Solo in Ontario: Criminal Practice

Solo in Ontario: Criminal Practice has moved!

2009-04-22T19:36:00.001-04:00

We have moved! Visit the new blog at www.soloinontario.ca.

Six tips for going paperless

2009-04-15T12:42:00.006-04:00

I'm a big fan of the paperless office. Unclutterer, "the blog about getting and staying organized", has a list of six tips for going paperless. I agree with everything they suggest, particularly their recommendation of the Fujitsu ScanSnap, which I consider the best peripheral purchase I've ever made. You may want to read my own review of the ScanSnap.

Final Report of the Sole Practitioner and Small Firm Task Force

2009-04-12T18:14:00.011-04:00

You may have missed the Final Report of the Sole Practitioner and Small Firm Task Force [PDF], which landed in the inboxes of lawyers across the province at the end of February.

The Task Force's mandate was to study the current state of sole and small firm practices in Ontario, including the unique challenges they face.

The data is clear. Sole and small firm practices are the central foundation of legal services in Ontario. Sole practitioners and practitioners in firms of fewer than five lawyers make up approximately 52% of the lawyers in private practice in this province and an amazing 94% of all firms in the province.

According to the report,

When individual citizens in Ontario require the services of a lawyer to handle a wide range of legal matters ... overwhelmingly they retain sole and small firm practitioners.

What's more, these practices provide virutally all lawyer services available in languages other than English, French or Italian.

The report reveals that sole and small firm practitioners face great challenges.

Difficulty in financing practices is a challenge unique to target group lawyers and is linked to the nature of their client base. Individual clients generally have less ability to pay than do corporate, government or institutional clients. This affects not only the amount of money clients have available for or are willing to commit to lawyer services, but the timing of their payment. The result is that target group lawyers are often left to finance a client’s litigation, delay receipt of payment until a matter is completed, or reduce or forgive fees to satisfy client demand. To exacerbate this reality, target group lawyers also report greater difficulty in securing financing and lines of credit from financial institutions. Rising overheads and general market pressures to reduce fees that affect all lawyers have a greater impact on many target group lawyers because of the narrower margins of financial viability they face.

Those who have chosen to go solo may have an especially difficult go of things.

Sole practitioners alone report the highest degree of dissatisfaction and the presence of the highest number of factors that can lead to financial instability. Isolation from other lawyers distinguishes the experience of many of these lawyers frm the rest of the target group and, for some, threatens the viability of their practices.

You should read the full report if you have the time, particularly if you're still a student or you're practicing at a larger firm and contemplating a change of scenery. As much as I try to offer my readers a glimpse into the life of a sole practitioner, mine is but a single story and, if the report is to be believed, my story may have played out somewhat more smoothly than is regular.

Apple Computers and Law Practices

2009-03-10T15:08:00.004-04:00

In first and second year law school, I used a Dell laptop for almost everything, including taking notes. In third year, I stopped using a computer altogether and my grades improved. No computer meant I took fewer notes, paid more attention and understood everything better.

At one of the first classes of International Humanitarian Law, our professor, a retired Major General, observed the number of students using laptops and remarked on how our laptops would be one of the first things rendered useless in war.

By third year, when I looked around the classroom, more and more people were using Apple laptops - especially MacBooks. I am now using an Apple laptop for my practice. I don't recommend it. Here are some reasons why not:

Apple computers are overpriced.

Apples are often described as "intuitive". I have not noticed anything intuitive about my Apple. It is just as stupid as my Dell was.

Important legal applications are usually only designed to run on PCs, not Apples. For example, PCLaw. This is one of the most popular billing and accounting softwares. When I called Lexis Nexis to ask whether it would work on an Apple, they told me no, it only runs on Windows. Further, that Apple computer users make up approximately 5% of the population, but in the legal profession, only about 2%. I am told by Bo that you can get an application that will run Windows that will run PCLaw on a Mac. So you need to buy 2 applications to run the 3rd application - not exactly "intuitive".

Apples have major compatibility issues. I use Office Word for Mac 2008. I can't send any clients Word documents for them to edit and "track changes". The .docx format used by Apple simply won't open on many PCs. I prefer the pdf format, which is compatible (and more secure).

Lastly, my Apple has crashed more than my former Dell. I recently had a hard-drive meltdown. Of course, I back everything up securely, so nothing was lost, but it was a pain. When I went to use my Apple Care ($299.00 when I bought the Apple), I was told that my dysfunctional hard drive would be mailed to California. That's no good for client confidentiality, so I opted to keep it. Doing so rendered my Apple Care useless and I had to pay $140.00 to buy and new hard drive and $90 to get it installed.

