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by Jay Foonberg 6th Edition E-Book $99.99 
“Mr. Foonberg’s book is one of the best I’ve read about managing and building a successful a solo practice.”
-viatical association
If you have a question about starting and growing your own law practice, or improving your existing solo or small firm practice, Jay Foonberg has the answers in this power-packed, updated, and expanded new edition. Learn it all from a practicing lawyer who provides you with real answers, for real practices, gained from real experiences. (more…)

This book was written to save you time and money. Learn how and why it was written.

Hopefully the history of this book will encourage you to “give back” to the
profession.

New lawyers have been asking the same questions for hundreds of years. Learn what Abraham Lincoln wanted you to know.

Most lawyers who start their own law practice either want to or have to. Review some of the pluses and minuses of starting your own practice.

If you have any doubts or qualms about your competence to practice law, this chapter is a must.

Taking a job, “for experience,” may be riskier in most cases than starting your own practice. Review the pitfalls in taking a job “for experience.”

Doing hourly work for other lawyers while staring your practice can provide both money and experience. This chapter contains more than 20 issues which must be resolved before starting.

You may have to defer opening your law practice for any number of good reasons. This chapter suggests more than 20 different ways you might use your law degree to get a job until you can make the move.

Starting with another new lawyer has both pluses and minuses and can work if done correctly. Read about some things you and the other lawyer most both
consider.

Although I personally don’t understand how spouses (or similarly connected people) can practice together, there seem to be many advantages to spouses working together in the same office.

Practicing another business or profession while starting your law practice can be either good or bad depending on how you do it. Tips on how to do it and traps to be avoided are given in this chapter.

Starting with specialty areas or a niche practice has both, problems and benefits. Some solutions and suggestions are offered.

What you will name your law firm should be considered before you start a practice. Some suggestions are offered.

Sole practice vs. partnership vs. shared office. There are pluses in being alone and other pluses to being with others. Some considerations are offered.

The written business plan. You should not start your law practice without a written business plan. There are dozens of free business plans available on the internet, and many are sold by consultants who want you as customers for their services and products. This over simplified plan is expressly designed for lawyers starting a practice who have never done a business plan in the past.

It is rare for a lawyer starting a practice not to have to worry about an unpaid student loan. The basic rules of handling your student loan are set forth.

Deciding on the city, the neighborhood, and the specific office has both immediate and long range effect on your success or failure. This chapter provides simple questions which unfortunately may require complex answers.

In determining occupancy costs, there are many plusses and minuses. Proximity
to other lawyers, law libraries, public transportations and many other factors
should be considered. This chapter will point to those considerations.

Space for services sounds good. Learn which problems have to be avoided to be successful and at least one alternative way to trade “space for services.”

Getting space for your office. If you have never negotiated a lease you need to read this chapter to get the basic requirements for a law office.

Practicing in a law suite has both advantages and disadvantages. A review of these advantages and disadvantages can prepare you for what to look for.

In my opinion, practicing from your home should be avoided when possible. When there are no practical alternatives this chapter will tell you what to do and what not to do if you are thinking of practicing from your home.

Virtual law practices are slowly developing. Learn why money invested in a website is probably a better investment than money invested in a couch.

Cash flow planning can make the difference between success and failure. Learn what you will need and why.

This chapter contains a plan to give your rich relative a tax break for financing you.

Checklists – This chapter is critical. Before you open the doors you will need to do the things outlined in this chapter.

Tips for buying office supplies are included along with some simple procedures for using your equipment.

Office Technology – This chapter covers so much of what you need to know, it takes up to 20 pages of the printed book. This chapter can take much of the anxiety out of buying equipment to stay technologically current.

The pros and cons of doing your own word processing are discussed and this chapter should force you to think about who will do what in your office.

Furnishing your office can be money well spent or a waste of money. Learn the basics of what you should know.

The proper use of stationery is critical. Even a common yellow pad if used
properly can make a difference in your practice.

The proper treatment of friends and relatives is crucial to a new lawyer. If you treat them properly they will be good clients and the sources of good referrals. Learn what to do.

Getting the word out proclaiming that you are ready to accept clients is a critical first step in your marketing efforts. Read this chapter and start preparing immediately.

Yellow pages newspapers and the internet can immediately produce clients and fees. You must know what to do when the phone rings.

The internet and your e-mail addresses are likely to send important messages about you and your practice.

Your web site. Tips are offered on why you should have multiple web sites.

You were not taught in law school how to manage telephone communications,. You will only succeed if your clients are pleased with the way their phone calls are handled and returned. Learn how to do it.

