OTLA Trial Lawyer Winter 2021

15 Trial Lawyer • Winter 2021 By Ben Cox OTLA Guardian I took the plunge on Sept. 1, 2011. After agonizing and planning for months, that was the day I handed my resignation letter to the attorney who had given me my first associate job. I in- formed him I would be starting my own solo personal injury practice. I still recall that on the day I resolved to break the news, my employer was delayed several times and did not arrive at the office until almost 5:00 p.m., leaving me a full day to nervously watch the hours tick by. In the end, the news was broken and graciously received. The split played out over the next couple months, as clients selected whether they would stay with the firm or proceed with me. It was oc- casionally awkward and unpleasant, but it was ultimately amicable. Ben Cox Ever since that time, I have regularly served as a sounding board for attorneys contemplating making the same leap. I share my complicated feelings about leaving and the mistakes I made in my own transition, but I also tell them about the benefits and rewards of my choice, which ranks among the best life decisions I ever made. Whether to jump In general, compared to an associate, a solo attorney will have more freedom and career satisfaction, and will ulti- mately make more money. However, the solo will also probably have less direct mentoring, more personal risk and be constantly responsible (above and be- yond his or her work for clients) for running a business and generating new cases. Any plan to go solo must address these tradeoffs, e.g. “Do I want to run a business as well as represent clients? Where will I get mentorship? How will I generate cases? How will I keep the lights on and cover case expenses until my practice generates reliable and suffi- cient income?” It is also important to consider your long-term goals. Is being a solo the career you want, or is your goal to eventually partner with others? It is perfectly okay to consider being a solo as a temporary career stop on your way to a partnership. Being solo for a few years gives you time to find and work with potential future partners. You’ll also have time to build your own value and reputation, so you can begin a partnership on the most fa- vorable terms. For me, the life of a solo lawyer fit my personality far better than I grasped at the time I made the decision to become one. Being my own boss and particu- larly choosing what clients I will (and will not) work with are extremely impor- tant to me. I do not mind doing extra work if it is in service of my own busi- ness. Perhaps most importantly, I cherish the simple freedom to do my work when I want to, without caring one bit what an employer or partner might think about my choices. It still surprises me how much I value being accountable only to myself on a daily basis. Becoming a solo is not without trad- eoffs. It can be difficult to remain disci- plined when you do not have daily ac- countability to an employer or partner. It can be lonely to not have a team around you to talk shop, celebrate wins or mourn defeats. It can be boring toiling year-in and year-out on similar cases. It can be frightening to not know when the phone will ring with the next case, or when the next check will arrive to cover the rent. Only you can decide if solo practice is a good fit, but the overall point to What to Look for Before YouLeap FromAssociate to Solo Practice See Look Before You Leap p 16