish us luck!

Temporary Insanity

I just received a very nice message of support from robhyndman.com whose tag line is right on - ~ any technology that is distinguishable from magic is not sufficiently advanced.  His message of support [he apparently has traveled his own path towards solo practice] was great. But then I scrolled down into his content and found a post about an appearance by John Stewart of the Daily Show fame on the October 15 show Cross-Fire. I had never even heard about his appearance where he slams the right and left media for pandering and the political system of selling politics no different than huge corporations sell hair growth products.

Something hit a deep nerve in me when I read the transcript. I swear that John Stewart's stark honesty on Cross-Fire reminds me of Howard Roark in Ayn Rand's 'The Fountainhead.'  As you read the transcript, you realize how close he is to Ayn Rand's view of man and our obligation to take more than token non-moral stands on issues. Stewart's demand for more from the media to obtain depth of information about issues and force politicians to speak in something other than sound bites is classic Roark ideology.

John Stewart’s speech and tone during the interview made me wonder where I am really headed. Can I handle all the free speech which this blog and non-solo practice may afford me?  I could explode just pondering the possibilities and potential outcomes from the leap of risk/reward.

It seems that all of my lives and the people I have been and the names I have gone by are coming together right here, right now. I mean, I was such a shit-head associate out of law school, selling my services to the highest bidder, rationalizing my decisions based on some future promise of some future code of practice 'once I was running things.'  The practice of law sickened me so much that I quit my job of private jets and limousines [asbestos class action litigation] dropped off the face of the earth and moved into my car, literally.  I stopped using the word "I" which left me virtually silent for over four years.  I changed my name to run from the life I had led and to offer the best chances of rebirth as the person I really knew I was inside. I read the Tibetan Book of Living and Dying for almost 6 years. It was the only book I read but for stints of Ayn Rand [interesting contrast I will talk about sometime] and I read it a lot, certain sections thousands of times. I did not practice law  for over 6 years (except for one case in Boston Federal Court on behalf of a gay owned and operated corporation whose trademarks had been grossly violated) and set out to purge my sins of association.

All of my efforts to find ‘my path’ and then stay onit as I traveled down the road of life -- from minimalism to wealth to poverty to drifting to re-entering society and taking a job as a first year associate at a small medium sized town law firm at $50,000 which seemed a fortune compared to the years at the edge of material poverty – have brought me to this spot. My years as a sweat equity founder of an eventually failed intranet company back in 1995 which introduced me to software code, run time errors, group collaboration tools and this new gadget called TCPIP.  My introduction to everything internet. And Typepad, which I screwed around with three months ago only to see if I could improve my search engine rankings on vertical content web sites, and has now become the last piece of an intricate puzzleof 'becoming'.

The internet is entrenched [it took longer than I had hoped]. Free speech rights still exist largely intact. And there are ….blogs. And blogs provide interesting content never before available to man. And now authoritative people are blogging. And scholars are spewing their ideas unto the world, many of which will remain available for others to see, analyze, think about and link to.  No one can stop them, these people with thoughts and ideas. Both the means and the will to make a difference, which by definition includes changing the world around me, are now in place.  All of this has brought me here inside this anonymous blog looking out at you while looking in at me.

Which brings me back to the email from the well wisher whose own blog contained a post about John Stewart telling it like it is. And it makes me wonder, what will I say – I mean really say -- once I have the chance? What difference will I make, once I have no more excuses? And is the world really ready for the speaking me who uses the word “I,", no longer believes that I can live apart from society without opinions or obligations and is free to wreak havoc upon the conventions and norms which so superficially rule this 2005 world?

Did I mention I was a trial lawyer, one of the few professions which can really inflict change on the world against it's will [or at least its norms]? I am now scaring myself.

Thanks again to my new friend http://www.robhyndman.com/ whose single email gave birth to this rambling post inspired by Jon Stewart on the eve of “I quit.” 

It is almost tomorrow and well past my bed time.     I hope tonight I sleep for rancid dreams and fitful sleep have haunted me for days.

Blog-a-thon tag: EFF15

Countdown to Freedom

The mortgage lady called today.  We are cleared for refinancing subject to title search and appraisal.  Still hoping for  Friday closing and notice to law firm that I am casting off.  I received "SMP" ["See Me Please"] messages from the Big Boss today.  I will definitely not miss stickies from the Big Boss.   I'm just not cut out to explain myself to anybody.  Soon I will answer only to my clients and myself.  I can almost taste the sweetness of simplicity, embrace the purity of selfish motive and roll in the pleasure that is freedom from politics.

I also had lunch with my computer network guru.  I should have options and pricing, as well as a payment plan, for my technology wish list by weeks end.  Of course, I will post them here for the future reference of others who are inspired to practice law on their own terms, in their own space, by their own will.

Here is a link to some rough draft notes I prepared a while ago.   These are the thoughts that have driven me directly and indirectly.  These are the footings for my firm.

News From The Mortgage Lady

Word is that the re-finance paperwork was turned in yesterday with request to close by Friday, no later than Monday.  We’ll see if they come back for more paper.  I negotiated a rate ¼ below prime.  I am closing out my current home equity line and paying off the underlying mortgage with a single line of equity about $70,000 more than the existing mortgage. Sound complicated?   With credit cards, I’ll have about $100k to work with for start-up. Most of that is reserved for start up technology and salaries for me and my secretary.  Since I have 5 contingency fee trials between January and May, including one on the other side of the country, I may not be able to engage in sufficient alternative billing to cover the overhead the first several months.

