As law societies grapple with a crisis that could change articling forever, students are still looking for their own ways to clear the final hurdle to a career in law. Staff writer Michael McKiernan asked articling students past and present for their advice on setting up articles away from the mainstream and at smaller firms.

Lawyers, particularly those new to the practice, often wonder whether they should be charging an initial consultation fee. The dilemma is obvious: lawyers want to get new clients in the door but, at the same time, also want to be paid for their services.

While most of us now use computers to generate our documents, not everyone uses document management software or has a system in place for organizing the files on their computers. For those who do not, much time (lawyer and staff) is often wasted searching for data and files that are sitting on the very computer or network we are using. The primary purpose of a file management system is to ensure you can quickly find what you are looking for when you need it, whether it be a case on point, a letter, a pleading, or a document painstakingly prepared on another file but required now on a new matter.

Illustration: Kim Rosen

Lawyers who work in big firms receive a lot of administrative support. There are entire departments devoted to handling the very basics of conducting business: hiring and firing, billing, collections, paying rent, ordering supplies, not to mention courier and catering services. With all of the basics covered, each lawyer is free to do what is expected of him or her: bring in clients and earn money. The problem with this big-firm model is that when lawyers want to practise on their own or within a small firm or company, they quickly discover their knowledge of how to run a business is as limited as their experience in ordering paperclips — that is, very little.

One of the biggest challenges I have had to face as the proprietor of a small firm is how best to minimize the firm’s account receivables. I am not alone in this challenge. For many, the firm’s receivables add up to thousands of dollars. Often, if appropriate steps haven’t been taken to secure payment, they end up going unpaid. While avoiding receivables altogether may not be possible, there are steps that can be taken to limit them.

Succession planning is a topic rarely discussed by many of us in small practices. In fact, many lawyers don’t even think about an exit strategy until they have made the decision to leave the practice. By that time, while the lawyer may be keen to leave the practice, the many ethical and practical responsibilities associated with closing or transferring it make the departure particularly burdensome and can significantly delay the member’s desire to move on.

Canadian Lawyer’s latest top firm survey takes us to Quebec, where regional, full-service firms have established a confident foothold.

One of those firms is BCF LLP, and its managing partner, Mario Charpentier, says any regional firm in Quebec hoping to survive must keep a close eye on its clients’ interests. He believes strong rapport with entrepreneurs and CEOs of mid-market companies is the key to his firm’s survival in the face of heavy competition from large firms. “We can attract those clients, and we win our battles on this ground,” he says.

 

It wasn’t long ago that a wave of mergers formed a cluster of large, national law firms and prompted legal industry pundits to declare the death of the regional firm. There is no way they can stand up to the boundless resources of big law, the experts cried. Fast-forward a decade or so, and it’s safe to declare that doomsday scenario, shall we say, a tad premature. “As Mark Twain said, rumours of our demise are greatly exaggerated,” says Edmonton-based Field LLP managing partner James Casey.

 

Sole practice lawyers and those from smaller offices may be feeling the pinch of the slowing economy, with many of the average fees they charge down from a year ago, according to Canadian Lawyer’s 2009 legal fees survey.

 

It may fly in the face of conventional wisdom, but for James Scott there is no better time to launch a solo property law practice than in the depth of a recession and real estate slump.