I realise this post is a bunch of whining. That is mostly because computers are frustrating in general. I just wanted to give you a heads up if you're thinking about committing to Apple and practicing law. The two don't necessarily mix.

Debate Series: Is the Lawyer Referral Service a Worthwhile Investment?

2009-02-21T01:36:00.006-05:00

If a person is having difficulty finding a lawyer, or would just like a bit of free legal advice, he or she can call the Law Society of Upper Canada's Lawyer Referral Service ("LRS") at (900) 565-4577. The LRS will provide the name and telephone number of a participating lawyer, who is obliged to provide a free 30 minute consultation. This is a toll service, which means a $6 charge will appear on the caller's nex telephone bill. For more information, visit the Lawyer Referral Service FAQ.

Lawyers pay the Law Society an annual fee to participate in the LRS, and for the opportunity to acquire new clients while providing a public service. The fee for 2009 is $262.50. Shortly after the LRS refers a client to you, it will follow up by faxing you a Notice for you to complete and return. They want to know the outcome of the referral.

Up For Debate

Is the LRS a good way for new lawyers to connect with clients?
Is the operation of the LRS contrary to the spirit of the Rules of Professional Conduct?

Michael's Take

Issue 1

I was a member of the LRS for my first 3 months of practice. I received on average 3 referrals per month. I enjoyed meeting with every potential client.

On the positive side, the legal problems potential clients called about were diverse and interesting and this forced me to learn a great deal. On the downside, each meeting took preparation time and the meetings usually lasted 60 minutes, not 30. It is difficult to get a clear understanding of a case in 30 minutes and give useful advice.

In the end, as my practice became busier, I found that I did not have the time to continue my LRS membership. The referrals I received were generally from clients unable to afford to pay a lawyer for the services they needed. I took on a few LRS referrals on a pro bono basis and hope to rejoin the LRS again in the future, as I strongly feel it is a very usefully organisation that increases access to justice. I just need to be in a more stable financial position before I am able to accept more pro bono retainers.

Issue 2

The Rules of Professional Conduct ("Rules") were created by the Law Society. So was the Lawyer Referral Service. Therefore, I take the position that the LRS should follow the spirit of the Rules.

Rule 2.03 relates to confidentiality. In my opinion, questions 4 and 5 (relating to retainers) on the Notice that lawyers must return to the LRS appears to violate the spirit of confidentiality. I can see why this information may be interesting to the LRS for statistical purposes, however, in my opinion, a lawyer must ask their client whether they are comfortable with this disclosure before providing LRS with it. It seems inappropriate that the LRS would ask for retainer information without including wording such as: "if your client consents to disclosing retainer information..."

Rule 2.08(8) bars lawyers from dividing fees between lawyers and non-lawyers and also bars paying non-lawyers referral fees. Yet lawyers have to pay a fee to join the LRS. This appears to be contrary to the Rules as lawyer members of the LRS are in effect buying clients, even if they do work on a pro bono basis. The solution may be an amendment to Rule 2.08(8) to allow for a fee to be paid to the LRS or the LRS could abolish membership fees and ask for voluntary contributions from lawyers or increase lawyer annual dues.

It is my intention to raise these issues with the Law Society of Upper Canada. But I am interested in reader feedback on them. Please share your thoughts in the comments section. I am also looking forward to hearing Bo's take.

Bo's Take

Issue 1

Michael, I appreciate that the Law Society has its heart in the right place. But it's my experience that joining the LRS is more trouble than its worth. More often than not, people who call the LRS are looking only for a freebie. Free advice, free assistance, free representation. They are generally not looking to hire a lawyer. I was a member for about six months and during that time the LRS sent me about 5 referrals. None of them turned into retainers. One callers was an obvious paranoid schizophrenic who felt he was under constant supervision by both the police and his neighbours. Another caller, who clearly intended to represent herself, kept me on the phone for close to an hour despite my repeated and obvious attempts to pry myself away. Even though I was clear that her time had expired, she called me back during my dinner with more questions.

I've heard it argued that all it takes is a single retainer for membership to pay for itself. But that argument fails to take into account the lost time and opportunity cost of verbally wrestling with people who have no intention of paying you a dime.

