There is no prescribed method of practicing law. Attorneys can do so in large regional, national, and international firms. They can also do so as part of governmental bodies, as corporate counsel, or in small-to-midsized firms. That being said, statistics show that a significant percentage of lawyers operate (like I do) as solo practitioners in private practice. There are many obvious benefits of associating with other attorneys, whether in governmental, private, or corporate practice. So, why do many lawyers choose to go it alone?
While that answer is ultimately unique to the individual, there are many reasons for choosing solo practice. I have heard countless stories about now-successful practitioners who started out small because of necessity. They were typically trying to practice in competitive markets without established opportunities. Although necessity sometimes makes the choice for you, there are many other reasons for choosing to practice solo (spoiler alert: there are also challenges that should be considered).
For many, the paramount reason is the autonomy that solo practice affords. Have you ever wanted to be your own boss? Well, here’s your chance. The autonomy permitted by solo practice allows attorneys to become more entrepreneurial. You get to exclusively decide the direction of your practice and (generally) the kind of clients that you want to represent. To a certain extent, you also control the amount and type of work that you perform. If successful, you will be busy, and late-night/weekend work will not go away. But doing the work is more satisfying because the fruits of the labor solely belong to you, and you made the decision to accept the work (which is far more satisfying than someone making that weekend-altering decision for you).
Autonomy and other reasons for going solo also have additional benefits that should not be overlooked. Solo practice typically means lower overhead. With the advent of virtual offices and subscription-based services, a solo practitioner can operate with relatively low overhead and enjoy greater profit margins. For many attorneys, solo practice also means that they are rarely conflicted out of legal work. Coupled with autonomy, the lower overhead and more potential work allow solos to bill fewer hours if they choose to do so. In turn, they can dedicate those hours to their family, their hobbies, or other activities. When I first went it alone, I would dread the slower periods and, at times, wonder when my phone would ring again. As my practice grew, I learned to be grateful for periods of less work and utilize the free time to try to maintain a healthy work/life balance.
Like anything in life, however, solo practice can also present challenges that must be considered. I almost chose the word “freedom” before settling on the word “autonomy” when discussing the reasons for going solo above. But I changed my mind because solo work has its own demands that can be restrictive. As solos, attorneys must manage the business side of their practice and perform many non-legal-related tasks that are not economically feasible to delegate. In doing so, solos frequently wear many hats, including managing the financial, risk-management, information-technology, and administrative activities necessary to practice law. Operating as both management and labor, solos cannot focus as freely on legal work. And solos cannot lean on co-workers to pick up the slack when their professional and personal lives create obstacles to performing that work.
Additionally, a solo practitioner’s income tends to fluctuate and can create some uncertainty regarding spending and planning, which can be especially acute when solos are still establishing their practices. Lastly, solo practitioners lack the readily available social interaction (or watercooler talk) that other forms of practice can provide. This can be isolating for solo practitioners.
If you choose solo practice, however, you are not truly alone. The State Bar of Texas offers materials to help you get started, including technology resources and coaching through the Texas Opportunity and Justice Incubator. And both the State Bar and the Austin Bar Association have solo/small firm sections whose members are willing to help guide you or simply answer questions about the best practice management software.
I’d like to leave you with a few takeaways regarding solo practice from my own experience. If possible, I would advise working with others to start your career. I still utilize knowledge that I gleaned while working for, and with, excellent attorneys. Soak it in and use that knowledge when going it alone.
I would also advise you to become more active in the legal community through Bar service and through affinity groups. Doing so can solve the potential isolation problem and provide other benefits such as mentorship opportunities and business referrals. Also, don’t let your initial book of business discourage you. While not insignificant, I didn’t feel confident that my billing would sustain me when I first ventured out. But going it alone allowed more time to market and develop new referral sources, so my billing grew.
Feel free to reach out to me if you have any questions about solo practice. Many have assisted me, and I don’t mind paying it forward.