Good paper and email communication is critical to success. Learn the basics along with specific practice including tips and form letters.

Getting clients by joining clubs and organizations is no longer the source of clients it once was. Nonetheless, clients can be gotten from clubs and organizations within certain parameters. Learn those parameters.

Cold calling disgusts most lawyers. Yet one form of cold calling can provide both clients and professional satisfaction. Learn how to do it.

Charities can be a good source of good clients. Sample methods are described.

Insurance claim adjustors can be the source of a lot of clients or a source of a lot of trouble. Learn what to do and what not to do to get referrals from insurance adjusters.

Your vendors can and do need lawyers and are typically able to make large numbers of referrals. They have to be cultivated.

How you accept personal injury cases can result in a happy client or in a bar complaint. Personal injury clients often need special attention. You must protect both yourself and the client. Sample form letters are included.

Settlement offers must be communicated in a clear precise manner or the client will hear only what they want to hear.

Representing seniors. Seniors will be the clients who can pay legal fees and who have accumulated wealth. Your office and practice must be senior friendly. Learn how to represent seniors and the benefits and pitfalls of representing seniors. Videotaping pros and cons are set forth.

Running for political office was one way lawyers traditionally got their name out to the general public. Some pro’s and con’s are set forth.

Lawyer referral service. Why lawyer referral services are good investments is set forth.

Getting legal work from the government may or may not be profitable depending on your situation.

Other lawyers can be an excellent source of fees for new lawyers. Learn how to ask for the work.

If you are, or associate with a member of, a minority, there may be advantages in securing clients and fees including government contracts for legal service without bidding.

Often a closed file does not presently require further legal work, but may require work in the future. Samples of opportunities that are inherent in “closed files” are given.

Failure to recognize and resolve a conflict can result in being disqualified to do anything in the matter and you may be required to refund all fees you thought you had earned. Further, you may face bar prosecution. Common, often not recognized, conflicts are illustrated along with forms to allow ethical continual representation.

What clients need may not be what they want. What clients want may not be what they need. Several examples of what you can do to help a client, although not necessarily from a legal point of getting a good result, are pointed out.

ABA studies revealed 7 traits clients want from their lawyers. Failure to provide those 7 traits results in unhappy clients, providing the 7 traits results in happy clients.

Why do clients not “go back” to the lawyer? The results may surprise you.

There are certain types of clients and cases that should never be accepted. They are illustrated in this chapter.

A client or case turned down today can turn into a client, or case, or referral many years from today with proper record keeping.

You must learn how and when to say “no” to a client or prospective client if you want future work and referrals from that person. Form letters are provided.

Cases that appear to have doubtful merit may become meritorious as the facts and law develop. A knowledgeable client may be willing, under certain circumstances, to pay large amounts of legal fees to achieve a goal on what appears to be a losing case.

Getting fired by a client is not the end of the world. Handled properly, the client may come back to you or refer others to you in the future. Handling the discharge poorly may get you a bar complaint to go along with an unpaid fee.

TIt is critical that you have a separate fee and representation letter for every matter. A sample letter with 37 potential points is provided.

In order to receive or pay referral fees or to divide fees with a lawyer, certain rules must be observed.

It is critical to protect yourself and the client if you decide to drop a client or matter. Sample letters are provided.

Whether or not to accept clients who can’t pay. There is more than one way to help clients who cannot pay for what they need.

Setting fees is always a huge question mark for the new lawyer and sometimes for experienced lawyers as well. Included in this chapter is the whimsical “Big Mac” formula for fee charging, which has been widely copied by others.

Often a client can afford your services but doesn’t realize that he or she can. Additional sources of client ability to pay legal fees are illuminated in this chapter.

Why you must get the potential client into your office before quoting a fee.

Foonberg’s Rule – Chanted by tens of thousands of lawyers.

How Abraham Lincoln handled new clients. You can do the same by using “Foonberg’s Rule.”

Cash fees can tempt you. Be careful!

Client costs (money expended for a client) can be a serious problem in an otherwise simple meritorious matter. Client costs being too high can result in poor service.

Foonberg’s Rule – worth reading as often as you can before accepting a new client.

Accepting credit cards can result in more net profit to you.

Financing your practice with credit cards can be dangerous, but it can be done. Read this chapter to get the fundamentals.

Cash flow is critical to success. In this chapter I suggest simple ways to ask for, and get, cash up front.

Your invoice can and should tell a story about you, what you did, and why you are entitled to payment. This chapter can help you word your invoice.

Why monthly billing is best for you and for the client.

