Barry Seidel - Evolutions of a Law Practice: How I Opened My Own Practice Right Out of Law School

Copyright 2019 by Barry Seidel

All rights reserved. This book or any portion thereof
may not be reproduced or used in any manner whatsoever
without the express written permission of Barry Seidel
except for the use of brief quotations in a book review.

Printed in the United States of America.

Cover art by Ryan Urz through 99 Designs

Although this book discusses certain legal issues and principles, nothing contained in this book should be considered as legal advice. Individuals or entities with legal issues should consult with appropriate legal counsel of their own choosing.

First Printing, 2019

eBook ISBN 978-1-54398-953-3

Author contact info:

Barry Seidel. Esq.

Bseidel@barryseidelassociates.com

www.EvolutionsofaLawPractice.com

Contents

Why I Wrote This Book

Contrary to much discussion, solo and small firm law practice is not dying. Things are not what they once were for people who want a traditional job in a law firm, though such jobs are still out there too.

While employment prospects have become more difficult for lawyers seeking jobs, law practice opportunities abound, especially for entrepreneurially minded individuals.

I dont know any solo or small-firm lawyers who are struggling to find clients. Good clients, perhaps, but thats simply a matter of fine-tuning and focus. In reality, if one has a modicum of skill in a particular area of law, there is abundant and growing demand for many kinds of legal services.

And the bottom line is: if one wants to launch and run their own successful practice, it is entirely possible to do so.

I wrote this book to help lawyers and law students who are on their own or are considering that path. I hope my story will encourage people to consider entrepreneurial possibilities, to evaluate their career plans, and to pursue viable career options.

As youll see, once youve started its easy enough to bring in business and keep busy. But of course, there are many more business and life considerations.

I hope my story encourages people to discuss such things.

I hope my story helps some people make better decisions and take action if they should.

Pro-actively or re-actively, everyone will have a career path.

Sometimes its hard to state specific goals, but I hope we can share this one.

WHEN YOU LOOK BACK HAVE NO REGRETS!

A note on this books structure: This is essentially a memoir about starting my own solo law practice and the various business and personal evolutions that followed. Ive included some real law stories, though of course Ive taken care to change names and details to protect clients identity and privacy. The stories are all true, and in context for where I was in practice at the time.

I opened my own law practice right out of law school in 1982. Ive never had a traditional lawyer job. Practices evolve over time. Mine is currently in its seventh incarnation. Ive made many business and personal decisions along the way. Sometimes change arose reactivelythe desire to not be doing that anymorewhile other moves were more prospective, based on the desire to focus on something new.

When I shifted away from certain areas of the law, the time spent on those fields was never wasted. I always learned, though sometimes not as quickly as I should have. Over time, Ive been able to adapt faster, act sooner, and become bolder. Sometimes I made mistakes and then compounded them by hanging on, doubling down in the wrong direction. But, whether through choice or necessity, eventually I always rerouted my efforts and steered where I needed to go.

I graduated from The State University of New York at Stony Brook with a degree in political science in 1978. Like many pre-law students, my thoughts regarding the path to success were linear: go to the best possible law school so I could get the best possible job. It didnt seem too complicated.

Following this strategy led me to the University of Texas Law School. At that point, going to UT Law and living in Austin were the biggest adventures of my life. I enjoyed law school and living in a different culture, but going to law school in Texas was not the usual path to a job back home in New York City.

I suspect most law students only envision themselves as actual attorneys in the abstract, if they think about it at all. Like my classmates at UT and my friends in other law schools, I merely hoped to get a good job after graduation. We didnt talk about the day-to-day realities of law practice, just about getting into a good firm and one day making partner. Whatever that meant. To be honest, I didnt know. I listened intently to all this talk and spoke little.

My first inkling of employment challenges ahead came during my second year. Park Avenue and Wall Street firms recruited at UT, and I interviewed with twenty of them. Each interview was like a bad blind date, with an awkward sense of this isnt going anywhere, is it? always in the air. I knew where I stood when most never called back.

I did get a second interview with a firm that defended accountant malpractice cases, but even then, I knew there couldnt be enough money for me to spend my days doing that. I also got a call back from a firm doing surety law, but I didnt pursue it because in my mind, it sounded boring. Of course, this really meant I didnt know what it was. Years later, I worked on some cases involving surety law. The field concerns a special kind of insurance (called a surety bond) designed to make sure someone does what they are supposed to do, and if they dont do it (or do it poorly) a claim could be made against the bond. Its kind of interesting. But back then, I knew best, so I passed.

After my bad interview experiences with the big firms, I figured Id have to settle for a job at a smaller firm when I graduated. I wasnt discouraged by the rejections. I thought it made sense to get some experience, and I also needed to make a few bucks, so I checked the employment board in the law schools placement office.

I got a part-time job at a small Austin law firm, Milner and Smith. The firm had two partners, three associates, and two law student clerks, plus some support staff.

It was a great place to work and learn. I worked closely with all five lawyers on their projects and assignments. Joe Milner was the principal attorney there. He specialized in matrimonial cases and general civil litigation. At that time, he was in his forties and had been practicing for about fifteen years. I observed that not only was he an expert in his fields of practice, he seemed conversant and interested in many other areas of law.

His associates, who had various levels of experience, were all hard workers. From my perspective they all seemed like fine attorneys. They mostly worked independently, though they frequently consulted with each other and with Joe.

On my first day, Joe gave me my first assignment. (Note throughout this book all client names are fictitious and facts are varied enough to protect confidentiality; all attorney names are real unless otherwise noted.) Joe wanted me to help his client, Mrs. Paulson. She was a seventy-year-old woman who Joe had represented in two divorces. According to Joe, she was a decent client who paid her fees on time and in full. He wanted me to solve her present problem, which involved some insurance questions. He wasnt exactly sure what the problems were because she had a speech impediment and he couldnt understand the full story over the phone. In the past he had met with her in her home, but he didnt want to visit if it was not really necessary. He asked me to drive over to her house, see what was going on, straighten out what I could, and keep track of my time so the firm could bill her.