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Hanging up shingle out of law school
Hey friends,
I was wondering if anyone either has experience or knows anyone who has founded their own firm right out of law school? I would go to TLS but I'm not really interested in hearing the backlash of all the biglaw-obsessed elitists that one finds there.
I have always had a love for criminal law that runs deep. I know that a popular starting point in criminal defense is with the local Defender Association or in the local DA's office. Politics are not exactly my thing as I'm very blunt and I will say what needs to be said. In addition, I want the opportunity to say 'no'. On the other hand, I don't want to have to control my zeal in the courtroom while defending my client because the witness whom I'm impeaching has a sister who's high up in the DA's office and I'll get fired if she doesn't like my brazen nature.
I understand I might not be eating too much for the first year or two but, well, this feels right to me. I understand there will be a while where I'm really just learning how to do the job at a high level and people may be more reluctant to want my representation being fresh out of law school until I have a reputation.
Comments
It's possible but very difficult. There's several challenges that one would need to overcome. First being that you'll have next to no experience. Law school teaches you to "think like a lawyer" but it doesn't teach you much in the way of actually practicing law. Second is whether or not you can run a successful business. Then of course are the ethics of the entire idea. Is it really ethical for you to be practicing law, particularly criminal, when someone's freedom is at stake when you have no experience? It's certainly something to consider. After all, if this was a viable path you'd see it much more often.
Here's a cool article I found about it: https://www.americanbar.org/publications/gp_solo/2014/january-february/from_graduate_solo_hit_ground_running.html
I don't know of anyone personally who has founded their own criminal defense firm right out of school, but I can make a suggestion for a good place to start. I've interned with both the state and federal public defender, and both offer great opportunities for young litigators to get some hands on client exposure and trial experience, though the federal jobs are tough to come by and require experience. It might be worth it to look into your county or state public defender's office. There's a high rate of turnover in those offices partially because the work is dense and partially because people use it as a stepping stone to open up their own practices or move into a firm after gaining some true hands-on experience. Maybe start looking there?
I am a close relative of a new lawyer (<3 yrs. experience) in FL, and I have to say that it is technically possible, but a very, very huge risk. Actually networking and starting with another person or a small group would be IMHO, a more 'comfortable' transition, but still, very risky.
Most new lawyers who jump the gun and start their own firms usually practice door law, because really, you wouldn't exactly have much of a reputation to snag clients. One friend of ours was a solo practitioner who worked out of his family's accounting firm as a criminal lawyer, fresh out of law school, but he also had to work a 9-5 job, while operating his firm as a side business for obvious monetary reasons. It is possible, but incredibly tough.
First of all, on a technical aspect, there are overhead costs that
depending on where you live, office spaces are pricey and if you are in a major city, virtual office spaces would go, may present a better option. Then there are filing fees with courts, for which you would have to come up with the money with. Computer software is very, very, very expensive (once you graduate, your access to legal research expires as well), as are things like hiring experts. Many successful, senior, lawyers stick with firms so that they have someone else to cover their overhead.
On a more intricate, and important level, you emerge from law school with the ability to think 'law' but not actually practice it. You need to be reared for the field, and probably could benefit from being coached by many senior attorneys before you can come into your own. While you may emerge law school very confident, and you may be very intelligent, there isn't much room for you to know precisely what to do, or to figure out how to be a lawyer on your own. Then comes the risk of your license if you make a mistake, and/or your conscience.
With internships, working as a legal assistant, paralegal, or law clerk while in law school, you would be able to maximize your immersion into criminal law to better acquaint you with senior lawyers in the field, who can train you, but still this is generally not enough for you to go solo right out of school. Taking a few years to work for a firm as a junior attorney or a federal job is a risk you may have to take in order for you to learn and make your inevitable mistakes, so that you can be a more successful attorney, with a strong reputation, and a respectable solo firm down the line. Better long-term results are obviously preferred when foreseeable risks are avoidable.
I don't want to put your aspirations down, but I do want you to realize the reality of it is pretty bleak, and independent of the monetary costs, in terms of likelihood of personal success, of winning cases, bringing clients, and overall being a good and ethical lawyer, there is a huge amount of risk. It is possible though, but you'd have to decide whether it were a wise decision, when the time comes.
I agree with everything that you've all said. There are some serious risks involved, it's undeniable. Another fear I have is that working for someone else I won't get the opportunity to get the kinds of cases that will give me a strong reputation, and well, that can't happen. I view that as a huge risk also.
@"Alex Divine" brought up an interesting point as to whether it would be ethical, given that I'd have no experience. I see your point. However, at some point I will have my first case, solo or at a firm. You're saying that basically the supervision of senior attorneys/partners would make it ethical? I can understand that.
Mistakes are 100% inevitable. Luckily, I have a few years to figure it out. A family friend is actually a very prominent, well known crim defense lawyer in NYC. I will be working with him during at least my 1L summer. But, he frequently appears on MSNBC and stuff as 'legal expert' and he is involved in many other businesses...so it's like a circus there. I'm not sure how much I'll actually learn there about practicing criminal law. He actually founded his firm shortly after working with the DA and had to hang coats at night during the early days.
You always have to bet on yourself but there's fearless and then there's reckless...
I'm not necessarily saying the supervision is what is makes it ethical, but you also don't handle cases start to finish and solo at that until you're ready at a firm. That means you've been properly trained and done each part many times. If it's a complex case, you may not ever just handle it alone. The ethical question is if you're not ready to handle a case, is it right to learn as you go? Generally it's not, and then there's always questions of malpractice and the like. Mistakes may be inevitable, but if you knowingly take cases you don't know how to handle then you aren't really making a mistake....
Seems like you have a pretty awesome opportunity to learn from a good crim attorney! That's pretty awesome and I'm sure working with him will be a big help.
Yeah, I agree. It can be kind of messed up to 'learn as you go' in crim law given what's on the line. I'm also not sure about exactly which type of crim law I want to be. I mean, a good LSAT score could easily have me at a V100 doing white collar...wouldn't be mad at that money.
At the end of the day, I'm very glib. I know what my strengths are. From experience, the more I have to articulate and the more I can get in front of people, the better I do. I excel at strategizing and poking holes in arguments. I can make an argument myself, but I'm much better at tearing down the arguments of others. Sounds weird, I don't know if this is common. Both of those lend very well to crim law.
I mean, either way, it's about that money.
I'm not following how the LSAT score is going to mean you'll be at a V100? Perhaps if you assume you'll end up at a top school like HYS, then I don't see why not.
Everyone loves someone who is glib, haha. At least you know your strengths. If it's all about the money then just work at a large firm? Hard to beat those paychecks! Then again, one objection could certainly be lack of experience offered at large firms.
To the OP. You want the truth? There is risk in everything you do. There is risk in following your dreams, and risk in not following them. There is risk in bold action, and risk in playing it safe.
Your path should be influenced by your passions, not by what random people tell you. If you're going to risk failure (a must, if you ever want to feel accomplished), then you might as well risk it all on what you love. And if what you love is becoming a solo, then succeed with passion or fail with passion. Jerry Lee Lewis said (and I paraphrase) "If I'm going to hell, then I'm going playing the piano." The sense I get from you is that this is about more than money. If that's true, then you're already ahead of the game.
You're smart enough to see through the BS on TLS, so I bet you're smart enough to pull off whatever you choose. Give 'em hell.