Final Billing. Final bills are the ones that often don’t get paid. Understanding why this is so can help you avoid the problem. This chapter includes the famous “Client’s Curve of Gratitude.” This chart illustrates graphically why final bills must be sent immediately. This often copied chart was developed by me, based on a real live case, and is framed on many lawyer’s walls and desks. This one chart is worth the price of the entire book.

You may feel you are selling advice. Clients often feel you are selling them paper which embodies the advice. Read why bombarding your clients with paper is critical to your success.

Convert learning time into cash. You spend time to keep current on the law, often your clients would be happy to learn what you just learned, and be happy to pay for their education. Learn how to do it./p>

Before commencing work on a matter you should learn what out of pocket costs may be needed. The client may not realize that these costs are in addition to the fee. Typical client’s costs are listed.

Improper payment (or receipt) of legal fees to, or from, other lawyers can get you disbarred. Payments to, or from, non lawyers is playing with fire. The pluses and minuses of forwarding fees, referral fees, and division of fees is discussed.

Setting a fee and asking for it can be intimidating if you don’t know how to do it. This chapter can help you learn.

Alternate dispute resolution will be a major area of practice. Learn what it is and when to suggest it.

Knowing how, and when, to withdraw from a matter is something you must be prepared for and be able to do. Sample solutions and form letters are provided in this chapter.

An overview of how management can make a difference in net income.

Time management is critical to successful professional success and balancing one’s life. The “To Do” List” is critical for effective time management. How to make and use an effective “To Do List” is explained in this chapter.

How to use a “To Do List” to achieve success is explained.

Telephone call management is critical to client satisfaction and malpractice protection. A basic simple system for keeping records of who said what is provided with forms.

Your desk is where you will earn much of your income and have many meetings with clients and others. Give thought to what belongs on your desk and where it belongs. This chapter will provide suggestions.

Accurate time records are absolutely critical in most practices either for billing purposes or management purposes. Learn at least one easy to use system. My system is explained for you to copy.

A potential client calls with a potential new matter for you. Now what? This chapter will help you prepare for that client and be ready to get started before they walk in the door.

Court forms are usually available for free from the internet or can be gotten cheaply or for free from the courts. Getting the forms and using them properly will help you practice more efficiently, especially with your first cases in the area of law involved. Learn the best practice areas for getting and using court forms.

More than 100 questions to ask when someone needs a living will or a simple will or has criminal law problem.

No need to panic when a client wants you to start a lawsuit or has a trial or hearing coming up. Learn what to do.

What to say and do in your first interview with the client or potential client.From the time you say “hello” in the reception room until you say “goodbye” in the reception room.

Clients want you to listen more than they want you to talk. Learn the basics.

A well run meeting instills confidence in you. A poorly run meeting will cause clients and potential clients to be concerned over your ability to represent them. Learn Foonberg’s 10 steps to running a meeting.

Here is a list of things you might want to do to get your feet wet as a new lawyer.

Here is a list of what lawyers do in addition to research and writing.

As a lawyer you will spend much of your time negotiating. These tips can help you negotiate any matter.

Bank accounts and bankers are part of your office requirements. The basis of dealing with both is explained.

Trust account violations are an express highway to disbarment. I will quote one sentence from this chapter, “if you ignore this section of my book, you are not only a fool, you are a damned fool.”

What to look for in a malpractice insurance policy as well as other required and useful insurances are explained.

Tax and license requirements are easy to overlook. Don’t make that mistake.

A personnel manual is an employee – employer Bill of Rights and can prevent or settle many disputes. Typical areas of coverage are set forth.

Keeping books for income, receipts and trust accounts is not optional. I have prepared a new lawyer chart of accounts for the new lawyer and the CPA.

Cash flow is essential for survival and for flourishing. A new lawyer 12 month cash flow budget form is included in this chapter.

Paperless will never be possible. Less paper is possible. Read why this is so.

Law is a paper generating profession. Even information kept in a computer is there in the event a written print out may someday be required. A simple system is enclosed.

If you already know Word or Word Perfect or another word processing system skip this chapter.

Paper files must be organized and maintained.

Is a file “prospective,” “active,” “closed” or “dead” – learn the difference.

At some point you either have to close files or else get warehouse facilities. Prepare to close the file the day you open it.

Destroying old files can be problematic. A lawyer or client may ask for the “client’s file.” What to give and what to keep is discussed.

At some point you may have to destroy a file when you can’t find the client. What to do is spelled out.

From punch cards to 8″ floppies to memory sticks the highway of law office management is littered with the corpses of equipment and systems that no longer exist or are no longer supported. This check list may help prevent a lot of problems.

