Starting a Law Firm | Minnesota Lawyers Mutual Roadmap

I wanted any readers out there who are either (1) contemplating or (2) starting a law firm that Minnesota Lawyers Mutual (MLM) now has a blog and roadmap for lawyers who are looking to go out on their own.

This helpful tidbit of information was reported by Andrea Hable at the Minnesota State Bar Association (MSBA) Practice Blawg.  The MSBA – like any state bar association – is a wonderful resource for solo and small firm lawyers.  Furthermore, I belong to the Indiana State Bar Association (where I am also licensed) and I can say that the MSBA provides much more in terms of its membership bang-for-the-buck.  The amount of materials, forms, etc have exceeded my expectations.  Also, the membership fees are very reasonable for new bar admitees.

The Minnesota Lawyers Mutual blog is also well done and covers a lot of good ground.  Check it out.  Topics include important things like:

  • Ethics
  • Trust accounting
  • Law Office technology
  • Billing clients
  • Collecting fees

The blog is new and it appears to be directed more towards signing up new lawyers for MLM’s malpractice insurance, but it is helpful nonetheless.

I attended a CLE last fall put on by the Minnesota Solo and Small Firm section.  MLM was there handing out goodies and the like.  For those who don’t know, MLM appears to be the big-boy when it comes to attorney malpractice insurance in the state of Minnesota.  MLM does a good job marketing themselves and their materials have substance.  I don’t have a problem doing business with an organization who sells a good product and who tries to help with quality materials.

If you haven’t gone to starting and building a law practice CLE in Minnesota (or any state for that matter) I highly recommend you do so.  The presenters and materials are excellent  and the networking possibilities are even better.

Have a great weekend!

 

-This post was written by Joseph M. Flanders, an Apple Valley, MN attorney.

Starting a Law Firm | The Benefits of CLE?

I think the basis and general idea of Continuing Legal Education (CLE) is great.  CLE is meant to be an opportunity for lawyers to hone their craft, learn new skills, and get updates on changes in the law.  However, too many CLE sessions, in my humble opinion, are simply opportunities for presenters to promote what they do while, simultaneously, giving lawyers a break from day-to-day work in a place where they can play games of grab-ass ( otherwise known as networking).

I apologize for the whining.

I attended a CLE today that I was really looking forward to.  Lots of great presenters.  Great looking names.  Cool topics.  The works.  I got to the CLE this morning with my notepad ready to be filled and with a mind open to obtaining new knowledge.  Yet, after a day of taking very few notes and listening to presenters drone on about trial rules which haven’t changed appreciably in ten years and case law that I have already read, I feel a little jaded.

I did pick up a few tidbits about things which I could do better and which might help my practice.  That may be worth the price of admission by itself.  However, I don’t really think so.

Perhaps we aren’t meant to absorb much in the actual CLE sessions, but, instead, read over the copious amounts of material given out at a later time.  I’ll buy that.  However, one questions why all-day CLE sessions are even necessary.  Why not just give us all a snippet and tell us to go read the information ourselves?

Here is the thing:  I like learning.  I like expanding my knowledge in a particular area of law. What I don’t like is being dissapointed consistently with dull presentations which go nowhere.  Now, I’m not saying all CLE’s are bad. Some CLE’s I have taken have been very, very good.  Yet, in my experience, those occasions are more the exception than the rule.

Perhaps the answer to this conundrum is for me to stop complaining and come up with an awesome CLE presentation of my own – one that defies all expectations.  I guess I’ll have to get working on that.

I am interested in knowing what other people’s experiences with CLE has been?  Am I jaded, or does everybody have a similar experience?  Feel free to comment.

 

If You Want to Do It, Just Do It

I’ve been wanting to post for several days now and I just can’t seem to get one out.  I’m too busy working on my website, which I plan to talk about in detail because I made a bunch of mistakes that somebody can learn from.  Anyway, I’m posting now.

When I think about starting a law firm – and I think about it all day, every day – a comment by Steve Pennaz keeps coming back to me.  Who is Steve Pennaz?  Clearly you don’t fish.  Pennaz is the head of the North American Fishing Club.  That is not important.  What is important is a comment he made in a recent fishing show about his early salad days when he was a little guy and the world was a big, big place.

I wanted to share his comment.  I’m paraphrasing, but here goes:  during the show, Pennaz was asked about getting started in the fishing business.  He talked about how he wanted to be a fishing guru and head-honcho of the fishing industry soon after college or something.

To that end, he shared that, while he was still college, he went to a fishing seminar at which Babe Winkelman was the keynote speaker.  (Oh, you don’t know who Babe Winkelman is either?).  Pennaz shared that he went up to Babe Winkelman and asked:  “How did you start your own fishing show?”  To which, Winkelman replied:  “What do you mean ‘how’, I just did it.”