Don't get me wrong. I very much believe that everything possible needs to be done to see that all members of the public have equal access to quality legal services, regardless of socioeconomic standing. However, the LRS is not an effective means of delivering legal services. Though most lawyers will take on matters pro bono, particularly those that present unique legal issues or involve particularly sympathetic parties, in general "lawyers work best when they're paid". The Law Society should abandon the LRS and redirect its energy toward lobbying for greater funding for legal aid, encouraging pro bono work, and supporting direct public education initiatives.

Don't necessarily let my experience stop you from trying out the LRS for yourself. The sentiment behind it is certainly noble. But if you're experience is anything like mine, you'll find yourself frustrated and $262.50 poorer.

Issue 2

Michael, I'm impressed. I had never given thought to a potential conflict between the LRS and the Rules of Professional Conduct. You raise some interesting points. With respect to confidentiality, I think you're right on. The LRS benefits from collecting such statistics, but out of respect for both the solicitor-client relationship and the spirit of their own rules, the form should be amended as you suggest.

As for the question of paying non-lawyers for referrals -- this is the regulating body we're talking about. It's an organization run by lawyers and composed of lawyers (we won't count the paralegals). So, the conflict you describe may be a technical breach, but it's certainly not a breach in spirit.

I'd also love to hear from our readers. Feel free to sound off in the comments.

Office Space: Mission Accomplished!

2009-02-21T00:26:00.003-05:00

After scouring the classifieds and visitng more than a dozen potentials, I finally have an office. It's in a medium-sized law chambers that includes several criminal lawyers, a real estate lawyer, an immigration lawyer, an entertainment lawyer, and two other new calls. The building is a gorgeous brick-and-beam heritage structure on Bond Street, in the heart of downtown Toronto. It's just north of St. Michael's Cathedral, just south of Dundas Square, and just east of the Eaton Centre. There's a full-time receptionist, so potential client's will no longer be greeted by a recording. The landlord only charges cost for expenses, which means the phone line is dirt cheap and photocopies are 2 cents per page. And most importantly, I now have a place to meet client's that's professional, comfortable, and private.

I originally planned on sharing this space with a colleague. We were searching for space together. Unfortunately, it seems that our priorities were different in the end and we couldn't settle on a place that satisfied both of our needs.

So, if you're a new call or junior lawyer practicing in Toronto and you're looking for your own office space, contact me. I'm still looking for someone to share my space with. The office itself is quite large and can easily fit two desks and other furniture. It's much too big for just me. This is an opportunity to score a nice office while keeping overhead low.

"You want how much?!" - Appropriate Fees For New Lawyers

2009-01-27T18:14:00.002-05:00

It's a question for the ages for young lawyers. 'How much should I bill my clients?' You see, there are no substantive guidelines when it comes to setting fees. The law society in this province is silent on the matter. Nevertheless, there are benchmarks which can be used to determine appropriate fees. For example, you can pin down the low end by considering what legal aid pays per hour. And to get an idea of the high end, ask lawyers with just one or two years of experience what they charge. Then narrow down this range by considering your particular circumstances, such as your area of practice and the city you work in.

At the low end, legal aid in this province pays new lawyers $77.56 per hour. After a few months in practice, you'll quickly learn that the Ontario Bar considers this rate to be grossly inadequate. Many lawyers stop accepting legal aid certificates altogether as soon as they become busy enough to pick and choose retainers. So, your rate should be significantly higher than what legal aid pays. For another data point, consider the articling student. Medium- and large-sized firms routinely bill out their articling students at rates of $125-$175 per hour, and more. Surely a lawyer who has completed his articles and been called to the Bar can justifiably demand a premium.

What about the top end? What are lawyers with one or two years of experience charging per hour? A colleague of mine bills his corporate/commercial clients a minimum of $275 per hour and refers to this as "a healthy rate". Another, a civil litigator with even less experience, bills at $250 per hour. A January 14, 2009 article in Maclean's titled 'When lawyers are only for the rich' pegs the average hourly rate for lawyers called to the bar in 2008 at $220. Granted, the author's chastised the profession for the 69% increase over 2005 rates and lamented the effect it has had on access to justice, but we'll leave the socioeconomic analysis to another post. The point is that these are the rates that other lawyers charge and it's what clients have come to expect.

An acquaintance of mine has commented that all of these numbers seem too high. He tells me that in Windsor, where he attends law school, new calls earn $100 to $150 per hour. He knows of two lawyers who charge $250 and $300 per hour each, and they have been practicing for decades. What to make of the sharp contrast between his numbers and mine? First, Windsor is not Toronto. Neither is London, or Ottawa, or Montreal, or Vancouver. Toronto is the largest legal market in the country, in the same way that New York City dominates the scene south of the border. Whether true or not, a Toronto address suggests a quality and competency not available elsewhere. And the cost of doing business in Toronto is extremely high. The rates in this city reflect that.

