Tuesday, June 3, 2008

I Wasn't Emotionally Prepared for My Move-Out

Well, you know that my lease recently ended.  And you know that I started with an office that was snazzier than I needed.  So, I should have been thrilled at the opportunity to downsize, and I was.
And yet, it has been a painful experience.  Packing up my office was a lot like those scenes you see in movies, where someone packs up the house they've always lived in, and every item they touch holds its own memory.  Except in those scenes, its almost always fond memories that are evoked.  In my real-life move out, the memories were almost all bad, about promise unfulfilled.
First, I was forced to face what a pack rat I've been.  All that paper!  most of which I didn't need and went straight into the recycling bin, where it should have gone months or years ago.
Them there was the substance of so many of those papers.  Lost opportunities.  Poor follow-up.  And in way, way too many cases, time wasted.
There were the memories of how excited I was to move into the office, certain of how impressed potential clients would be, and that I'd be making money within a year, two at most.  That unfulfilled expectation is really putting a damper on my hopes for the new place, though I know I have to learn from my past experience.
Anyway, those bad memories kept hitting me as I packed up the office, and it was really tough because my wife was helping me pack and our young daughter was there most of the day, too.  So it made me even more conscious than I usually am that those failures meant that I had failed my family.  Had I not been so busy with so much packing and moving to do, I don't know how long I would have dwelt on those thoughts.  As it was, thank God, I was so busy that I couldn't dwell on them.  Still, they were enough to stress me out, to make me short with my wife even as she was helping me.
Now that I think about it, this is a purely cathartic post.  Not much you can learn from it.  And I don't mean to scare anyone out of going solo.  But it this post instills a little fear in you, that's not a bad thing.

Wednesday, May 28, 2008

My Lease is Up! Time for a Fresh Look at Overhead.

You've seen me post previously about renting too much or too nice of an office.  That was a BIG mistake of mine.  Worse yet, I had an escape clause that I could have exercised after either of the first two years of the lease, and I decided each time not to exercise it.  Dumb.

At the end of the first year, I figured I still needed the nice space to impress those clients that were going to walk through the door "any day now."  After all, it had only been a year, and everything I'd read told me I was supposed to still be losing money (which I was), so I thought I'd take it another year.  The two-year point was the pint, after all, at which I was supposed to start making money.

So another year went by, time to either get out of the lease or stick it out for the full three-year ride.  To tell you the truth, I can't really remember why I didn't exercise the early termination clause.  I know it was a conscious decision (i.e., that I didn't just forget and miss the deadline), but I can't remember why I made it.  Could be that I had a burst of business at the time that both made it inconvenient to move and convinced me that prosperity was around the corner.  Could be I was just stubborn and wasn't willing to admit that I had bitten off more than I could chew.  After all, I still had money in the bank back then.  Whatever the reason, I stayed in the for the long haul.

Now, the three years is up, and none too soon.  Beautiful building, great landlord, nice location, even fair rent -- but even the fair rent is more than I can afford right now.  So I am downsizing quite a bit.  A home office wasn't practical, so I still had to rent space, but at only about 36% of the rent I've been paying for the last year.  That ought to help.

A friend of mine helped me move some of my office furniture into storage (another expense, but I'm hoping I'll need it again in another year or so, and storing it is much cheaper than buying the same quality all over again).  He said to me as we were carrying something down to the truck, "I don't mean to sound callous, but I remember asking you as you were moving in (he helped with that, too), 'Are you sure you need all this space and this nice of an office?'"  I remembered that very clearly . . . damn!.

The change in office is a good opportunity to reevaluate all of my overhead.

Phone lines and Internet ISP Gone!  It will be less expensive for me to use cell phone for voice, Sprint wireless broadband for Internet, MyFax for Internet faxing.  With the wireless broadband, I can drop my ISP.  No hard feelings towards any of my vendors.  The AT&T service was fine, and I would happily recommend DSL Extreme, which was great.  But money is money.

Westlaw subscription?  That $500-a-month monkey on my back is over in about three more months, and I'm letting it drop.  I actually love the service, but handy as it has proven to be (working on those briefs and memoranda late at night, after the law library closes), my client load was never consistent enough for me to be sure I'd have clients to pass the cost through to every month.  I ate a lot of it out of my pocket.  Doing without will require two things: (1) a satisfactory, low-cost alternative (Loislaw, maybe) and (2) the discipline to adjust my work habits so I'm not doing late-night work and can get heavy-duty research done at the library (which happens to make Westlaw available to its patrons) during the day.

