Starting a Law Firm | Experience Requirements and Dealing with Haters

Here we are again with our weekly blog post about starting a successful law firm. The first week of 2012 is upon us, and I hope through 4 days everyone has held firm with their New Years resolutions! Studies show it takes 28 days to form a habit, so, if you've kept it up so far you only have 24 more days to go until that positive action is ingrained in your soul.

I received a few comments on last weeks post and I mentioned that I'd answer one of them as the blog post here this week (there's plenty to be said on the subject). Here's the comment:

First of all, thank you for blog - it has given me much inspiration and motivation over the past few months as I have started to plan the move to go out on my own. My goal for 2012 is/was to "open shop" hopefully around the middle of the year.

The reason I say "was" is that I have quite a lot of negative feedback from other lawyers about going out on my own so early. By mid 2012 I will have been practicing for two years (in Australia we can only practice law in a supervised position for the first two years). Prior to admission I was a legal secretary for two years. From my research (albeit limited) it does seem most Australian lawyers have significantly more experience before going solo.

So my question twofold - how much/what kind of experience do you think you need as a minimum? And how much credence should you give to the naysaying peers and colleagues?

And here's my answer.

How Much Experience do You Need to Start a Law Firm?

You're going to hate my answer to this one, because the answer is I don't know. It depends. Some people (and practice areas) require a little more experience and some don't.

Not good enough? Okay. Here's what I think. Do you need experience to get going? No. You need a law license to practice law. Is it a good idea? Sure, if you can get it. Are there other ways of getting experience other than working for someone else? Yes there are. You just have to decide what is best for you.

Before I really get going anywhere on this topic though, I want to say one thing. Never ask a lawyer if you want to do anything that involves risk. They are never going to go for it. Most lawyers enjoy being on the sidelines, watching the action and judging it from afar. The idea of actually being a player scares them to death. In reality, it doesn't matter how much experience, or money, or clients, or anything you have - they are going to be hesitant about starting a business. The great thing about trying something is that if you fail you get to keep trying.

Our ethical rules require us to provide zealous, competent representation. Competency can be acquired via experience. It can also be acquired by observing, by reading, by practicing, and by mentoring. Find some people that you respect as attorneys and start talking to them. Find out when they have things going on that you can watch. Find out what their cases are, go down to the courthouse, and get copies of their briefs (and the other side's briefs) and read them. When those briefs cite cases, go read those cases.

It's impossible to know how much experience you specifically need. It's different for everyone. No matter who you are or how long you've been practicing, don't ever be afraid to ask dumb questions to people who know the answers. Better to look dumb behind closed doors than in a courtroom.

How Much Credence Should You Give to Naysaying Colleagues?

The answer, not surprisingly is, it depends. But most of the time it's "none." There are certain people that I admire and trust, that know me well, not only from a legal perspective but from a personal perspective. It's those people that I would at least listen to if they had some opinions on the career choices I was going to make. Everyone else I would just smile at and dismiss.

The fact is, as a society we hate to see people succeed. As you look through the news, there are very rarely stories about people succeeding. Most stories are about successful people that have done something wrong to fall from grace. I think as humans it just makes us feel better to have confirmation that no one is perfect.

When you start this law firm you are going to have a lot of people tell you you aren't going to be successful. Some of those people actually think that to be the case. If they present you with some specific information related to that opinion, listen to it, and then plan accordingly to avoid that problem. Most of those people, though are in reality envious or jealous of you. They may have no desire whatsoever to start a law firm, but seeing someone with the guts to take a chance on an unknown is depressing for some, since they know deep down they'll never ever do anything like in their life (whether it's related to work or hobbies or love - they'll always do the safe thing).

I hope you decide to open your law firm. I hope you sit down and think and plan before you do so (job number one - figure out how to get clients). And when you open I hope you stick with it and create an extremely successful business.

Questions and Comments Welcome

I know you have thoughts about this. Please share. I know you have other questions. Please share.

Have a great weekend.