With all of the above considerations in mind, I feel a new call should set his rate at between $150 at the extreme low end and $250 at the extreme high end. $180 to $200 is a healthy rate in Toronto.

What about criminal lawyers, who tend to bill in blocks and not by the hour? These numbers are harder to pin down. However, my limited and completely unscientific survey of younger members of the criminal Bar suggests $1000 to $1500 for a one day bail hearing and $1500 to $4000 for a one day trial.

New lawyers can find it challenging to balance their desire for a fair fee with their need to secure clients. When business is slow and your calendar is bare, it may seem like a good idea to offer a lower rate to lasso a particular client. This can be a successful strategy, but be careful. As your name spreads and your calendar fills, you may find that a simple matter for which you agreed to a tiny retainer has unexpectedly gone off the rails. You may come to resent time spent on files like these, which is time taken from other, more lucrative matters.

What do you think new lawyers should bill? What other factors should be taken into consideration in determining an appropriate fee? Share your ideas in the comments.

Police Brutality At Scarborough Courthouse?

2008-12-23T15:19:00.003-05:00

It was Friday. I walked out of a Scarborough courtroom with my client, now a free man. We sat together just outside the courtroom and I began to debrief him. It was still morning. The courthouse was alive and the halls brimmed with energy and activity. Suddenly, I was stopped dead by a loud, hollow bang. A mass of bodies pushed through the double doors of the courtroom directly across from where we were seated. Three court officers grabbed after and tangled with a small, black youth. The officers took the boy to the ground with impressive speed and purpose. The bundle of men fell directly at my feet. One officer restrained the boy's hands, while another wedged his knee against the boy's neck. Then... one, two. The third officer landed two sharp punches to back of the boy's head.

The halls erupted with excited chatter. The voices of three black men who had been seated nearby rose above the rest. "Whoa! Hey! ... He can't breath! ... You're punching him?! Stop punching him! ... What are you doing?! ... He's mentally ill, man! ... Savages! ... Barbarians!"

There was the potential for more violence, which fortunately didn't materialize. I didn't do anything. I simply looked on as two more officers arrived to lend assistance. The boy was physically outmatched and he was easily subdued. It was over as quickly as it had begun, as the officers disappeared with the boy behind a door and into the bowels of the courthouse.

I draw no conclusions. There's so much I don't know. What had precipitated the take down? What had happened on the other side of that door seconds before? Had there been an assault? Had the boy bolted from the dock? I had no answers and I never got them. Still, the whole thing felt wrong. Nevertheless, it would have been a mistake to try and inject myself into an already explosive situation. And the hall cleared so quickly afterward that I had no opportunity to try to identify the officer that had given the boy the worst of it.

Was I a witness to police brutality? Or was this justified. The officer who punched the boy... was he dutifully following his training, or had he forgotten himself and stepped beyond the boundaries of what is acceptable? I don't know the answers to any of these questions. But I very much want to know what you think.

Thanks Bo!

2008-12-20T10:57:00.008-05:00

Bo, thanks for inviting me to guest blog on Solo in Ontario: Criminal Practice!

I was in the same first year law class as Bo at Western and heard about his blog at a Law Society Continuing Legal Education seminar for new lawyers on opening a Criminal Practice. I checked out Bo's blog and sure enough there were some very helpful tips.

I opened my practice October 1, 2008 under the firm name HASSELL LAW. I've been practicing for just over 2 1/2 months and I am having a lot of fun.

A couple of tips that I have implemented from Solo in Ontario: Criminal Practice include buying a ScanSnap S510M (I now have two) and advertising on Google AdWords (this has paid for itself). So there you have it, Solo in Ontario: Criminal Practice helps lawyers build their practice!

I have learned a lot about practicing law since opening and I hope that I can share some useful information with the readers of this blog as my practice develops.

Looking Good, Day In and Day Out

2008-12-15T18:10:00.007-05:00

You need to look good. As a lawyer, you're constantly on display and the way you present yourself will leave an indelible impression on clients, colleagues, judges, and juries. Unfortunately, as a sole practitioner you may not be able to justify $150 haircuts or a watch that costs more than a small car. The good news is that you don't have to spend a fortune on clothes to look professional. There are many simple and inexpensive things you can do to make sure you look your best, day in and day out.