There is no substitute for periodically examining the file contents. What to look for and what to do is explained. This Chapter contains excellent form letters to send to the client along with a list of who does what.

As you practice you will build form files from forms you have created and forms created by others. This chapter will help you start your form files.

Library expense for books can be a bottomless pit of wasted money. Learn alternative less expensive sources and free sources of what you need in a new
practice.

Buying library books can easily be wasted money. Read what to look for.

Email, effectively used can reduce or eliminate postage expense and express delivery expense. Learn when to use email.

Do the math. Saving 15 minutes/day can allow you to bill $6,000/year more at $100/hour, 30 minutes/day translates into $12,000/year. This chapter includes many time saving tips.

Getting the work done on time only requires a simple tickler system and an intent to overcome procrastination. Learn how to do both to get the work done on time.

Whether to try to save the expense of a receptionist is always a difficult decision to make. Read some pros and cons and then decide.

Investigators can make a weak case strong and a strong case stronger. Learn why they can be a good investment.

It is important to understand what ABA Rules mean and what effect they can have on your practice. This chapter connects the American Legal System to our Rules of Professional Conduct.

There are those who call law a business and prostitution a profession. Law is not a business, it is a profession. Read this chapter to understand the difference and why those who declare law to be a business often are not practicing lawyers.

Those who tell anti-lawyer jokes in front of you are challenging both you and your chosen profession. Some appropriate responses to anti-lawyer jokes are offered.

Defending yourself against an ethics complaint is a lose – lose situation. Avoiding an ethics war is preferable to winning an ethics war. It is easier and cheaper to stay out of trouble than it is to get out of trouble. This one chapter covers 52 ways that well meaning lawyers can inadvertently get into trouble and how to avoid the problems.


Ten simple ways to avoid common ethics complaints are provided in this chapter.

Some consider ethics rules to be rules of conduct. Others consider ethics rules to be goals. In either case you should understand the sources of those rules.

American lawyers have only had ethical “rules” or “duties” for less than 200 years. Under the American system, unlike many other systems, loyalty is to the client, not the state nor the transaction. Understanding the history given in 2 short pages is well worth the investment.

It is important to understand the ABA Code of Professional Responsibility and the ABA Model Rules of Professional Conduct and their effect if violated.

These ten rules of trust account management will help you avoid the trust account expressway to disbarment.

What should you call yourself? Lawyer? Attorney? ESQ.? or something else? This chapter will help you decide.

Don’t assume that just because a foreign “lawyer” speaks English that he or she understands American legal ethics or American laws. You may inadvertently cause a loss of attorney client privilege by dealing with the wrong person. This chapter can help you be aware of differences in the extent of privilege.

It is becoming increasingly possible to buy a law practice from another lawyer, a sample fact situation is given in this chapter.

There are 15 areas of practice management differences that are considered important in avoiding ethics complaints. These 15 areas are listed in this chapter.

I have tried to reduce more than 300 books and publications into this one book to help new lawyers save time and money. Many of the short chapters are the subjects of treatises. Some sources of additional help are given.

A local bar funded practice management advisor may be the best resource available to you. Listed more than 40 areas of practice management assistance they may provide.

Continuing legal education whether mandatory or not, is critical to your remaining competent to practice law. Continuing education is important in management and client relations as well. Some sources are listed consistent with your needs.

A 1932 incident revolutionized one person’s law practice income. It can help you understand how basics remain basics in starting and managing a practice.

An account receivable is 100% profit after the work is done. Proper management of accounts receivable is critical to both you and the client. Techniques for collecting accounts receivable are given in this chapter.

Getting help – the next step after this book. I unabashedly recommend a book I have written and updated 3 times called How to Get and Keep Good Clients.

This chapter contains 67 short tips to remind you of many of the things you can learn from this book.

Always do it right. Always take the high road. When you strive to “Do It Right” you will. It may take you an excess amount of time the first time you do anything, but you must still “Do It Right.” This chapter illustrates how I got my first client because I insisted on “Doing It Right.”

This checklist of about 100 things that a lawyer opening a practice must do. This list is classic and worth the price of the book by itself.

Dealing with difficult lawyers, clients and judges isn’t easy but must be learned. Some tips are given.

Quality of life can be illusive for a lawyer starting a practice. This chapter contains 19 suggestions for maintaining a quality of life for the new lawyer or indeed any lawyer.

September 11, 2001 (9/11) changed the definition of Quality of Life for many people. Learn Foonberg’s Rule and use it.

This book really works. Read how it helped 100 law students and can help you.