So what if lawyers could match an occasional need for office space with existing and under-utilized capacity?

For example, maybe a group of solos want to set up a monthly legal clinic for start-ups but can’t figure out where to host it? Or maybe you want to host a group of solos for a hands-on

Dear Law Schools,

I’m guessing most of you don’t read my blog (not sufficiently academic or arcane) so permit me to introduce myself.  I am a real, live practicing lawyer with a firm in Washington D.C. Though perhaps atypical for a solo or small, I focus on several growing fields (emerging renewable energy technologies and micro-grids, pipeline regulatory proceedings and eminent domain on behalf of landowners and communities and 21st century legal ethics) that many of your students are beating down doors to enter. And because I recognize this, I’ve gone out of my way to hire and pay law students and new grads in my field because I believe that my generation in this profession owes an obligation to train those who come after.

But increasingly, I am finding that many of your students are, quite frankly, useless to me; lacking the basic skill set necessary to incorporate them quickly and seamlessly into a busy and frequently resource-constrained practice like mine.  Sure, I can understand having unformed research and analytic skills right out of law school. Over twenty years in, I still improve my skills with every brief or motion that I write.

Yet what I can’t fathom or tolerate is the utter lack of curiosity that many (but not all) new grads bring (or don’t bring) to the table when they hit the job market. I know that times are tough and it’s hard to be optimistic and proactive about the future when hope is dim. And certainly law school squeezes a lot of the natural inquisitiveness out of even the most hearty of students. Even so, how can today’s students not be excited about the cornucopia of riches at their fingertips — from free caselaw, free online legal briefs and memos by top attorneys, substantive analytic blogs galore, and an endless stream of news items on Twitter curated by experts in every field? Back in the day, I’d have been all over these tools, and yet like monks at a peep show, many law students simply avert their eyes and continue on their way. Nothing to see here — or so, they’re taught.

And maybe that attitude works over at big law, where associates need to stay hyper-focused to churn billable hours, while partners favor newbies who look to superiors rather than external sources as a font of knowledge. But out here in small land, where I scramble to keep up in three hot practice areas where I go up against AmLaw 100 firms (I’ll bet you’re surprised that solos actually do that! And win too!) while raising a family and blogging, I need young lawyers who can keep a pulse on my industry and inform me of what’s new.  I want new lawyers to challenge me every single day, not to sit like potted plants waiting for the next assignment.  And most importantly, lawyers who work with me have got to have basic 21st technology skills.

Now you law schools probably wonder what a lowly small firm lawyer is doing lecturing law schools about what they should be teaching.  After all, you have experts who write reports, you have big firm donors on your board not to mention a huge brain trust of really smart people populating your faculty and administration.  Heck, I don’t even rank high enough in the blogosphere to rate a quote in the New Republic’s article on how to fix law school.

But here’s why what my solo and small firm colleagues and I have to say matters so much.  Back in the day, most schools prepped attorneys to work at big law – but those jobs are gone for good.  Likewise, most government employers, which can hire big law cast offs with several years of experience, won’t touch new grads.  With the rising popularity of the “future of law,” the cool kids – like Axiom command lots of attention as the next big thing but I’ve got news for you: those guys can cherry-pick top talent (which is, after all their business model); if they deign to hire your new grads, it will be to support marketing or data analytics, not to practice law.

So, hate to break it to you, law schools, but you’re stuck with employers like me: solo and small firms who are the face of today’s legal employers. Maybe we don’t have the resources to hire your students long term or for much pay, but at the very least, we’re a safe harbor where they can gain valuable experience before they move on to a more permanent and stable position.

Now, I know when you hear the word “solo,” many law schools figure that you’ve got that angle covered with the now celebrated law school incubator programs. Don’t get me wrong – they’re a great idea as far as they go. But many of us solos and smalls who can actually hire your grads aren’t handling the pro-bono/low-bono cases that incubator participants handle. Moreover, incubators can handle only a handful of lawyers each year and the demand for skilled grads is much greater.

Besides, you DON”T need another program or clinic or five million dollar fancy pants teaching law firm  to teach the skills that I consider critical. Likewise, Suffolk Law School’s partnership with legal audit guru Casey Flaherty is certainly ambitious and a great way to put the school in the spotlight. But as I’ve pointed out , most solos and smalls have and expect far more advanced technology than the basics expected in Flaherty’s audit. (see this neat Infographic for a summary. Note, not much mention of the cloud for starters. And who doesn’t use a scanner these days?)

