Solo In Chicago…Grow Your Practice!

Ya know I really do support the ISBA advertisements that show a picture of Abraham Lincoln with the tag line that Illinois has a pretty good history of lawyers. But then you get something like this from today’s Trib. and the image polishing seems all for naught:

Personal injury lawyer Gerald Penovich sat in his Loop office discussing a car crash with two clients.

Instead of expressing concern for their injuries, Penovich advised them to make sure that they told the doctor that their chest, neck, back and head hurt.

“He told them that he liked to make money and that they needed to go to the doctor a lot,” court records said…

Penovich submitted the false claims and fake medical bills to insurance and automobile rental companies. He sought more than $100,000 in false claims and received about $50,000, court records show…

Nice little overview piece of Attorney Joel A. Brodsky in the news today, Drew Peterson’s lawyer. An interesting tale of many personal and professional experiences. He’s in a two person firm on Michigan Ave. Sounds like an interesting tale of a real “Chicago” guy. Well, and he’s had the guts to file and win an “Alienation of Affections” suit so he’s got my respect. I think I’ve had contact with the guy but I’m groping for when/where.

Just us lawyers standing around and yelling about it. The Illinois Attorney Act (705 ILCS 205/1) has been amended to actually allow for the recovery of damages ($$) against nonlawyers doin’ stuff only lawyers can do.

The new law creates statutory remedies for the unauthorized practice of law (UPL), including: a) appropriate equitable relief; b) a civil penalty up to $5k with monies going to the Illinois Equal Justice Foundation; and, c) actual damages.

From the Illinois Bar Journal:

How can lawyers use this legislation?

This legislation will help people who have been harmed by nonlawyers who performed legal services on their behalf. They may now seek equitable relief, actual damages, and civil penalties on behalf of injured clients under the Attorney Act. This Act will make it easier for injured individuals to seek relief because no separate negligence action will have to be filed.

Additionally, lawyers may choose to bring actions on behalf of their clients upon learning of non-lawyers holding themselves out as able to practice law, or of instances in which the act of unauthorized practice has already occurred. Under Richard F. Mallen & Asso, Ltd v MyInjuryClaim.com Corp,27 the appellate court held that both Illinois licensed lawyers and law firms have standing to file a cause of action seeking to enjoin another from UPL.28

There’s a great article in January’s General Practice, Solo and Small Firm newsletter from the I.S.B.A. 10 dos/don’ts regarding starting a law firm. I know the author real well! Unfortunately it’s password protected…drop me an e-mail if you want a copy.

That’s the title of the piece that recently appeared in the NYTimes. A nice overview of some of the “new” challenges faced as soooo many people work from home. Some funny examples of couples where now both spouses were working at home and one of them HAD to move out.

I’m about 3 months into the home office thing, no major complaints. My trouble spots:

–Putting down the morning papers and political television and getting into lawyering.

–Making sure I actually shower each day.

–Finding more out-of-home, convenient work spaces…come on Des Plaines, how ’bout some community WiFi.

Saw this free Webinar offered by The Rainmaker Institute.

Saw this one come down from Washington, Wright v. Van Patten, No. 07-212, (January 7, 2008).

The U.S. Supreme Court ruled unanimously that nothing in its own precedent prevented a lawyer from participating in a plea hearing by speaker phone. However, the unsigned opinion cautioned that the justices weren’t ruling on whether such a practice should be allowed.

Joseph Van Patten was charged with first-degree intentional homicide under Wisconsin law, but he pleaded guilty in Shawano County to a reduced count of first-degree reckless homicide. His lawyer wasn’t physically in the courtroom for the plea hearing, but participated by speaker phone. The judge imposed the maximum 25 years in prison.

It’s hard to imagine NOT appearing in court for a substantive hearing/matter. Right? Your communication is not just verbal isn’t more of communication actually non-verbal? That said, I should never have to appear in court in-person for status hearings.

Don’t see this everyday…an IL lawyer continued taking client retainers despite his law license having been suspended and subsequently got prosecuted criminally and now he’s behind bars.

12 questions from the National Federation of Independent Business to help you decide:

1. Have you ever berated an employee in public?
2. Have you ever taken credit for something an employee did?
3. Are your employees afraid of you?
4. Are you a “no excuses allowed” type?
5. Do you expect employees to “know” or to “do” without telling them?
6. Do you yell or shout at employees?
7. Have you ever tried to belittle or humiliate an employee as punishment?
8. Do you “lean on” or make it more difficult for someone who has displeased you?
9. Do you play favorites?
10. Do you constantly check everyone’s work for quality?
11. Are you reluctant to let employees make decisions?
12. Do you expect employees to do what you ask without question?

An intriguing headline about Reed Smith’s hiring of two non-lawyers in executive roles. If you read the piece it includes all the usual rhetoric about “running a law firm like a business.”

How should small firms grow their personnel??

Our first hire was a part-time non-lawyer secretary whose primarily role is to oversee billing/collections and the non-lawyer aspects of residential real estate closings. I think for most small firms the first hire should be a non-lawyer to oversee the business side of the firm. If this person were full-time with us I’d use her for more marketing related development and general business planning/forecasting.

I think our next hire will also be a non-lawyer sort of paralegal figure to work in pure legal areas, thus creating a pure business staff person and a pure legal staff person. As yet we haven’t made this hire…we sort of cover this role currently with a law student who does periodic project work and legal research.

The third hire I could foresee would be an attorney or maybe a merger. I’d like this to be a good “sales” lawyer. Rather than practice area splits in small firms I like the model of a lawyer or two who sign-up clients and then a lawyer or two who focus on substantive legal work. I don’t think the strong sales skills plus strong analytical legal skills are found too often in a single person.

What have others done?