Field notes for the Suddenly Solo

Newcomers to the world of solo practice are confronted with a myriad of issues from developing business and maintaining profitability to building a brand, all at once. Here are tips from three veterans on becoming 'suddenly solo.'

By Bev Cline

David Westwood remembers what it was like to be “suddenly solo.” In 1993, he was a corporate counsel at a major mid-size real estate company in Toronto. During a recession, he and 80 fellow employees were downsized.

Not only “were we were shown the door five weeks before Christmas, it was without severance pay,” he recalls. You can still hear the anger in his voice.

Westwood – who today runs a thriving sole practice as David V. Westwood (Commercial Lease Law) Professional Corporation – always had an entrepreneurial edge.

He was the kind of kid who subcontracted out his paper route when he was bused in grade 6 to the other side of Burlington, Ont., to attend an enrichment class. During full-time studies at university, he ran the campus pool hall with a staff of 15, worked part time as a bartender and imported Corvettes from California at the same time.

So when Westwood, who had three young children at the time, began to see the writing on the wall at the real estate company, he started dabbling in freelance commercial lease work.

While working from home is often the first option explored by suddenly solos, it was not an alternative for his practice says Westwood, who feels that sometimes there can be a stigma among clients in not having a “proper” office.

Westwood had a good rapport with one of the senior executives at a financing arm of his former company. As a result, Westwood negotiated a “really good deal on a one-room office space” on a monthly tenancy near Toronto’s upscale Bay and Bloor Streets. Since then Westwood has never looked back.

Street smarts

On the flip side of the coin, Peter Festeryga chose to be a solo lawyer. He practised for 22 years in large and mid-size firms in southwestern Ontario. In 2008, Festeryga and his wife Audrey, also a lawyer, opened Festeryga Partners in Leamington, Ont.

“I should have done this years ago,” says Festeryga, noting that since the couple opened shop, the firm has grown to five staff members and a junior lawyer. He emphasizes that he was not disenchanted with former partners and laws firms – “I have the greatest respect for them” – but he wanted to recapture a feeling of running his own show.

Asked about suddenly solos, Festeryga is also a realist. His practice is primarily concentrated in insurance defence litigation, so he is not dependent on local companies for general legal work.

Yet he is firmly convinced that suddenly solos should consider giving small town lawyering a try. It is, he says, “a congenial way to practise law — our practice is located in an old house on the main street just like in the movies, with a big porch — and offers great opportunities.”

Most challenging aspect

One of the most difficult aspects of the suddenly solo practice is billing clients, says Dan Pinnington, Director, practicePRO, Lawyers’ Professional Indemnity Company (LAWPRO).

“Most lawyers anticipate practising law, they don’t anticipate running a business,” says Pinnington. “For the suddenly solo, this can present real problems: frankly, many lawyers are not business people. Lawyers aren’t trained to run a business, and suddenly, here they are running one,” he says.

“Have a plan, a budget, monitor your expenses and ensure that you get serious about getting retainers,” says Pinnington. And make those retainers realistic for the anticipated work, he adds.

In fact, every person interviewed for this article stressed that one of the key issues with starting out solo is “underestimating the value of your work.”

“Asking for money is one of the hardest things to learn,” says Westwood. “Make sure you have a retainer letter, ask for money up front and always bill monthly. Don’t wait until the file is completed,” he says.

At one time, solo lawyers spent hours on administrative tasks. Technology has made billing simple and efficient, points out Westwood. “I can spend four hours and send out about 40 invoices with a detailed docket,” he says.

Watch your expenses

“As a one-man operation, I lease an office in a specialty environmental law firm that practises in downtown Toronto,” says Westwood of his current office space.

He does not have secretarial help. “I can type 60 words a minute – the best course I ever took in high school was typing in grade nine.” But he stresses that every document you produce has to be presentable and professional.

By working as a true solo, it’s Westwood and his computer; “While lawyers often have a 40-60% ratio of expenses to income, I’m probably at about 20% expenses.”

Find a niche

Suddenly solos, especially former associates who anticipated working for a law firm, generally don’t have the practice years behind them to have developed a niche practice.

In the competitive world of law — let alone the increasingly competitive world of the sole legal practitioner — the viability of being a generalist varies widely.

