Starting My Own Law Practice . . . What Made You Finally Do It?

[Anonymous]

I have been a prosecutor for about 10 years now and want to open my own criminal defense firm. I have applied to the CJA panel and am waiting for a decision on my application. However, as much as I want to do this, I am still scared. For those who went out on their own, what finally pushed you to make that move????

[Anonymous]

A totally different type of law, but my DH went out on his own about 6 months ago after about 10 years of practicing. The writing was on the wall at his firm (a partner had stolen his biggest client and he was getting no support) and he was never really happy working for someone else; he had been in big law both in DC and flyover country, in-house, and with a medium size regional boutique firm. He just doesn't deal well with office politics, etc. and is much happier now that he's not making someone else rich.

[Anonymous]

Am glad to hear it worked out for him. What kind of work was your husband doing?

[Anonymous]

My husband is a prosecutor too (local, not federal) and for most of his colleagues, they made the jump because of shitty pay. If you are 10 years in, you are probably doing pretty well, but the guys I am talking about really got screwed by pay freezes, etc. All of them make at least twice as much now, after overhead, but keep in mind--they were making crap before. The way criminal defense kind of works at the local level, there is really no money to be made as an associate, you need to be the owner.

[Anonymous]

Anonymous wrote:My husband is a prosecutor too (local, not federal) and for most of his colleagues, they made the jump because of shitty pay. If you are 10 years in, you are probably doing pretty well, but the guys I am talking about really got screwed by pay freezes, etc. All of them make at least twice as much now, after overhead, but keep in mind--they were making crap before. The way criminal defense kind of works at the local level, there is really no money to be made as an associate, you need to be the owner.

Thanks - how long did it take for him to start exceeding his monthly pay from the old job as a prosecutor? Thanks.

[Anonymous]

Anonymous wrote:Am glad to hear it worked out for him. What kind of work was your husband doing?

Intellectual property. We're in a midsized city now and DH really enjoys the networking/client development aspects of his work; much of his new work has come from referrals from other attorneys in his building. He shares an office suite with several other attorneys to keep costs low and not be isolated--pays pretty low rent but has a receptionist, conference rooms, parking (we're in a mid-sized city now, not DC area). When he made the jump it was sudden--we basically had to find office space, get letterhead, internet/email, etc. in a week in order to maintain continuity for his clients. And our individual health insurance is actually cheaper with a lower (but still high) deductible than he had at his mid-size firm.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My husband is a prosecutor too (local, not federal) and for most of his colleagues, they made the jump because of shitty pay. If you are 10 years in, you are probably doing pretty well, but the guys I am talking about really got screwed by pay freezes, etc. All of them make at least twice as much now, after overhead, but keep in mind--they were making crap before. The way criminal defense kind of works at the local level, there is really no money to be made as an associate, you need to be the owner.

Thanks - how long did it take for him to start exceeding his monthly pay from the old job as a prosecutor? Thanks.

oh, sorry if I was unclear--my dh is still a prosecutor. He is considering starting his own practice eventually, but he's just not there yet. As to his colleagues, it's hard to say. One is 3 years in and started having to refer out and turn down work because he was so busy after about 12 months in.

[Anonymous]

Ok thanks. That is still helpful.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Am glad to hear it worked out for him. What kind of work was your husband doing?

Intellectual property. We're in a midsized city now and DH really enjoys the networking/client development aspects of his work; much of his new work has come from referrals from other attorneys in his building. He shares an office suite with several other attorneys to keep costs low and not be isolated--pays pretty low rent but has a receptionist, conference rooms, parking (we're in a mid-sized city now, not DC area). When he made the jump it was sudden--we basically had to find office space, get letterhead, internet/email, etc. in a week in order to maintain continuity for his clients. And our individual health insurance is actually cheaper with a lower (but still high) deductible than he had at his mid-size firm.

What kind of IP work? Is malpractice insurance affordable?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Am glad to hear it worked out for him. What kind of work was your husband doing?

Intellectual property. We're in a midsized city now and DH really enjoys the networking/client development aspects of his work; much of his new work has come from referrals from other attorneys in his building. He shares an office suite with several other attorneys to keep costs low and not be isolated--pays pretty low rent but has a receptionist, conference rooms, parking (we're in a mid-sized city now, not DC area). When he made the jump it was sudden--we basically had to find office space, get letterhead, internet/email, etc. in a week in order to maintain continuity for his clients. And our individual health insurance is actually cheaper with a lower (but still high) deductible than he had at his mid-size firm.

What kind of IP work? Is malpractice insurance affordable?

NP here. I co-founded a patent microboutique. Malpractice insurance for a patent and trademark practice is expensive relative to other practice areas, but it is affordable. Jamison will insure solos and small firms. Also, there are several good third-party docketing and paralegal services out there. Good clients will be concerned about docketing, whether they ask or not.

[Anonymous]

I left a big firm to practice with a couple other attorneys. Not truly on my own, but close to it. As to what made me do it--big firm politics. The big firm was very inward-facing. It was more important to impress the attorney down the hall than the clients or the bar. There were a lot of good attorneys at the big firm, but there were also many mediocre ones who were sheltered by powerful partners. There was also a lot of greed.

I get along well with clients, and I love to practice law, so I left the big firm. There are more administrative headaches when running your own practice, and that can be frustrating.

[Anonymous]

Anonymous wrote:I have been a prosecutor for about 10 years now and want to open my own criminal defense firm. I have applied to the CJA panel and am waiting for a decision on my application. However, as much as I want to do this, I am still scared. For those who went out on their own, what finally pushed you to make that move????

