OTLA Trial Lawyer Winter 2021

17 Trial Lawyer • Winter 2021 aggressive opponent, it may be well worth your money to avoid personal contact and lower the temperature, so all concerned may move on without un- necessary rancor. On that same point, try to always take the high road and avoid unseemly, drawn-out squabbles about fees. It is good for your reputation to depart as graciously as possible, and good for your mental health to devote your energies at this time to building your new firm instead of fighting your old one. At all times while making your plans, talk to other lawyers (whose discretion you can count on) who have exited similar positions. Ask about what they failed to anticipate or wish they had done differently. For example, one embarrass- ing error I made in my resignation letter was to assert that some of my current matters were “too risky or expensive” for me to take on solo, so those clients should stay with the firm without being given the choice to leave with me. My employer correctly informed me that is not the way it works. You may withdraw from a matter where that is ethically al- lowed, but all affected clients must be informed of the departure and given their choice. (He didn’t say it this way, but a shorter summary might have been, “Nice try kid, but you can’t just stick the other guy with the dogs.”) Matching previous benefits As noted above, the main benefits of being an associate are daily mentorship and guidance, steady income and a lack of personal financial risk, and general insulation from the business side of op- erating a practice — most urgently for a new solo, that means case generation. There is no faster way to become a better attorney than daily access to qual- ity mentoring, and that is often the most immediate casualty of going solo. You might address the deficiency in a number of ways. First, you can foster other men- toring relationships. Call experienced lawyers to discuss questions they have expertise in, or go get coffee or lunch. Once you develop a rapport, you might ask if they have any interest in co-coun- seling or more formal mentoring ( e.g. lunch every other month near their office to discuss case questions). Second, you can take full advantage of your OTLA membership and lean on our excellent list servs, CLEs and events. Third, you can form peer groups of other lawyers facing similar challenges. One of the most rewarding parts of my career has been a simple Google group of other lawyers who regularly bounce ideas off each other. Finally, a great way to achieve an informal peer group is to locate your physical office in a space shared by other lawyers who you can interact with every day. It’s important to avoid undue risk. See Kelly Andersen’s article on page 55 of this issue, “10Warning Signs of the Client You Don’t Want.” Also, it’s important to spread risk in a contingent fee-based practice. First, be sure your malpractice coverage limits are adequate. Second, decide on a policy for advancing client costs. Third, associate co-counsel where costs and/or risks are likely to be high. Two very common fail- ings of newer plaintiff lawyers (and I know because I shared them) are under- estimating what it costs to try a case well, and underestimating the value that ex- perienced co-counsel can immediately bring to a case in terms of expertise, re- sources and credibility. See Look Before You Leap p 18