But concentrating on what you know, or enjoy the most, can pay dividends.

The practice of law is so sophisticated that it can be difficult to be a generalist, says Westwood. With a specialty, you can command a higher dollar and also limit your potential liability.

Initially, a suddenly solo who has recently set up shop may need, or be willing, to take on all types of work that come through the door, says Pinnington.

With a niche, “you will likely be more efficient and effective; but there’s also a risk management perspective to consider,” he says. “You’re much less likely to make a mistake if you practise in a sector in which you are very familiar.”

Ironically, suddenly solos who choose to locate in small towns, either for the lifestyle, or simply because they are returning to their roots, may find their ability to practise certain types of law fairly curtailed.

“I don’t think really that it’s an urban/rural divide [when it comes to deciding where to locate your practice]; it’s really a matter of one’s real interests and talents,” says Mike McArthur, a partner with Cline, Backus, Nightingale & McArthur LLP in Simcoe, Ont.

“You’re not going to want to come to Simcoe to practise immigration law,” says McArthur, who practises criminal law. “On the other hand, outside of the Greater Toronto Area, areas such as corporate law and real estate law are known to be under serviced.”

As to expenses, “at most of the courts I attend, the parking is free,” says McArthur. “In Toronto, it can cost $600 a month; that’s a lot of files for someone starting out in a sole practice from square one.”

In addition, juggling parking lots in urban centres is also a lifestyle choice,” says McArthur. “You really have to assess what your relationship is like with money, your lifestyle, with your clients and the people you work with.”

Still, being a generalist in a small town may be viable, says Festeryga. The number of lawyers in small towns due to retire in the near future is growing. While this is acknowledged across the legal profession, and programmes are being put in place to entice lawyers to open up offices in small towns, says Festeryga, “lawyers in towns around here are not being replaced.”

“In Ontario, the vast majority of legal work in the province — wills, real estate, small criminal work, property issues such as fence line or ditch issues — is generalist day in and day out work,” he says.

And there are prosperous communities with successful businesspeople who need legal assistance, he points out. As an example, “Leamington has a large greenhouse business, there are many successful businesspeople here. Not only are there the ongoing business issues for which they need legal assistance, there are also retirement and succession concerns,” he says.

Market your brand

Westwood is a tri-athlete. He utilizes his athletic endeavours as part of his marketing. He sends out articles about the sport, and his travels to foreign countries as a tri-athlete, as a reason to correspond. It’s a less in your face marketing tool than other techniques, sort of a soft sell, but it keeps his name top of mind.

He also uses humour to market; he sends out yearly Christmas cards that feature “lawyer jokes” and give recipients a chuckle. “I’ve had a colleague ask for a set of cards after she had seen them in another office. The cards can also be used as a birthday salutation, a thank you note or an invitation, all subtle means of keeping in front of clients and colleagues,” he says.

He also advises suddenly solos to get in front of an audience if possible. “Don’t simply attend seminars, try to speak at the seminars,” says Westwood. “Speaking gives you automatic credibility. Now you are a seminar leader and that goes on your CV.”

Solos can get very busy, and then it’s difficult to find time for business development, says Pinnington. His advice: try to market, even for a few minutes, every day.

In small towns, you need to get involved in the local rotary and other community endeavours, Festeryga advises. But “understand that the role of the lawyer may be viewed somewhat differently than in larger centres,” he says. “Maintain a lawyerly profile; in small towns, lawyers, doctors, engineers are often viewed with more dignity than in urban centres,” he says.

And, “unlike when you practised in a law firm in an urban centre, you are likely to see clients and potential clients everyday … while you are getting gas or out at a restaurant. So don’t yell out the window when another driver cuts you off,” he says, quite honestly. “You could be yelling at your next client.”

Re-evaluate your life

For a suddenly solo, this is a good time to re-evaluate those living aspects of what you do. And that means having work/life balance, says Westwood, remembering his early days as a suddenly solo lawyer. “You can’t work seven days a week and be effective or enjoy your life; you need to have an outlet, whether it is oil painting, playing the piano, or a sport.”

In fact, says Westwood, in reference to the picture-perfect summertime Friday afternoon during which the telephone interview was conducted, “as soon as I get off the phone with you, I’m going for a two-hour run.”

Bev Cline is a freelance writer.