Always keep your suits pressed to avoid looking like you just rolled out of bed. This doesn't mean you have to constantly send them back to the cleaners. Just take care. Your suits should go straight from their hanger to your body and back. No matter how exhausted you are at the end of the day, never toss your pants or skirt to the floor or drape them over a chair.
In the same vein, always remove your suit jacket when seated. Never wear your jacket when sitting at your desk or behind the wheel of your car.
Men may notice that their ties inevitably fray with time. There's an easy fix. Never let your tie lay underneath a strap or seat belt. The threads will break and the tie will fray. Instead, run the strap between the tie and your chest.
People will notice your shoes. Keep them clean without the wax and without the mess. Slip an instant shine sponge into your briefcase and keep one on hand at the office.
Barring an unfortunate mustard-related accident, you need only have your suits cleaned once or twice a year. Frequent cleaning causes significant wear and tear.
Men should find and wear collar stays. They'll keep your shirts looking fresh and crisp. You can sometimes pick up stays for free at fine men's store. I have about a half-dozen metal stays I got for free by asking the gentleman behind the register at Banana Republic.
Stop smoking, at least during working hours. I hate to break it to you, but if you smoke, you stink. In addition to smelling better, you can put the money you save back into your business.

I can't emphasize how important it is to take care of your appearance. When you look good, you'll feel more confident. In turn, you'll inspire confidence in others. Do you have any suggestions for free or inexpensive ways to maintain a professional appearance? Sound off in the comments.

Milestone: A Full Docket

2008-12-15T17:48:00.003-05:00

I've been at this for close to six months and I'm finally able to celebrate an important milestone. Ladies and gentlemen, this is the first time I've had a matter scheduled for every day this week. It didn't take that long, did it?

Rescinding a Bench Warrant at Old City Hall

2008-12-11T07:48:00.012-05:00

I recently accompanied a client to court, only to find that his matter wasn't on the docket. I didn't know this at the time, but if the Information is physically in the courtroom, the matter will be called regardless of whether or not it's listed on the docket. I should have immediately asked the court clerk to look for it. Instead, I made the mistake of going to the court support office and asking it to verify my client's date. There I was advised, incorrectly, that my client wasn't due back until the following week. Oh... my client had mixed up his dates. No bother. We'd come back next week.

As it happened, my client's matter was called that day despite not being on the docket. The court support office had given me incorrect information. Perhaps that '3' looked a little too much like an '8'. And when no one attended to speak to the matter, the Judge had issued a bench warrant for my client's arrest. I didn't learn this until we returned the following week. Sigh. The more time I spend at various courthouses, the more apparent it becomes that courthouse administration is a disorganized mess.

I'd now have to get the bench warrant rescinded or see my client get arrested. I canvased my more senior colleagues through the CLA Listserv and received a heap of responses. Apparently, this situation wasn't an all that uncommon. I'd estimate that half of the responses I received advised that my client would need to turn himself in to police, as too much time had passed since the bench warrant had been issued. I couldn't accept this. The last thing I wanted to see was my client in custody because of a mistake by the court's admittedly overburdened administration.

It's relatively easy to have a bench warrant rescinded on the same day the warrant is issued, but things become more complicated with time. Nevertheless, through a great deal of trial and error, I was able to have my client's 5-day-old bench warrant rescinded without having him step into custody. To save you the trouble, I've outlined the steps below.

Begin early. I started at 8:30 a.m. and was out of the courthouse by 11:00.
Attend at the duty counsel office to get the appropriate form.
Complete the form. If you need information about the warrant, such as who issued it and when, ask at the office of the Justice of the Peace.
Present the form to a Crown for her signature. I managed to track down a Crown willing to sign by going to Room 160 at Old City Hall. If your courthouse has a Duty Crown, try her first.
Present the signed form to the Clerk's office. It will make sure that the Information is taken to the appropriate administrative court (courtroom 112 at Old City Hall) so that you can speak to the matter.
Present the form to the police liaison. That office will make a copy for its records. If I had been doing this on the same day that the bench warrant had been issued, both the warrant and the brief might have still been at the courthouse. In that case, the police liaison would have arranged for both to go to 112. In this case, the warrant and the brief had already been shipped off to police headquarters.
As long as you made sure to start early, you should be able to accomplish all of the above before 112 court sits at 10:00 a.m. Attend with your client at that time and speak to the matter.
Make your arguments for rescission and, if successful, the Judge will make an order. Since the matter is back on track, you'll also need to set the next court date at this time.
Pursuant to the Judge's order, the police liaison will send a request to police headquarters to have the bench warrant rescinded and CPIC updated. Keep in mind that it may take several days for the change to reflect in CPIC. Officer's on patrol may still see the old bench warrant and pick up your client. It's been known to happen.
Pat yourself on the back and accept your client's praise.