So even though no one has asked, here’s what I would do to train students in the basic tech skills that they need. To make it simple, I’ve outlined the competencies that are needed to succeed in 21st century law practice and how to integrate them seamlessly into the curriculum so that they become part of students’ daily routine.

On the singles scene, a pick-up line like “my place or yours” isn’t likely to attract many takers.  But on the shingle scene (as in hanging-a-shingle), several different companies are betting that the proposition “our platform [not] yours” will resonate with solos and smalls.  In the past few months,  two relatively new companies – UpCounsel and Law Pal – as well as one chestnut, Jacoby & Meyers  have rolled out a variety of virtual platforms, work-flow protocols and documents to entice well-qualified solo and small firm lawyers to join their networks and represent clients as part of their brand.  Below, I’ll give a run down of the platforms, followed by a discussion of what this means for solos and smalls.

The Platforms

UpCounsel, which launched in California 14 months ago and just raised $1.5 million  seeks to help small businesses meet their legal needs with access to first rate lawyers. To lure that talent, UpCounsel promises attorneys benefits such as a “virtual law practice in 5 minutes” – essentially a profile page like this.  UpCounsel handles billing by accepting and holding client credit cards, and earns a fee for each transaction.  However, clients cannot hire lawyers directly from the profile page; instead, they must post the job on UpCounsel and can invite the lawyer to bid.  In many respects, UpCounsel’s set-up reminds me of Elance for legal services, with its bid-based system and feedback/ratings loop (though elance doesn’t have user-specific pages).

Like UpCounsel, LawPal — a California transplant with UK origins and PayPal’s  Peter Thiel as a backer — also has its eye on serving small business’ legal needs, reports Legal Futures.  As described therein, LawPal users enter a description of their matter and are then offered a choice of lawyers. Once selected, LawPal sets up an online deal room along with a transaction checklist to guide the process. Participating lawyers get the benefit of these work-flow efficiencies, not to mention looking like cool kids (Lawpal is definitely making a play for the future of law crowd with these Legal Rebel Margaret Hagan  styled lawgraphics).

Founded in 1972, Jacoby & Meyers  is nearly old enough (at least in Internet years) to be a grandpa to UpCounsel and LawPal — but don’t count the old boy out just yet (though its website certainly could use a 21stCentury Facelift). Just yesterday, Jacoby announced that is seeking participating attorneys to help expand its network.  As you might expect, membership includes old-school benefits like cooperative television advertising and lead generation but also modern amenities like “custom Jacoby & Meyers website for [members] local office / practice” (let’s hope these sites don’t look anything like the J&M mothership), e-commerce capabilities for selling services and over 85,000 legal forms over the web and access to J&M Virtual Law Office platform for serving clients via a web-based client portal.

What’s Different?

Today more than ever, student loan debt stands as one of the most significant barriers to starting a law firm. I haven’t forgotten the early years of my practice when I took on court-appointed criminal cases and a variety of lower-paid contract assignments not just to gain experience but also to cover my $700/month loan payments which along with virtual office space and Internet service, were my cost of doing business.  In retrospect, I was “lucky” in that my student loans, even in 1988 dollars (about $1300/month) pale by comparison to the burden carried by many of today’s graduates.   To help grads struggling with debt, I asked my respected colleague, bi-coastal bankruptcy and student loan lawyer Jay Fleischman of Schaev & Fleischman (www.ConsumerHelpCentral.com) to answer a few questions about how to manage student loan debt – and Jay graciously accepted.  Below, Jay briefly discusses some of the programs available to graduates in debt and emphasizes the importance of handling debt before it gets out of hand.   

If you’re living under the burden of student loan debt, perhaps you should consider a consult with a student loan lawyer to identify options for managing debt. Also, if you’ve consulted with a student loan attorney (or any other type of debt management company) and would like to share your experience (anonymously if you prefer), positive or negative, please post your comments below. I’d love to hear them and they’ll be very useful for readers.

1.  What exactly is “student loan law?” 

Student Loan Law is an umbrella term for the field of practice that aims to help student loan borrowers with their debts. It encompasses aspects of bankruptcy, consumer protection (Fair debt Collection Practices Act, Fair Credit Reporting Act, and state UDAP laws), debt collection lawsuit defense, and administrative practice.