(You may be wondering why I have to work late at night when business has generally been slow.  Two reasons: (1) when I got business, it was in spurts, and (2) ADD [I think].)

The combined savings in rent, phone, Internet, and Westlaw will be around $1300 per month.  Yeah!

In any event, I'm sure happy for these changes.  Combined with a recent uptick in business, they are giving me reason to hope -- for around the 10th time or so since I opened my practice, I'm afraid --  that prosperity is right around the corner.

Here I go!

Wednesday, May 7, 2008

Get Your ADD Under Control Before You Go Solo

That post title may strike you as tongue-in-cheek, but it's not. I'm deadly serious. And forgive all the background you're about to read before you get to the point of this post, but it's necessary.
Do I have Attention Deficit Disorder? I don't know for sure. I've always considered it an over-diagnosed "disorder." But I can tell you that since I started writing this post around 60 seconds ago, I've already thought of 5 other things to do and I almost left this page in the middle of typing this to run a Google search on one of those items.
I used to joke about having ADD. When I was an in-house general counsel, I used to come home frustrated with all the different things that had tugged at my attention diuring the day, with the result that I would hop from project to project. I'd come home and tell my wife, "It's as if I have adult ADD!"
Well, maybe I do. My wife is fairly convinced of it. She's been reading up on it because our daughter has dyslexia, and dyslexia and ADD often go hand in hand.
I'm not yet convinced, but I'm getting there. I know how my mind can flit from one thing to another. But I don't quite seem to fit the profile. According to the book I'm reading, Delivered from Distraction: Getting the Most out of Life with Attention Deficit Disorder, the typical ADD sufferer is an underachiever and behavior problem in school and tends to "settle" for an unsatisfying marriage and career. That just doesn't describe me at all. I was near the top of my class in high school and law school (undergrad, where I majored in electrical engineering, was another story -- I barely finished in the top half of my class). And, to put it mildly, I was (for the most part) a "goody two shoes." And I sure didn't "settle" when it came to marrying or my career. I think I made out like a bandit in my choice of spouse and I am in the career that I want, and that I thoroughly enjoy when I am not being distracted . . . I'm just not sure I'll be able to make a living at it on my own.
No, school was no problem, nor was my coice of spouse or career. It's everything else I have a problem with.
But I also think I demonstrate the upside of ADD: I am a creative thinker. Sometimes, too creative, which can be a problem. I come up with a million ideas during any given project, most of which are eventually jettisoned, but can get in the way of the development of ideas that make it through to the end.
So, whether I technically have ADD or not, whether it's actually a "disorder" or not (regardless, it is a different way of thinking), I know that I am distracted from my tasks many times during the day. Sometimes, I go to the law library to work, even if I don't need to use its resources, just to eliminate distractions like internet access and administrative office tasks. (I'm not about to seek medication, and will not self-medicate with alcohol or drugs, which is apparently common.)
I have the potential to succeed despite ADD. So, my immediate steps are to become aware of how my mind works. I am now very often aware when I am being distracted and can correct much better than I used to.
The authors of Delivered from Distraction note that many highly successful business people have ADD. I've only looked at one case study so far (I'm not very far in the book), but the keys seem to be to concentrate on being the creative guy and delegating out all the admin stuff.
That can be tough to do when you're starting out as a solo with no staff, but it can be done. For example, I think Foonberg's advice to hire a bookkeeper is the best advice in his book. You can also get cost-effective help with typing, etc., maybe hire someone to come in one day a week to get all your filing up to date. The less organizing you have to do, the better -- at least that's what my ADD-addled mind leads me to believe.
What else am I doing? My wife is reading a book titled ADD-Friendly Ways to Organize Your Life, and that's next on my list. I've also discovered an ADD-specific blog: The Splintered Mind by Douglas Cootey: Overcoming AD/HD & Depression With Lots Of Humor And Attitude (which looks especially promising because the blogger is, like me, very cautious about medicating for ADD). There are probably more out there, but I'll have to be careful not to over-commit.
So, finally to the point of this post. Be very honest with yourself about how you work. Have you been troubled by ADD? If you have, recognize it and plan for it. Start reading about it. I sure wish I had, instead of just joking about it.
UPDATE:  Ray Ward at the (new) legal writer has a post describing how distractions like e-mail and the telephone can interfere with getting actual work done.  I feel that distraction in spades.  Sequestering myself in the library is sometimes the only way to avoid it.

Friday, April 25, 2008

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.

Friday, April 18, 2008

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.

Wednesday, April 16, 2008

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.

Sunday, April 6, 2008

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.)