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Focusing Your Practice—Should You or Shouldn’t You?

By Rebekah Page-Gourley posted 03-31-2014 08:51

  

Will focusing your practice be good for business or will it pigeonhole you into an unhappy career? Most lawyers don’t graduate from law school with a “specialty.” Yes, there are practice area–specific law reviews and clinic opportunities for 2 and 3Ls, as well as LLMs, but everyone walks out of law school with a standard Juris Doctor degree. The issue of specialization for lawyers often comes up after graduation—and needs to be addressed quickly.

One lawyer who started his own practice after law school argues that the days of the “whatever comes in the door” type of solo firm are “long gone.” Instead, he advises new lawyers looking to hang a shingle to pick “one or two (max) areas of law and focus your practice exclusively on those select areas. If you try to do everything you won’t get good at anything.” He also points out that by trying to do everything, new lawyers look like a threat to all other lawyers in the area, thereby lowering their chances of building up solid referrals.

Specialization can become an issue even for the lawyer who’s not going solo. For example, if you’re at a bigger firm and you start working with a partner who does mostly employment defense, before you know it you’ve become a “specialist” by default. It can be tough to move around—either in your firm or outside of it—once you’ve gotten into a practice niche. After investing seven or eight years of practice in one area, it’s hard to get up to speed on something completely different. It is also unlikely that another firm will spend the time and money to get you there.

Some would advise new lawyers to let their specializations “develop organically.” In other words, identify the type of law you like and the clients you want to help, and go from there. Of course, this approach doesn’t work as well when you don’t have some sort of stable starting point from which to begin your exploration.

For me, the conversation boils down (as all things in the law somehow must) to “It depends.” I think specialization—if a new lawyer has a good idea of his or her interests and passions—can be a great way to get a new practice off the ground and start building a reputation. The danger, though, is that once you go down the path in one area, it can be hard to change course.


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04-03-2014 15:51

All very good points here. I started my own practice basically right out of school. I wanted to specialize in real estate, estate planning and business because I thought that specializing is what will get the most out of my intelligence, as you all have noted. I thought I could excel at real estate because I did it so much and had a lot of experience. However, when reality sets in one realizes this is not always the best.
Unfortunately it is a business, and businesses must do what is profitable. I have ventured into Bankruptcies, Civil Lawsuits, and Family Law because thats what is the most profitable. Ideally I would love to practice just probate and estate planning, and now bankruptcy too, but at the end of the day I have a family of 4 to feed and I am willing to go out on a limb to figure things. The key to my success has been hiring the help I need when things get too hard for me to handle, and to realize that sometimes making money is not the most important thing in this profession. We always run the risk of misconduct and malpractice and that is what scares me the most.
At the end of the day, sometimes I feel like I am just holding on, even though I would never take work or do work that just good enough to avoid misconduct or malpractice. There is no way I could sleep at night if I did that. So until I build up the reputation I want, sometimes it best to just figure things out. I would not have 3 degrees if I could not make it happen.

04-03-2014 06:50

Great points, both of you. Thanks for sharing your experience. Robert, that's an excellent point about the significance of the location of your practice. The one other thing I didn't mention is about how outside factors--like the economy--could come into play. It pays for solo or small firm attorneys to be savvy about what type of law is big at the moment and to educate themselves to be able to handle those cases. Like bankruptcy a few years ago. Thanks again.

04-02-2014 19:08

As with anything there are a lot of "depends". First, and probably foremost, is where your practice is located. If you are in a metro area (SE Michigan or Grand Rapids) possibly specialization early on may be important. On the other hand, if you are located in a county seat town, starting out as a generalist is probably the way to go. Second, it depends on how you define specialization. Third, it depends on luck.
When I started in the mid 70s in a small town, I took what walked in the door. I ended up doing divorce and collection work as well as estate planning, probate, and general business - in short a well rounded practice. Then I took 19 years off (while keeping my license) to run the family business. When I closed it down in 2007, I decided to come back as an appellate attorney (I clerked for a judge on the Court of Appeals right after law school), but despite trying to market myself that way I ended up doing general work to eat and now I am basically doing probate work.

03-31-2014 22:17

I absolutely agree that picking a couple areas to focus on is key when starting a law practice. It is hard enough trying to figure out how to a new practice without trying to learn every single type of issue that presents itself.
Of course, it's very difficult to refer anything out in the early days when you're just trying to generate enough business to cover startup costs!