OTLA Trial Lawyer Winter 2021

18 Trial Lawyer • Winter 2021 The problem of steady income (par- ticularly for contingent fee practices) is one that is really only solved with time, case inventory, good business acumen and responsible planning. It is very gen- erally thought to take about two years for a diligent solo to build up an inventory of cases that reliably produce a sufficient flow of income. That very general state- ment is subject to all kinds of caveats. Are the cases actually good? Are the in- come expectations reasonable? Even with the best planning, un- likely events happen all the time. Good cases may turn bad or be lost. Clients may lose heart and settle for scrap value. Verdicts may be appealed. Global pan- demics may upend the economy. Besides building up a sufficient case inventory and reserve of cash over time, the only other common options for steady income involve borrowing, e.g. lines of credit. Two other good ideas for newer contin- gent fee practitioners are a) develop a practice area that provides hourly work, and b) study all you can about success- fully recovering attorneyfees in contin- gent fee litigation, as this provides the possibility of multiple (and/or higher) fee recoveries. Examples include ORS 20.080 and 20.082 cases, as well as PIP denial cases for motor vehicle prac- titioners. Case generation As a solo practitioner, you will spend a great deal of time considering case generation. First, strategize. Who are your typical clients? What are the best ways to regularly remind them of who you are and what you do? What ways are creative, effective and inexpensive? Sec- ond, specialize. “My name is Ben Cox, and I do personal injury and insurance law.” Do not tell people you do any more than one to two practice areas, or they will probably forget the whole list. Third, socialize. Join as many organizations as you can meaningfully participate in. You Look Before You Leap Continued from p 17