2.  How did you get involved in this practice area, and was it difficult to master the necessary skills?

Many of my consumer bankruptcy clients were coming to me with student loan problems, and I began to realize that there had to be a way to help them. There weren’t any training courses available to help me get started, but then I met Joshua Cohen and attended his Student Loan Law Workshop (www.StudentLoanLawWorkshop.com). The training was so worthwhile that I began to work with Josh on other projects, including some of the aspects of the workshop.

3. As you know, many of MyShingle readers are either recent graduates starting a firm under the burden of substantial student loan debt.  What options, if any, are available to them to manage debt so that their practice will have a fighting chance of success? 

Call it the fantasy lawyering league.

Just as sports aficionados rely on past seasons’ statistics to put together a fantasy football team, soon, consumers now have ready access to lawyers’ track records at their fingertips courtesy of big data — and can draft a dream team lawyer based on objective facts rather than subjective referrals or astroturfed testimonials.

Of course, none of this is truly new. After all, lawsuits and other legal filings have always been a matter of public record and hence, discoverable by anyone who knew where to find the records and cared to take the time to look.  But now, the veil of practical obscurity that shrouded lawyers’ public filings has been pierced by big data which several enterprising companies are packaging for easy public consumption.

Take for example, 27Legal, a Maryland-based company that created the Injury Lawyer Database that provides up to date statistics on lawyers and defendants culled directly from the Maryland judiciary databases. The company also released the CompPinkbook, which compiles data on payouts in workers’ comp cases in Maryland.

Meanwhile, on the opposite coast, another company, Habeas  aims to help clients make “data-driven decisions” about their lawyers. The site, which appears to be gearing up to launch in California, will allow users access to information on 22,900 transactions and the lawyers connected to them along with 7500 cases.

Finally, there are a couple of tools, here and here listing the top 100 attorneys with the most trademark applications filed in 2012.

From my perspective, more information is always a good thing, so I welcome these new analytic services.  Like Avvo numerical ranking, statistical data on a lawyer’s cases and results are simply another metric for a client to consider when hiring a lawyer or for a lawyer to take into account when referring a case to a colleague. In any event, at the end of the day, lawyers’ opinions of legal data analytics are irrelevant because neither the state disciplinary committees, the ABA nor the courts have any jurisdiction to prohibit companies from mining and analyzing publicly available data.

Three years ago, I created this Solo Tech Survey to get a sense of the types of technology that today’s solos and smalls use. Despite the survey’s daunting size, I received nearly 50 replies, and published the data here.

I’d really like to update the survey and use the additional results to discern some

Editor’s note: see updates at the end of the post
Last week, the ABA Task Force issued a Draft Report and Recommendations on the Future of Legal Education . Among other things, the Task Force recommended the concept of limited licensing of non-lawyers who could directly serve clients as well as development of educational programs to license and train those seeking to become legal technicians.  The ABA’s proposal is consistent with developments in a handful of states; Washington state is currently implementing a limited law license program while the concept is under consideration in California and New York.

In theory, limited non-lawyer licenses expand access to justice by increasing the number of providers who can serve clients on small matters that aren’t profitable enough for most full service lawyers to handle – and do the work for less.  But some are skeptical, most significantly ABA Legal Rebel and respected lawyer and technologist Richard Granat who questions whether limited license technicians are a good idea. Richard brings unique credibility to the debate because he’s devoted more than four decades of his career in the law on the problems of access to justice. Moreover, as owner of Directlaw, an automated, online legal form generator, Richard could make a mint selling forms to legal technicians. So Richard’s criticism of legal licensed technicians run counter to his economic interests (a rarity these days in the blogosphere).

Richard raises two primary objections. First, he argues — correctly — that there is no evidence to suggest that legal technicians will charge any less than attorneys, a point I made here. Citing evidence of declining legal fees, Richard argues that we’ve reached a point where many consumers can hire a lawyer (at least for the tasks that legal technicians would provide); the problem lies in convincing them that they should.  Legal technicians won’t solve that problem. Nor can legal technicians cut rates much more since they will need to cover the costs of the special training programs developed (Richard foresees a new cottage industry – Get your legal certificate now!) with the creation of special training programs and regulatory oversight. Plus, unlike full service lawyers, legal techs won’t have the ability to subsidize low end, unbundled work with higher cost services – which is what many lawyers do to make low bono work viable. In short, running a licensed legal technician shop may not be viable business model.