If all goes well, I’ll give notice on Friday. January 7, 2005.

One Year Blog Survival Plan

Dennis Kennedy  has an interesting new article out  in Law Practice Today. Mr. Kennedy has distinguished himself as a leading source for forward thinking.   He always has solid link lists and his blog is one of the most visited on the web. Mr. Kennedy -- unwittingly no doubt but complicit without doubt -- is one of the true non-solo resources who make you aware and empowered that you are not alone, and thus not solo.

Here is the link : Crystal Ball Resources for Looking into the Future of the Practice of Law    
...

And in response to Dennis Kennedy's call for a one year plan for new legal blogs with ‘too sharp’ names like this one, I offer the following Kennedy observation and response to his call for action ...

A shocking percentage of legal blogs do not last longer than a month or two. Blogging is hard work, especially if you don't have a good understanding of what you are getting into. I'd like to see more blogs launched with at least a one-year survival plan.

Here is My One Year Blog Survival Plan:

1. Commit and, after inevitable periods of hiatus, re-commit to publishing. It is possible to write down 1  new idea a day and hit post.  Get a laptop and write while watching a basketball game.  Four quarters is   a lot of time. Remember to think long term.  It is not what you can write in a week, but a year.
2. Understand that value can be clients (real lawyers have blogs) or simply feeling the freedom which is the first amendment.
3. Value is: 
   • Value is providing you a voice, a podium (which all lawyers like anyway) and constant guideposts for practice.
   • Value is respect for ideas.
   • Value is a grass roots movement about change. 
   • Value is intangibles.

1. Remain Anonymous: Any idea can be written without the shade of the writer’s ego or the concern for    consequence.  Despite recent controversy about blogging anonymously, I embrace it.  It gives me additional freedoms which is important for the things I have to say.

Dennis Kennedy would certainly play the smart money and bet this anonymous blog will be gone in a few months including its too cute name.

The second trend I'd like to see more people avoid is the "cleverly named" blog approach, often where it is difficult to determine who is the author or how to contact the author. For better or worse, people know who is the author of my blog. I occasionally have exchanges of email with people who I only later learn are the authors of blogs I read. Blog naming reminds me of the early days of Compuserve, AOL and the Internet where people used nicknames for email addresses. Using a clever name can cause all kinds of issues as time goes on.

Such is the plight of the aspiring non-solo. Many think he’s crazy. Many predict his demise.  But only he enters into battle ... His blog lives or dies by the stroke of his keyboard and the tolerance of his peers and family in competition with the computer.

The most important person who needs to listen to me is me. Jump Jump Jump

Clearing Cash To Start Business

Today is home refinancing day.  I have spent some time arranging to drastically reduce the payment so on my house to reduce my monthly overhead.  I have a $83k line of credit which I also need to preserve. 

I am opting for a total mortgage payoff by opening a single line of credit in excess of the value of my house.  The credit line available above my home mortgage payoff should be pretty close to my current home equity line.  Thus, I should reserve my $80k line, but reduce my monthly payment from about $1,800/month to $800/month at the current prime interest rate.

In short, I will have about $70 to get this plane off the ground.  If the plane fails to take off, we lose the house.  Don't wish me luck!  Skill will be the fuel which launches this plane skyward....

Technology Wish List

I have a $10k budget for technology which I view as perhaps my second most important investment at start-up. [the first being the person who who fill the roles of office manager/secretary/client relations manager].  I won't be able to buy everything below right of the gate, but I should get close. 

Technology is critical since it will allow me to turn around work product more efficiently, allow me remote access to everything, ensure no deadlines or dates are missed and allow me to provide value to my clients at a level equal with or better than most larger firms.

Wherever there is no hyperlink, I am still gathering information.  If you ave any ideas, please leave a comment. Here is my wish list [too bad Santa has come and gone]: --I'll fill in prices as I go so future non-solos can know base cost --

1. Basic Windows network set-up
   1. Server, 1 desktop and 1 laptop.
   2. AppRiver spam filtering for email
   3. Office Professional  Edition
   4. Powerpoint for presentations
   5. 4 hubbed flat screen monitors for courtroom presentations.
2. DSL Connection
3. Paperless office.
   1. Multi-function printer, scanner, fax. [undecided]
   2. Adobe® Acrobat® 7.0 Standard

   3. Adobe® Acrobat® Capture® 3.0 software

   4. Document Management Software[unknown]

4. Case management
   1. Amicus Attorney X Standard Edition. [$600 for me and my secretary]

5. File Hand Search Software

6. Billing and Accounting Software [unknown]

7. Desktop Access From Remote Locations
   1. GoToMyPC.com subscription [$20/month]

8. Digital Transcription System
   1. QuickScribe Recorder and Player [$900 for recorder and player for me and my secretary].
   2. QuickScribe transcription service as secretarial backup. [per line charge]

9. Simple home wireless network
   1. DSL

   2. 1 desktop

   3. 1 laptop (already own)

10. Blawg Tools
    1. Typepad [$12.50/month]
    2. Pluck RSS Aggregator [free]
11. Research Tools
1. Lexis Nexis