Whether or not you like fishing or embroidery, the message in that statement is clear.  If you want to do something, just do it and don’t look back.  That’s my new moto:  “I just did it.”

Starting a Law Firm Update, Various Odds & Ends

I apologize for not posting for a while.  Still here, just a little busy.  Blogging for legal business can be a real task master.  Think twice before getting into this whole blogging game.  You had better like to write.

So, my wife and I took an overdue trip to Paris and Luxembourg a couple weeks ago.  We skipped a real honeymoon because I didn’t want to make the partners at my old law firm upset that I was taking vacation during my first year as an associate.  Now that I’m no longer at the firm, I guess I can take vacation.  I’ll say this:  I’ve gained a little perspective about what I want out of life since my first year of marriage and my first year as an associate attorney.  Marriage is much more important.  Is it any wonder that I am starting a law firm?

Anyway, I’m back and still trying to blog.  As I’ve posted, I’m still working on getting licensed in Minnesota.  This obviously creates a dilemma as far as writing many practice-related blog posts.  To be honest, I feel a little out of the game.  I am not hustling like I used to and I miss it.  But, there are many, many things to get done before officially hanging out my own shingle.  I’ll talk about that stuff instead.

In the main, I am concerned with two main things:  (1) office space and (2) my website.  Both of these things relate to my effort to focus a bit more and get my law firm start-up business plan in better shape.   I am going through my old business plan and re-thinking things now that I have relocated to Minneapolis from Indiana.  I have had an opportunity to scope out the market and competition a little better.  Naturally, that changes the plan a little.

I’ll post more on this stuff tomorrow, but I wanted to get a post out to say sorry and I’ll try and to better.   In the meantime, I’d appreciate any comments on my new website:  flanderslawfirm.com.

I’m still working on the website and I know that the picture of me is terrible.  I’ll get one up just as soon as somebody takes a professional looking picture of me that I like.  Also, if anybody goes to my website, would you mind leaving a comment here on exactly how long it took you to get there?  As in:  how long did it take to load?

Thanks.

John Maynard Keynes and Spending to Start a Law Firm

Author John Cassidy, in the October 10, 2011 issue of the New Yorker magazine (which happens to be the annual “money” issue), wrote a though-provoking article on John Maynard Keynes and his economic philosophy as it relates to the current world-wide financial recession.  Much of the article, titled “The Demand Doctor“, posits (as far as I can tell) that Keynes was right in his argument that government spending creates demand and thereby boosts the economy out of recession.

As I’ve posted, I’m worried about how to start a law firm in this economy and the uncertain risks of being an entrepreneur.  I remember learning about Mr. Keynes as an undergraduate, but my level of knowledge is foggy at best.  I have noticed, however, that his name and ideas show up in my intellectual reading pursuits in an eerily frequent fashion.

This makes me wonder:  Is Keynes simply a easy target for writers and economic neophytes?  Or, is he truly a revolutionary though-leader whose theories should be continuously revisited?  These are question I do have easy answers to. Perhaps more important is what can Mr. Keynes and his economic philosophy can teach me about being an astute capitalist who aims to start a law firm in an economy that is at a historic low.

Keynes argues that the government must spend and possibly cut taxes so that people like you and me will, in turn, spend.  The spending then boosts the economy, creates jobs, encourages lending, etc, etc.  Mr. Cassidy, quoting author Sylvia Nasar, summarizes the Keynsian position well:

What made the General Theory so radical was Keynes’s proof that it was possible for a free market economy to settle into states in which workers and machines remained idle for prolonged periods of time . . .  The only way to revive business confidence and get the private sector spending again was by cutting taxes and letting business and individuals keep more of their income so they could spend it.  Or, better yet, having the government spend more money directly , since that would guarantee that 100 percent of it would be spent rather than saved.  If the private sector couldn’t or wouldn’t spend, the government would have to do it.  For Keynes, the government had to be prepared to act as the spender of last resort, just as the central bank acted as the lender of last resort.

Keynes argued that (at a basic level) a large entity (the government) needs to spend in order to help the national economy grow – or at least not stagnate.  I find this basic premise interesting because my first instinct is to cut my spending and save, save, save when things start getting rough financially.  Apparently, as the author writes, former President Harry Truman had a similar reaction to Keynes’s ideas, stating that:

“Nobody can ever convince me that Government can spend a dollar that it’s not got,” he told Leon Keyserling, a Keynsian economist who chaired his Council of Economic Advisers.  “I’m just a country boy.”

In many ways, I echo President Truman’s sentiment.  I’m also somewhat of a country boy.  How can I justify spending more of my family’s hard earned money on investing in an entrepreneurial venture like starting a law firm?  Would it not be wiser to simply look for and obtain a job doing some form of legal work and thereby garner a steady salary?  Clearly, if the only goal is to make money and provide for my family, then starting a law firm is not a wise decision in the short-term.

