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26 - Toward a More Effective and Accessible Solo and Small Firm Practice Model

from PART III - FASHIONING A REFORM AGENDA

Published online by Cambridge University Press:  05 May 2016

Ann Juergens
Affiliation:
Mitchell Hamline School of Law
Samuel Estreicher
Affiliation:
New York University School of Law
Joy Radice
Affiliation:
University of Tennessee School of Law
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Summary

Juergens provides concrete strategies for solo and small firm practices including crafting transparent fee arrangements with clients, outsourcing or automating non-lawyer tasks, creating service hubs of legal and non-legal professional services, leveraging local community connections to complement bar ties, creating a web presence, and using law student externs.

The lawyers most in touch with the civil justice needs of average Americans are those in solo and small firms. They are a crucial yet undervalued resource for closing the access gap. To meet more need, solo and small practitioners must reimagine the ways that their services actually add value to the lives and transactions of average Americans. They must distill and enhance the value of their services even as they work to lower their cost to clients. Finally, lawyers must improve the ways that the value and risks of their services are communicated to average Americans.

DISTILLING THE ESSENTIAL IN THE SOLO AND SMALL FIRM SERVICE MODEL

In the current climate, the benefit small firm lawyers may bring to peoples’ lives and transactions is not apparent to most moderate-income Americans. While lawyers once controlled access to most legal information, that is no longer the case. Small firm lawyers have relied heavily on the skills of building relationships and trust in their service to middle-income clients, but now they must do more. They must focus their efforts, and become more sophisticated and certain about the ways they add value. This should lead them to remove, automate, or outsource the non-essential, then offer a more concentrated and individualized – and more valuable – set of services for middle-income clients.

As one common example, small-firm lawyers who learned to draft wills or file articles of incorporation can no longer go through a series of standard questions and charge clients by the hour for creating documents that the client can access for $100 or less on the internet. Rather, these lawyers must investigate when these forms are not sufficient or cannot be easily used by potential clients. They must explore new ways to serve by concentrating on families who need to plan for the long-term care of a disabled family member or on small enterprises that face more complex questions like those raised by regulatory agencies or licensing agreements.

Type
Chapter
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Beyond Elite Law
Access to Civil Justice in America
, pp. 383 - 394
Publisher: Cambridge University Press
Print publication year: 2016

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