The Risk of Failure

The message of this video is a good one, so long as you don't concentrate on ULTIMATE failure. Watch it, then I'll explain.

Obviously, you can't start your solo practice with an attitude of "well, failure happens." But failures are going to happen along the way. Not just court losses, but maybe slow months, an inability to meet expenses, a lost client here and there, even failed professional relationships.

You have to slog through these setbacks, but you have to do more than that. You have to recognize the failures and spend time analyzing them so you can learn from them and adjust. That's something I don't think I did enough of, though I'm sure making up for it now!

Hat tip: Sheryl Schelin at The Inspired Solo.

Dress for Success?

I wrote most of this post about a month ago, when it looked like my blog was actually going to bear some fruit. But I can tell you that in that short time I have somewhat soured on blogging.

I work damn hard on my professional blog (I don't mean this one). I can't spend just 20 minutes a day on it like some law bloggers because I cannot "blog my work" -- it's not the nature of my blog.

So anyway, here is what I started writing about a month ago. I'm not sure I believe it any longer, for reasons I'll explain at the end.

Start reading a blog called Real Lawyers Have Blogs. The guy who writes it (and I believe founded the company Lexblog), Kevin O'Keefe, is considered an internet marketing sensation and he knows what he's talking about. There's reams of advice over there.

This post is going to give you some of my personal experience. Not for this blog, obviously, which isn't even two weeks old. No, this post concerns my professional, substantive law blog, which is less than a year old -- and which, in order to retain my anonymity, I cannot name, since my real name obviously appears on my professional blog.

I noticed that my blog started gaining more traffic as time went on, and when I looked at referral sources, I saw that most of it was from Google searches, and that a lot of the traffic was to older posts. Those two factors suggest that your traffic will naturally go up as the number of posts accumulates because there are now more Google searches that will turn up posts on your blog. You may be frustrated early on that non one seems to be reading your blog. Keep with it, and you will see the traffic grow.

A blog opens a relationship with your prospective clients and referral sources. Like all networking relationships, it takes time for it to bear fruit.

Blogging can be a little intimidating. Everyone that tells you to start one tells you to do so at least in part because a blogging on a particular area of the law connotes expertise in that area, and maybe you don't feel like an expert because you're going solo right out of law school or to start practice in a new area of the law. But you can't let that show. Who cares if you say something that people won't agree with. Lawyers disagree all the time. You're all smart enough to make sense most of the time, so don't be intimidated about blogging.

In fact, maybe you are going solo specifically to move into a new practice area. So you might start substantive blogging even BEFORE you open your practice. Your blog is probably portable -- as long as yours is the name on the blog and you do no more than describe yourself as an employee, you might be able to take your blog with you. I think Carolyn Elefant's new book, Solo by Choice, has a chapter on that subject.

My own professional blog is about nine months old. It took several months before it brought in a client inquiry, and it has brought in a total of 20 or so client inquiries, none of which I could take because none of them had any money. But the inquiries came, and they have lately increased. So I think the earlier, the better.

By the time you go solo, you will have found your true blogging voice and will be in fine form to announce your new solo status on the blog.So, in ten months of blogging, I have converted exactly ZERO inquiries from it into paying clients because NONE OF THEM HAD ANY MONEY.

What's changed since I started this post a month ago is that I have finally become fed up with people expecting me to work for remotely distant, improbable deferred compensation. It is quite amazing to me that someone can sit in front of my desk, present their case, and then expect me to take it for free or for deferred compensation that has a very dim chance of materializing.

Do these people do this with their doctors? Veterinarians? Grocers? Gardeners? I doubt it. But somehow they think that when they need a service where there is a lot of money at stake, they should not be expected to pay anything up front or even pay as they go.

I suppose it is fallout from all of the personal injury advertising you see. But I am in a field that is not often suitable for contingency fees.

In any event, I am now convinced that the only thing I have accomplished with my blog is to educate other lawyers in my field, convince lawyers in other fields that they can do what I do without hiring me (when I am actually trying to convince them that they need my expertise), and attract penniless clients to my office like bees to honey. I'm getting rather tired of it.

So maybe one part of my advice stands: read the blogs about law blogging. Maybe you'll pick up some tips that will help you avoid my predicament. But honest to God, I have followed a lot of that advice myself, and it has gotten me nowhere.

I'm tired of hearing from people with no money. Do us both a favor. If you can't pay me, don't call me. As this post drags on, I realize that people with no money deserve their own post, so I'll stop here and get started on a new post.

Shifting from Marketing Mode to Working Mode is Tough!