Solo in Ontario Welcomes Michael Hassell, Guest Blogger

2008-12-10T10:31:00.004-05:00

You'll soon see a new name in the byline, as Michael Hassell joins Solo in Ontario as a guest blogger. Like many of you, Michael is a recent law school graduate who has decided to venture out on his own instead of joining a firm. Michael's practice is primarily focused on civil litigation and human rights law, which will allow him to provide a fresh perspective on the challenges of starting one's own practice. He's also exploring criminal defence. I hope you'll enjoy reading about his journey and that you'll engage him as eagerly as you have me.

Solo in Ontario: Profile on Pei-Shing Wang

2008-12-10T06:58:00.016-05:00

Readers, let me introduce you to a young and talented sole practitioner by the name of Pei-Shing Wang. Pei-Shing isn't just building a business, he's building an empire. His burgeoning practice, PSW Law, is an example of the success that can be achieved by embracing the self-branding and networking strategies that I often discuss here. PSW Law is on its way to becoming a well known name, and Pei-Shing Wang is on his way to becoming a successful lawyer and businessman.

Pei-Shing, with a hand from graphic design firm Candor Media, has created a strong, professional, and ubiquitous business identity. His business cards, stationary, website, and blog all incorporate the same colour palette, fonts, and easily recognizable logo, allowing him to effectively promote the Pei-Shing brand at every opportunity. Pei-Shing has gone further than most. With an eye to the future, he's begun the process of registering 'PSW Law' as a trademark. He's also trying to trademark 'Integrated Small Business Solutions', a phrase he uses to describe his holistic approach to providing legal services. If Pei-Shing persists in his efforts, perhaps PSW Law will one day become synonymous with business law services, much as Greenspan, White is the current standard-bearer when it comes to criminal law.

Pei-Shing also understands the importance of networking, and has found some original and effective ways to reach out. He was recently interviewed on Small Business, Big Ideas. This radio show targets small business owners across Durham Region, an ideal audience to which Pei-Shing could sell his services. He's also leveraging his cultural identity by advertising in Mandarin and prominently featuring his trilingualism on his website. And he's always looking for opportunities to connect with colleagues, such as yours truly, with whom he can commiserate and from whom he might receive referrals. For those of you who are thinking of starting your own practice, keep an eye on Pei-Shing and you'll be sure to learn a thing or two.

What To Do With All Those Business Cards

2008-12-01T01:50:00.002-05:00

So, you've just returned from the printers with a box of 250 little white cards emblazoned with your name and you hope to turn each one into a paying client. But how? Where do you give these things out and to whom?

Some people think it's smart to be economical and selective in handing out business cards. They're careful not to 'waste' them and worry about getting them into the hands of the 'right kind of people'. This is a terrible strategy. It's tacky when a new acquaintance declines your request for their card because they only have 'one or two left'. Business cards are a minor expense. You have no idea where your next client is going to come from, so get your cards into as many hands as possible.

Try some or all of the following tricks and watch as your name spreads.

Never leave the house without a stack of business cards. Add this item to the list of essentials -- keys, wallet, phone -- you check for before heading out the door.
Keep reserves in easy reach. Keep a stash of cards in your briefcase, desk drawer, and your car's glove box. Slip a few into the inside the pocket of each of your business suits.
Visit the independently owned businesses in your area. Many of them allow other business owners to leave cards by the cash register.
When you eat out, leave a card behind for your server by slipping it into the bill folder along with the receipt.
The next time you're making small talk in an elevator or with the teller at your bank and they ask you what you do for a living, offer your card. Let the other person know you'd be more than happy to speak with them if they ever find themselves in need of the particular services you sell.

It's a fine balance. You don't want to become known as 'the walking billboard'. On the other hand, the business card is a natural and accepted part of many of our everyday interactions with other people, particularly in bigger cities.

Networking Pays Off

2008-11-27T21:38:00.003-05:00

Several months ago, I got a call from a writer with the Canadian Bar Association. She was doing a piece for the CBA on networking. She had stumbled across this blog and thought it would be a good idea to get the perspective of a relative newcomer to the profession to contrast against the experience of the old hands. Well, the article is now up on the CBA's PracticeLink, and this blog (and some of our more regular readers!) is prominently featured.

