Raj Sharma's Canadian Immigration Blog

The Pros and Cons of ... Practicing Solo

I had the opportunity of being interviewed by Susan Hughes for an article for the 4Students publication of Canadian Lawyer Magazine some months ago.

Link here.

Excerpt (which sounds especially damning for practicing in a firm, which wasn't actually my intent):

Raj Sharma

Immigration and administrative law, Calgary

PROS:

• The right temperament is important. “Assuming you’re entrepreneurial and you’re comfortable with a certain degree of risk — if you like to set your own hours, if you don’t like to toe the line. Those are the most fulfilling aspects of a solo.”
• Satisfaction from personal contact with clients. “It really means a lot to you when you bring someone, or their family members, to Canada.”
• Control. You can choose your own client. “It’s not a file that’s been tossed to you by a senior lawyer.”
• Files that involve humanitarian issues. “The biggest pro you have as a solo is being able to positively impact someone’s life.”
• Calgary is dynamic. “There’s a lot of  employers and people who need your services. Many of my clientele are employers looking for workers from overseas. There’s always appeals, deportations, Federal Court applications.”
• Very reasonable and affordable lease rates. “For a lawyer opening up shop, it’s not that bad. For 800 square feet, you’re looking at $30 per square foot. That would probably compare very favourably to any solo starting out in Toronto or Vancouver.”
• “I really hope more people explore the solo option. I see the look of despair in my brethren’s eyes who work in big firms and have to put in crazy billable hours. If you have a good niche going, you’ll be as profitable and you’ll have a better work/life balance. With technology these days, you can leverage yourself up to do what a larger firm can do. Fundamentally, making partner is going to cost you your soul.”

CONS:
• “There is the odd bungling of a decision with serious ramifications for your client.”
• The administrative side of things: accounting, payroll, trust account reconciliations. “You need to be able to handle technology.”
• “Starting out in practice is always difficult. It helps if you have a community, a niche, a unique skill set.”

Retainer or Engagement Letters

A good, succint article at http://www.cba.org/cba/PracticeLink/CS/engagement.aspx outlines the necessity of and basic parameters to a retainer or engagement letter. A written agreement is envisioned in the Code of Professional Conduct, but is important so that both parties are aware of the fundamentals of the lawyer-client relationship.

Obviously payment terms and the scope of the retainer is important for the lawyer to establish from the outset. More importantly the author seems to indicate that the retainer may help to uncover 'problem' clients- before they become (at a minimum) an annoyance. Make sure the retainer outlines how and uner what circumstances the lawyer can withraw.

Combined with Foonberg's Law (essentially - fees up front) a written retainer will save a lawyer from unpaid bills and unrealistic (and therefore unhappy) clients.

Here's a draft engagement letter used by my office. Download engagement_letter.doc

Lawyers and the Media

Can't really say that I'm an expert in this area, but I thought I would share my experiences with the media with other lawyers.

This past week and half, I've been interviewed by the Calgary Sun, Calgary Herald, Global Television, City Television and Dave Rutherford of CHQR 770 AM. By and large my experience was positive despite the overwhelming prejudgment of my clients guilt.

I think that a lawyer ought to cultivate media attention as it simply buttresses the all important preception of specialization and expertise. I summered with a Edmonton lawyer, Dennis Edney who was never shy of (self) promotion.

Within the bounds of good taste I think its an absolute necessity for a small for or sole practitioner.

Dennis is now counsel for a scion of the Khadr family and I think parlayed the media attention from a case R v Mills years ago to reinforce a reputation as a leading criminal lawyer. He has been covered by the national media on many occasions.

A good link is: http://www.cba.org/cba/PracticeLink/MT/media.aspx it essentially touches on all the important considerations for a media appearance.