I've been in such a fast-paced and time-consuming marketing mode lately that I'm finding it hard to get down to work with the new projects I pulled in during that time. I have enough work to keep me busy full time for about three weeks, but I'm only getting about 4 good hours of work in each day because I start each day with my marketing tasks: attend to the blog, write a post or two, read the day's decisions to look for article ideas, see what prospects I need to follow up with. It's time-consuming and I need to cut back on some of it so I can actually get some work done.

While I realize this intellectually, it's not all that easy to do. My marketing frenzy has been driven by my survival instinct. Like a shark has to move the the water constantly to survive, I have had to be marketing nearly full time. Now that I have actual work to compete with that, it's tough. When I sit down with my work, a part of my brain is gnawing at me, saying "Why aren't you marketing right now? Get out there!" It's as if I'm afraid that I'll start concentrating solely on the work and find out when I come up for air that there are no new projects in the pipeline.

So, how do I get over this uneasiness? I've got to remember that quality work is also a marketing tool, or so says The Greatest American Lawyer.  When I am immersed in an actual project, I'm just engaged in another form of marketing. I'll keep thinking that, anyway, and see if it makes it any easier. I hope so. I don't need the distraction while I'm working.

Don't Even Joke about It. Really.

There were times during the last three years that I kind of used humor to get by. Just cynical humor. Like when I just started and had no clients, I used to call myself "self-unemployed."

One day, my wife mentioned how our house was "starting to come along." We'd been painting here and there, tearing up some floors, other very minor and inexpensive home improvements that were starting to make a big impact. So my wife says, "We're getting this place in shape, hon! It's gonna look good!" To which I cynically responded, "Yeah, we ought to have it all fixed up right around the time we have to sell it."

It really wasn't funny then, back when I still had money in the bank. It's really not funny now.

Bottom line: don't joke about failure, even if grim humor has worked for you in the past. It has a way of becoming self-fulfilling, I think.

Desperate Acts aren't Always Useless Acts

I've had a nice confluence of the real world with the theoretical in the last several weeks.

Hungry for work, I decided to call a lawyer I know to see if he had any ideas where I could pick up some work or who might be looking to hire someone like me. You see, I am at the point where I am simultaneously looking for employment and looking for new clients (more on that in a later post).

I don't even know this lawyer all that well. In fact, I have probably spoken to him less than half a dozen times over six years.

So why did I call him? I knew he liked me. He interviewed me six years ago for a position with a firm he and an old friend were starting. He was solo at the time, his friend was (I believe) leaving a firm, and the two of them were starting up a new firm. He liked me enough, at least, to have me meet together with him and his new partner after he met with me alone. But they never made me an offer.

Then, out of the blue, around a year ago he e-mailed me to see what I was up to and perhaps if I could help him out on a project or two (which never came to fruition). Since then, I've e-mailed him every few months to let him know how things are going and to keep the relationship alive, so I would be on his short list if he needed help.

As I said, this time I called him specifically for advice on where I might pick up some work and/or find a job. He gave me the names of two busy lawyers he knows. I've already completed one contract project for one of them and am started on another. I've been in touch with the second lawyer and we should be meeting soon.

Here's the confluence of the real world with the theoretical world: I opened Carolyn Elefant's Solo by Choice to a random page the other day, and saw one of her marketing tidbits. I don't have it in front of me now, but it boiled down to this: instead of sending out a mass mailing that's likely to get thrown into the wastebasket on receipt, call half a dozen people to see if they can guide you to some work.

I placed my call out of desperation. But it also turns out to have been the sensible thing to do.

Lesson: if you already know some lawyers when you start your practice, keep in touch with them regularly. Seems obvious, so I'll add this caveat. Take extra care to keep in touch with lawyers that like you, whether they like you on a personal level or a professional one. The guy I called? I'd never done a stitch of work for him. He knew me from my resume, three personal meetings, a phone call or two, and a couple of e-mails describing my efforts to gain more business. But we got along very well on a personal level, and it paid off.

I've called to thank him for steering me to these other two lawyers, and you can bet your britches I'll keep this relationship alive. (After all, I like him on a personal level as well.)

The Difference a Check Makes

Image from WikipediaGot a check from a client today. Promptly after invoicing him. For every penny he owed me. A little over $700.

With the exception of a recent check I got from the state for some work done as appointed counsel for indigent criminal defendants lately, it's the largest check I've gotten in months.

I never -- well, not since I was about 25, anyway -- thought I'd be looking at a $700 check like manna from heaven.

Oddly, this check has buoyed my spirits. Not because the $700 is going to make or break my practice. But because the client paid promptly and has already given me a second project that will pay more.