The article is a direct result of, and will further propel, my efforts to create a strong brand for myself both online and in the real world. This is exactly the kind of thing I had in mind when I set out toward creating a strong business identity. Since the article went up, our readership has increased significantly and my exposure along with it.

I also have the more long-term goal of offering my services to local and community newspapers in the form of an advice column. It's a very effective form of free advertising, as the paper will give you room in your byline to plug yourself. I'll be sure to let you know if and when I make progress in that direction.

The Highs and Lows of Being a Sole Practitioner

2008-11-27T14:35:00.005-05:00

Mike, one of my readers, recently sent in a comment which really made me smile.

Have you been doing the coffee shop meeting thing? If so, how has that been working for you? The nature of my real estate practice is that I often meet people quickly in a convenient location for the sole purpose of signing some documents. The low point was on the trunk of my car outside the person's office when the rain was just starting or (maybe) worse was under the awning of a White Spot in a heavy rainstorm because the restaurant was too full for us to get a seat and have a proper dinner with some legal docs interjected for fun.

I have to say, I love working from home. I can walk my dog in the middle of the day and I can work until midnight while watching a movie, if I want. I disliked the rigid structure of the office environment, so this freedom is great.

My feelings about being a sole practitioner largely mirror the above. There are a lot of tough moments that are anything but glamorous, but I don't think I'd trade the freedom or the lifestyle for anything. They can talk about 'work-life balance' on Bay Street, but nothing compares to being your own boss.

Visiting a Client at The Don Jail

2008-11-21T17:38:00.008-05:00

Jail is a sad, scary place, my friends. I haven't even had the pleasure of meeting the general population, and I can assuredly say that I will never jaywalk again.

I recently visited Toronto Jail (otherwise known as The Don) to interview a prospective client. This facility, in one form or another, has existed since before Confederation. Approaching from the outside at night, the building's high, flat walls loom over the street. From the spartan, utilitarian interior, to the prison guards that fit every stereotype, it's an intimidating place. It's also recognized as one of the most deplorable correctional facilities in the country. I'll leave the editorial on the horribly inadequate facilities used to house this country's increasing prison population for another post. For now, let me provide you with some basic information and advice.

Lawyers may visit between the hours of 1:30 to 4:00 p.m. and 6:30 to 8:00 p.m.
Save two exceptions, leave all of your personal items -- wallet, cell phone, briefcase -- in the car, as you won't be able to bring any of it in with you
The two exceptions are a piece of identification and a small number of papers
There are lockers in the main reception area for use by visitors
Security glass? Not at The Don. You sit in the same room as the inmate, with no surveillance and the door closed
Think safety and take the seat closest to the door

I'm sure these visits will soon become routine and even monotonous, but for now it's all an adventure.

Reader Questions: Fees and Clients

2008-11-11T15:33:00.005-05:00

In response to this post where I disclosed in great detail my year-to-date expenses, a reader asks,

Bo, do you mind me asking what you've collected in fees? How many clients do you have?

With respect to clients, I have a dozen. About half of them are legal aid. I'm also doing a bunch of agency work for another lawyer, which is keeping me busy. Of course, I'm by no means booked and I'm always looking for new clients. Feel free to refer.

With respect to fees collected, there are two reasons that I'm uncomfortable giving you all a number. First, I was raised to never ask how much a person makes. Second, the number would be misleading. See, I had no idea what to charge for my services when I first started out. So, I accepted several clients on exceptionally small retainers. Besides not knowing what rates were appropriate, I've always had trouble asking people for money Particularly people of modest means. Several of my private retainers have ended up bringing in the same as or less than my legal aid retainers. As a result, I haven't made close to as much as I should -- or could -- have.

Fortunately, I've managed to adjust my attitude. I've consulted with my contemporaries and been given insight into what other lawyers charge by my clients. My new retainers will be more in line with the rest of the bar and, eventually, I'll be able to have the water turned back on.

The Numbers Are In: The Cost of Starting a Criminal Practice

2008-11-09T21:38:00.006-05:00

Readers have been asking for some insight into how much it costs to open your own criminal practice. So, here's what you've all been waiting for -- a detailed chart [PDF] of all of my expenses year-to-date. The bottom line?

$10,048.36

That's how much of my own money I've invested over the course of seven months. When studying the chart, keep in mind that I work from home, which means I don't have the expense of renting office space. Office space in a law chambers in downtown Toronto costs anywhere between $500 and $1500 / month. I've rarely missed having an office outside of the home, but it is something I'll consider once my practice has significantly grown.

