A few weeks ago I interrupted a rather heated exchange on one of my favorite blogs, The Lawyerist, with a lengthy comment that was graciously received by both author and publisher.  The original article (you can read it here, comments and all) was one in a series both cataloguing and crowd-sourcing the challenges faced by two young lawyers starting their own firm.  Several readers questioned the wisdom of sponsoring a round robin of potentially inaccurate and dangerous advice.  There followed a bit of a row, which got uglier with every counterclaim, ultimately provoking me to attempt an intervention.  It bears repeating — if not for my vast readership then for the one or two young professionals I hope will take its message to heart.

One of the participants in the exchange in question, Scott Greenfield, is a member of a brotherhood of self-identified “curmudgeons”, “haters” and “meanies” who make a habit of patrolling the blogosphere and twitter for self-promoters (including “social media gurus”), their more substantive goal being to alert consumers to those lawyers whose internet advice and commentary is reckless or unethical.

Background: The Curmudgeons

When I first spotted these guys crawling all over Adrian Dayton sometime in 2009, I thought them merely mean spirited. ( ‘So if you don’t like what he writes don’t read it‘, right?)  I was then discovering a fascinating world of gutsy, articulate, ambitious law students and lawyers, a good number of whom appreciated the advice, connections, support and promotion I so enjoyed offering–newly sprung from 30 years of large firm practice.  At first I thought the watchdogs should back off—a maternal, and therefore not especially helpful, response.

But now it’s 2012, I have sobered up a bit, and I now think these so-called haters serve an important purpose in the blogosphere:  as “scouts”, if you will, in the lawyer’s version of the wild west– a place where solo and virtual law practices are multiplying at a rapid pace (exhilarating to some, ominous to others), often at grave risk to their intended clients, and to our profession.  I am concerned by the growing crowd of tweeters and bloggers who celebrate the efficiencies, glory and freedom of solo legal practice, often with insufficient attention to the crucial role of training and prior experience (and, equally often, with minimal experience of their own–as lawyers, much less sole practitioners).

My concern: The internet is especially hospitable to the instant-solo call to arms, but the appeal and utility of a “shingle” varies dramatically as a function of its owner’s qualifications, none of which can be willed into existence by courage and optimism alone.  

The Wartime Consigliere

It strikes me that, since Scott and his colleagues cannot watchdog the entire online profession, their scorched earth approach may be strategically justified.  In these increasingly “desperate times”, a lot of bad publicity may be better than too little notice.  Measured, gracious advice would be vastly preferable, but the most recent, embattled generation of graduates sets a brisk pace, and includes a few too many impatient souls who use the internet’s bully pulpit to offer inaccurate or misleading legal advice, cloaked solely by a disclaimer.

The “curmudgeons” are under-staffed, and working for free, so they cast a wide net. Do I wish they could do so without condescension, without hurting people’s feelings, without discouraging those in great need of encouragement?  Of course.  But I am not unhappy they are out there.

Some Advice

The author of the piece in The Lawyerist, like his law school contemporaries, made the leap from the relatively benign world of academia into a rotten economy and contracting job market,  burdened, quite likely, by crushing debt and with few of the practical skills necessary to practice law without the (albeit limited) supervision otherwise available at a firm or in an in-house or government position.   I have enormous sympathy for him, and no quarrel with a blog tracing his efforts to learn about the business of law; but in explaining the true curmudgeon end-game I did suggest he gain as much information and advice as possible “in real life” before offering it to his readers.

So to all you would-be virtual and solo lawyers, here are a few suggestions I hope you’ll consider as you map out the first two or three years after you graduate from law school.

1.  Get some experience on the ground first.  Going solo just off the bar exam is not a good idea at all, truly.  Think hard before you offer advice–formally or informally– affecting the livelihood, possessions, families or liberties of another human being.  And if you can put food on your table from another source while you learn how to practice law, do it.

2.  Network intensively, both in person and online.  The people we meet “live” are the ones more likely to be reliable sources of counsel, now and in the future, and the internet can never take the place of a robust in-person professional network.  Nonetheless, social media is an essential, and versatile, tool; and your online friends and mentors can develop into critically important relationships. (A number of the law students and young lawyers I have met on Twitter, such as @t10nbaum, @bradestes88 and @amy2Lsanders, have sourced speaking engagements, guest blog spots, useful connections, leadership opportunities and paid legal research work through their strategic, persistent use of social media.)

3.  Identify mentors through your city or county bar association and your law school alumni network.   Build those relationships with purpose and enthusiasm, all the more urgently if you are practicing on your own.  Don’t leave it to your mentors to initiate contact.  Be proactive: Contact them regularly, ask their advice, solicit their support and, most of all, learn from them. If this means taking on piece meal work for minimal compensation, do it.

4.  Search out skills-building resources that are a walk or a bus or subway ride away, and use them:

*Bar association and CLE training and networking opportunities,
*Alumni networks, informational interviews, family friends and referrals,
*The community and other organizations of which you are a part, and
*The pro bono and contract legal work you do to gain experience and skills.

5.  Consult the websites and blogs designed to serve young practitioners.  Your state likely has a range of services for newly licensed lawyers, especially those starting their own firms. Those practicing in Red Sox country can rely on the  Law Office Management Assistance Program, which offers a wealth of excellent advice, in person and online (you can follow
@MassLOMAP, @jaredcorreia and @rodneydowell to benefit as well).

6.  Always remember that your first priority must be to learn your craft.  To do that you must read, study, listen and reflect; and you must observe and learn from experienced lawyers, up front and personal.  The online community can and should be a source of support as you do so, but choose your teachers with great care, and do not limit yourself to the ether so very early in your career.  (Among those who offer sound, ethical advice on solo practice are Carolyn Elefant and Steph Kimbro.) 

Take a Breath.  Make the Smart, and Responsible, Play.

The internet can be a confusing place, where innovation and guts are sometimes valued more than talent, ability and experience, and where branding can so easily trump the truth. 

If you “hang out your shingle” after you pass the bar, without job experience and the supervision of a seasoned practitioner, remember that you owe it to the consumers of your legal services, even those who didn’t click “Accept” in your “Terms and Conditions”, to spare them your advice and counsel until you are certain it is sound.

And finally, a word to the consumer of legal services:

Of course you do not need to entrust every legal matter to an expensive law firm or a lawyer with many years of experience.  And of course some matters can be properly addressed by more recently licensed practitioners.  This presupposes, however, that these rookies have invested the time and effort to learn the current applicable law, to develop the necessary skills (legal, business and otherwise) and to recognize (and admit) when they are in over their heads.