Practice News

As more and more litigants choose to represent themselves, Illinois courts continue their effort to adapt to this "new normal" (see the October 2017 IBJ cover story.) One such adaptation is a program launched by the Illinois Supreme Court Commission on Access to Justice late last year that gives grants to 13 judicial circuits to help them better serve pro se litigants and manage their impact on the justice system.

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a partner in a 14-attorney firm in San Antonio, Texas. We have eight partners and six associates working in the firm. The firm was founded 20 years ago, so we are a first-generation firm. Two of the partners were the founders of the firm and the other six were made partners in later years. Currently our method of governing the firm is handled by the full partnership. While each partner has one vote, we try to manage by consensus. We do not have a managing partner or any committees. We have an office manager who primarily handles the accounting and  staff oversight. The partners meet weekly to discuss issues and make decisions. We are beginning to have issues with our management structure. Partners are not showing up for the weekly meetings and complaining about the amount of time it is taking away from servicing their clients. Should we consider a different approach? We would appreciate your thoughts.

All attorneys who choose to become solo practitioners face the challenges of setting up and running a business. That includes putting together a business plan, separating trust accounts and other funding sources, and attracting and retaining clients.

Women who take the solo journey also face bias and stereotypes that can negatively affect their confidence and their bottom line - although occasionally, being female can be an advantage. That's according to a panel of women lawyers who have started their own firms and who participated earlier this year in an ISBA webinar titled, "On My Own: Starting Your Solo Practice as a Female Attorney."

Criminal defense attorney Sarah Toney of The Toney Law Firm in Chicago notes that some challenges female solos face are not necessarily related to being a woman. When an attorney starts a firm, she says, she or he should create a checklist of everything a solo practitioner needs to do, ranging from registering your entity with the Illinois Supreme Court to getting malpractice insurance.

"There's a lot of minutiae you don't think about," Toney says. "You can't just quit your job, hang a shingle, and start practicing. You need to get an EIN number."

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a partner in a 12-attorney commercial litigation law firm in Palm Beach, Florida. There are five partners in the firm. We are contemplating merging with another firm in the area of similar size. We have done our due diligence and have come across a possible non-starter—our compensation system. Our compensation system is an objective, formula-based system. The other firm has operated under a subjective system and they are pushing for the firm to operate similarly. We would appreciate your thoughts on this method of compensation.