Thanks to David Giacalone of f/k/a for this post on Lowell Komie’s fiction about law practice, including what it’s like to be a solo (see this one too).  David also quotes from Komie and his apparently mixed feelings about whether a solo practitioner is truly “free.” Consider these two views expressed by Komie in an interview and story, respectively:

“If I had it to do over again, I would probably still choose the law as my profession. . . .   My biggest satisfaction in being a lawyer is being my own ‘boss.’  I have freedom, as a sole practitioner, to pretty much come and go as I please.  It took me many years to achieve this freedom and I survived s everal “partnerships” where I was a slave to the “time sheet” and to the senior partners in these associations. I should have gone off on my own earlier, but I’ve been alone now for perhaps 20 years.”

[A] solo practitioner is relatively free. But you’re never really free from the pressures of money or the demands of clients; the freedom really is a relative concept. If you’re worried about paying your office rent, you’re hardly in the mood to debate the relativity of freedom. Also, if you have become tyrannized by irrational clients, you’re not on your way to becoming a Philosopher King.”

David expects that I might take these quotes out of context and come
out rallying the forces to go solo to find freedom.  Actually, I tend
to agree with the mixed feelings expressed above; solo practice frees
lawyers from some things but binds them to others (though not
necessarily money worries – I still know of far more financially secure, as
well as amazingly rich solos, than I do impoverished ones)  But if I
had to make a top ten list of the benefits of solo practice, I don’t
think I’d put freedom at the top anyway.  For me, it’s the ever present
possibilities that solo practice somehow makes more accessible.

6 Responses to Are Solos Really Free?

I would never expect you to take things out of context, Carolyn. I would expect you to be more of an advocate than an objective source, however, on the benefits of going solo.
You definitely run in different crowds than I, if you know more financially secure (not to mention wealthy) solos than impoverished ones. [Maybe they started out independently wealthy or have highly productive spouses.] The thousands and thousands who are getting by on mostly assigned counsel work surely have a different viewpoint than you on that point.
For me, the best parts about working for myself was not being captive to the ethics of other lawyers; being able to say no to a client without having to face the wrath of partners (professional ones, at least); and having the freedom to focus on specialty areas that were less-lucrative but more rewarding.

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I would never expect you to take things out of context, Carolyn. I would expect you to be more of an advocate than an objective source, however, on the benefits of going solo.
You definitely run in different crowds than I, if you know more financially secure (not to mention wealthy) solos than impoverished ones. [Maybe they started out independently wealthy or have highly productive spouses.] The thousands and thousands who are getting by on mostly assigned counsel work surely have a different viewpoint than you on that point.
For me, the best parts about working for myself was not being captive to the ethics of other lawyers; being able to say no to a client without having to face the wrath of partners (professional ones, at least); and having the freedom to focus on specialty areas that were less-lucrative but more rewarding.

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When I say financially secure, I am talking about earning a salary that’s comparable to public sector – not necessarily a large law firm. The wealthier solos I know practice in unique areas and you are right, they are probably not representative of the general population. At the same time, they are probably making salaries comparable to a non equity large firm partner (maybe mid 6 figures) – and not the millions that a successful PI attorney or rainmaker at a large firm is generating.
I do feel badly for the lawyers who bulk up their schedule with court appointed work – and realize that they are not doing well. But I do not believe that it is viable business model that should be followed. And of course, it is much easier to make ends meet when you have a spouse working (as I do) who can cover health insurance and other costs. I know some solos in that boat but others who are not and still do OK for themselves.

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When I say financially secure, I am talking about earning a salary that’s comparable to public sector – not necessarily a large law firm. The wealthier solos I know practice in unique areas and you are right, they are probably not representative of the general population. At the same time, they are probably making salaries comparable to a non equity large firm partner (maybe mid 6 figures) – and not the millions that a successful PI attorney or rainmaker at a large firm is generating.
I do feel badly for the lawyers who bulk up their schedule with court appointed work – and realize that they are not doing well. But I do not believe that it is viable business model that should be followed. And of course, it is much easier to make ends meet when you have a spouse working (as I do) who can cover health insurance and other costs. I know some solos in that boat but others who are not and still do OK for themselves.

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The independent practitioner often times does struggle to make ends meet. However, some of that is a result of the fact that many independent practitioners didn’t go out on their own, as a matter of choice. Many simply had no other options. Many of those are very thankful that they had no other options and enjoy independent thoroughly. Many would not trade their independent practice for a big firm practice at this point.
One of the interesting things to me however is that many law students who have options to work just about anywhere don’t even consider independent practice. Many associates at mega firms who have toiled for three or four years cant conceive of going into practice for themselves. Many of those attorneys simply don’t have positive role models which show that it can be done and, moreover, that the benefits outweigh the risks. I think it is unfortunate that more attorneys do not consider independent practice as one of the alternatives available to them during various points in their career.
One of the benefits of being and independent practitioner is that you really can change the way law is practiced without having to consult partners or worry about internal firm politics. My experience has been that by offering more value and a clearer idea of how to achieve a beneficial result for the client puts me in a strong competitive position in my market. I still believe that offering a better mouse trap still caries financial rewards.

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The independent practitioner often times does struggle to make ends meet. However, some of that is a result of the fact that many independent practitioners didn’t go out on their own, as a matter of choice. Many simply had no other options. Many of those are very thankful that they had no other options and enjoy independent thoroughly. Many would not trade their independent practice for a big firm practice at this point.
One of the interesting things to me however is that many law students who have options to work just about anywhere don’t even consider independent practice. Many associates at mega firms who have toiled for three or four years cant conceive of going into practice for themselves. Many of those attorneys simply don’t have positive role models which show that it can be done and, moreover, that the benefits outweigh the risks. I think it is unfortunate that more attorneys do not consider independent practice as one of the alternatives available to them during various points in their career.
One of the benefits of being and independent practitioner is that you really can change the way law is practiced without having to consult partners or worry about internal firm politics. My experience has been that by offering more value and a clearer idea of how to achieve a beneficial result for the client puts me in a strong competitive position in my market. I still believe that offering a better mouse trap still caries financial rewards.

Reply

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