Reader Questions: Start-up Expenses

2008-10-20T15:36:00.003-04:00

A reader recently asked,

... what exactly were your total start-up costs and what are your month to month operational costs? Could you make a post about that?

I've been a bit of a bad boy and neglected my books. I'll try to bring everything up-to-date over the next several days, after which I'll post a complete account of my year-to-date expenses. Stay tuned.

The ABCs of Selling: Always Be Closing

2008-10-19T23:49:00.006-04:00

You may be surprised to learn that I have difficulty when it comes to sales. I just hate to think that I might be making a person feel uncomfortable. As a result, I'm sometimes timid when it comes to selling myself and my services. This is a problem because sales is an essential aspect of running a law practice. Advertising pulls people to my website, and my website is doing a good job of driving people to pick up the phone and call me. It's then up to me to convert those calls into retainers.

Unfortunately, I'm sure I've lost more than one retainer after failing to close the deal on first contact. For example, sometimes an accused calls with a court date several months in the future. For me, a small guilt accompanies a request for a retainer in advance. How can I ask for money when I won't be doing any work for weeks? The problem with failing to push for an early retainer is that, in the interim, there is plenty of opportunity for an accused to find another lawyer or decide to represent themselves.

I discussed this problem last week with an old school friend. She reminded me how important it is to be aggressive. Her advice led me to reminisce about my foray into comissioned sales as an employee of a ubiqutous national electronics retailer, with which you're undoubtedly familiar. Yes, that's right, I was one of those lurking behind you, tailing you from the printer aisle to peripherals, trying to upsell you and, worst of all, attempting to push the extended warranty. The job included a month of in-class sales training. Their sales phiosophy could be reduced to three words: Always Be Closing.

The ABCs of selling include several techniques essential for success as a sole practitioner, which I discuss below.

1. Know Your Product

The 'product' in this case is an understanding of substantive law and legal procedure. When you have a ready answer to a client's legal question, you come accross as more confident and help build trust. You also minimize the possibility of losing the retainer while the accused waits for you to call him back with an answer to his question. While you're leafing through the criminal code, an impatient accused might just call up someone else, who could go on to impress him by knowing the answers cold.

2. Make Yourself Indispensable

I've had a few people call me up with a pending court date and ask whether or not they should have a lawyer come along. I've had the same question where accused were contemplating whether or not to turn themselves in to police. My initial reaction is borne of a desire to save these people money. If I think they can handle the situation on their own, I advise them to do so. But the reality is that these accused would almost certainly be better off with a lawyer in tow. The justice system is intimidating and complex. My presence may not be required, but it can certainly help the accused feel better. That, in and of itself, is a service. So, instead of sending an accused off on his own, let him know that you're available, advise him on the cost, and then let him make his own decision.

Taking an early retainer has other advantages. It can offer the client comfort in the face of uncertainty to know that he can turn to you in the interim with questions, or if the situation changes, or if he's arrested on other charges. If he pays your retainer right away, he can rest easy in the knowledge that you are able to come to his aid and represent him as the circumstances require.

3. Instill Confidence

A friend of mine contrasts corporate litigators with criminal lawyers by describing the former as risk-averse and the latter as a bunch of cowboys. With respect to sales, it's good to be less corporate litigator and more cowboy. When I used to work in insurance defence, I was paid to be risk-averse. Corporate clients simply don't like to take risks. Criminal accused, on the other hand, will sometimes risk it all, especially when they have nothing to lose. It’s important to let a potential client know you're going to fight for them. You'll help them through it. You'll take care of things. You have to use strong language. Don't equivocate. There are two words you should never speak: "I'll try".

I plan to apply this advice to my own practice. Hopefully, this will allow me to turn a greater percentage of leads into retainers and increase my revenue. Do you have ideas for doing the same? Share them with other readers in the comments.

Expired Legal Aid Certificates

2008-10-08T22:38:00.002-04:00

Some clients aren't the most organized individuals. So, what to do when one presents you with an expired legal aid certificate? The client doesn't necessarily need to reapply. If less than three months have passed since the certificate expired, counsel can simply contact legal aid and ask for the certificate to be reinstated.

When the Party in Your Mouth Gets Out of Hand

2008-10-06T11:03:00.008-04:00

I was supposed to meet a client. I texted him in the morning to confirm the meeting:

Can you still meet with me tonight?

He responded a short time later:

No. I had an emergency in my mouth.

Now that's what I call an excuse.