If you're a prosecutor my guess is you are not going to have any clients, or any leads when you leave? Be prepared for 3 "fun" years of hard work - but it will be exhilarating. If you're still around after 3 years, you may start to see fruits from your labor. But it's tough. IMO have an "office sharing" arrangement, and one where you might simply have 1) conference capability and 2) library sharing space and 3) IF NECESSARY a physical office.

The industry in DC is shrinking and b/c your new - PAYING clients may be few and far between.

I found Jay Foonberg's book helpful: "How To Start and Build a Law Practice" is still relevant. In short: 1/2 of your time will be "technical work" (criminal defense cases); another 1/2 will be administrative (billing, collecting, paying your bills, HR issues (if you hire people)); and the 3rd 1/2 will be "new business generation". I'd laugh - but I'm serious. It will be difficult if you're single. It will be really difficult if you're married.

BUT - it is infinitely doable. It can be very rewarding professionally, as well as financially (assuming you get a great case or big client....BUT DON'T COUNT ON THAT).

If you are doing it for the money - do something different. There are plenty of ways to make money, and do it much easier. The greatest gift you have as a lawyer is that you have tremendous "perspective". By the same token, if you only looked at law school as a "trade school" you may have missed a lot of what was being taught.

Good luck!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Am glad to hear it worked out for him. What kind of work was your husband doing?

Intellectual property. We're in a midsized city now and DH really enjoys the networking/client development aspects of his work; much of his new work has come from referrals from other attorneys in his building. He shares an office suite with several other attorneys to keep costs low and not be isolated--pays pretty low rent but has a receptionist, conference rooms, parking (we're in a mid-sized city now, not DC area). When he made the jump it was sudden--we basically had to find office space, get letterhead, internet/email, etc. in a week in order to maintain continuity for his clients. And our individual health insurance is actually cheaper with a lower (but still high) deductible than he had at his mid-size firm.

What kind of IP work? Is malpractice insurance affordable?

NP here. I co-founded a patent microboutique. Malpractice insurance for a patent and trademark practice is expensive relative to other practice areas, but it is affordable. Jamison will insure solos and small firms. Also, there are several good third-party docketing and paralegal services out there. Good clients will be concerned about docketing, whether they ask or not.

Thanks. How do you find clients, especially for the patent end of the business? And if you do litigation work, do you work on a contingency basis?

[Anonymous]

Anonymous wrote:

Anonymous wrote:I have been a prosecutor for about 10 years now and want to open my own criminal defense firm. I have applied to the CJA panel and am waiting for a decision on my application. However, as much as I want to do this, I am still scared. For those who went out on their own, what finally pushed you to make that move????

If you're a prosecutor my guess is you are not going to have any clients, or any leads when you leave? Be prepared for 3 "fun" years of hard work - but it will be exhilarating. If you're still around after 3 years, you may start to see fruits from your labor. But it's tough. IMO have an "office sharing" arrangement, and one where you might simply have 1) conference capability and 2) library sharing space and 3) IF NECESSARY a physical office.

The industry in DC is shrinking and b/c your new - PAYING clients may be few and far between.

I found Jay Foonberg's book helpful: "How To Start and Build a Law Practice" is still relevant. In short: 1/2 of your time will be "technical work" (criminal defense cases); another 1/2 will be administrative (billing, collecting, paying your bills, HR issues (if you hire people)); and the 3rd 1/2 will be "new business generation". I'd laugh - but I'm serious. It will be difficult if you're single. It will be really difficult if you're married.

BUT - it is infinitely doable. It can be very rewarding professionally, as well as financially (assuming you get a great case or big client....BUT DON'T COUNT ON THAT).

If you are doing it for the money - do something different. There are plenty of ways to make money, and do it much easier. The greatest gift you have as a lawyer is that you have tremendous "perspective". By the same token, if you only looked at law school as a "trade school" you may have missed a lot of what was being taught.

Good luck!

I am not an attorney but my partner is and this PP echoes just about every meaningful sentiment I've ever heard about starting a small practice...right down to the book recommendation. Smart advice.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I have been a prosecutor for about 10 years now and want to open my own criminal defense firm. I have applied to the CJA panel and am waiting for a decision on my application. However, as much as I want to do this, I am still scared. For those who went out on their own, what finally pushed you to make that move????

If you're a prosecutor my guess is you are not going to have any clients, or any leads when you leave? Be prepared for 3 "fun" years of hard work - but it will be exhilarating. If you're still around after 3 years, you may start to see fruits from your labor. But it's tough. IMO have an "office sharing" arrangement, and one where you might simply have 1) conference capability and 2) library sharing space and 3) IF NECESSARY a physical office.

The industry in DC is shrinking and b/c your new - PAYING clients may be few and far between.

I found Jay Foonberg's book helpful: "How To Start and Build a Law Practice" is still relevant. In short: 1/2 of your time will be "technical work" (criminal defense cases); another 1/2 will be administrative (billing, collecting, paying your bills, HR issues (if you hire people)); and the 3rd 1/2 will be "new business generation". I'd laugh - but I'm serious. It will be difficult if you're single. It will be really difficult if you're married.

BUT - it is infinitely doable. It can be very rewarding professionally, as well as financially (assuming you get a great case or big client....BUT DON'T COUNT ON THAT).

If you are doing it for the money - do something different. There are plenty of ways to make money, and do it much easier. The greatest gift you have as a lawyer is that you have tremendous "perspective". By the same token, if you only looked at law school as a "trade school" you may have missed a lot of what was being taught.

Good luck!

This is good advice but if you are on the CJA panel, isn't there enough work to exclusively just do CJA cases, meaning you don't really have to hustle up cases because you are appointed to cases?