The New Yorker piece also discusses the myriad of objections that Mr. Keynes’s ideas have received since he first published his seminal work “The General Theory of Employment, Interest, and Money” in 1936.  Many of the objection boil down to a fundamental disagreement that government cannot spend dollars when the government does not have dollars to spend.

With this understanding firmly in my mind about Keynes’s thought on stimulating a national economy, I believe that I can make a connection with starting and building a law firm.  In my mind, this sort of thought process is a akin to return-on-investment (ROI).  I have noticed that many law firm guru’s and other lawyers marketing blogs have discussed the importance of ROI.  I am not going to try to discuss the minutia of ROI as it relates to specific instances of law firm marketing.  My point here is only to share the excellent article by Mr. Cassidy in the New Yorker and to posit that starting a law firm (or any business for that matter) is akin to using Keynsian economic philosophy to stimulate the economy.

I also realize that starting a law firm is more individualistic  – it benefits me and my family but not the national or world as a whole.  Perhaps my leanings should be more socialist and less capitalist.  I don’t think so.  In addition to his academic career, he was also a privileged capitalist.  Mr. Cassidy quotes Keynes:

If I am going to pursue sectional interest at all, I shall pursue my own . . . [t]he Class war will find me on the side of the educated bourgeoisie.

I identify with Keynes’s sentiment.  Starting a law firm and being  capitalist in a down economy is not necessarily a bad idea or a strictly individualistic endevour.  The world needs spending and it needs entrepreneurs right now.  Whether or not you agree with Keynses’s economic philosophy, it is hard to argue with that fact.

I don’t mean to say that the journey will be easy or frought with risk.  It is and it will be.  Failure is also a reality.  But, I also believe in the maxim that nothing ventured is nothing gained.  As Mr. Cassidy concludes in his article:

It calls not merely for the management of risk but for something politically and intellectually far more demanding:  the acknowledgement of uncertainty.

 

“Above The Law” Seeks Solo Attorney Input

I wanted to let my readers out there know that one of the major blogs, Above The Law, is soliciting solo lawyers for worthy topics to be posted on its “Small Law Firms” section.

I don’t read their coverage of small firm matters often – mainly because their primary focus is on big law as far as I can tell.  However, I get some good chuckles from them now and again.  Also, providing worthy info on small firm practice or on starting a law firm to a major blog will do nothing but help publicize your blog or law firm website.

If you are so inclined, you probably couldn’t go wrong by providing something.

Can Bad SEO Advice Support a Negligence Lawsuit?

Check out this post by Eric Goldman on his Technology & Marketing Law Blog about how bad SEO advice could support a negligence claim as seen in D’Agostino v. Appliances Buy Phone, Inc..  (As an aside, I found this article at Associates Mind – another blog that appears to be way better than this one and which makes me jealous).

According to the complaint, a small home appliances business and Google were sued by the business’s web developer.  As Mr. Goldman points out, the more interesting aspect of the complaint is the counter claim.  In the counter claim, the small business seeks damages for the web developer building a second business website that appears to have had duplicate content with the original website.  If you didn’t know, Google doesn’t like duplicate content.

Mr. Goldman does a great job explaining the nature of the counter claim:

On the negligence claim, Sigman argued that D’Agostino claimed to be an SEO expert but negligently triggered a duplicate content penalty. Finally, Sigman claimed that D’Agostino breached their contract by “jeopardizing defendant’s website, violating Google policies, and causing the interruption of defendant’s enterprise.”

I’ve been putting a lot of time and effort into my law firm website and to blogging.  There is a lot of information out there about “white hat” versues “black hat” search-engine-optimization.  As I concluded in a prior post, SEO is mostly bull shit in the respect that you don’t need a guru.  What you should do is focus on a niche and write authoritatively with good content.  Simple.

Anyway, as Mr. Goldman points out, there may actually be negative ramifications for asserting that you are some sort of SEO guru and trying to sell your wares to the next gullible buyer.  I can’t tell you how many SEO gurus have either tried to comment on this blog or sent me random, un-asked-for emails:  trying to sell me their SEO secrets to big, big money.

As I posted earlier, there is no trick to garnering tons of hits on a blog and free money.  It takes work, good writing, interesting topics, and time.  Furthermore, it would help to be like Lawyerist, Above the Law, or many other legal related blogs out there that have what appears to be an army of writers.  I’m not saying this is a bad thing – a lot of good content gets posted that way.  However, it is certainly hard for a small-fish like me to make headway when they are writing so much and so well.

In any case, this case shows why SEO gurus should be denied access to your wallet as you try to get your law firm marketing together and think about how to start a law firm.  There is simply no substitute for good work and good content.