In the twenty-five years that I have been a lawyer, I have mostly practiced alone or with a single partner. I have been a solo this time for about five years. I am now working mostly as an arbitrator and mediator in personal injury litigation. In that line of work, I meet a lot of lawyers, both plaintiff and defense. They come from big firms—usually the defense lawyers—as well as from small firms—usually the plaintiffs’ lawyers. I know a number of small-firm lawyers (and even solos) who do insurance defense, but the largest plaintiffs’ firm in my state has fewer than a dozen lawyers.

It’s easy to generalize, but I think that both my small- and large-firm colleagues would agree that life is different when you are out there on your own, regardless of what kind of law you practice. Small-firm lawyers, including solos, have a lot in common with each other, as do lawyers who work in larger firms. What they all have in common with their similarly situated peers is the way they practice law. What they have in common is the way their practices get managed. What they have in common is a similar level of support (or lack of support) in running their offices. From a solo’s perspective, it sure looks as though large firms have an abundance of management resources, while solos have a scarcity of such resources.

An example of the differences between the two would be in the ways a large-firm lawyer and a sole practitioner handle a lawsuit. If you were to watch two experienced lawyers—one a solo and the other from a large firm—try a case against each other, you probably could not tell which was which. Both would know the law and each would be proficient at putting on a persuasive and effective case. The difference between the two would, instead, be in what goes on behind the scenes, outside the courtroom.

For example, both lawyers would prepare documents for the judge—everything from trial memoranda to jury instructions to motions for a directed verdict—but in the case of the big-firm lawyer, those documents would probably be coordinated and prepared by a supporting staff of legal secretaries, paralegals, and junior lawyers working as many hours as needed to get the job done. The documents probably would be prepared well in advance of the deadline for submitting them to the court. In the case of the equally skilled solo, there may be only one person back at the office to work on those documents, and that person may not be able to handle everything the lawyer needs. (For some solos, there may not be anyone back at the office.) That means, in all likelihood, that the sole practitioner would create his or her own trial documents—some solos may actually create and print the documents from start to finish, while others might have the luxury of instructing someone at the office on how to do it. But, in either case, the solo’s way of getting the documents done would be far different from—and more personally laborious than—what the large-firm adversary would do to generate the same documents.

This difference between large firms and small firms holds true for everything—from interviewing and subpoenaing witnesses to preparing trial graphics and scheduling experts. And as for the sole practitioner getting everything done well in advance of deadlines . . . let’s just say that it is far less likely to happen than in the large firm. Most solos spend their careers scrambling to meet deadlines.

I can almost guarantee that if you are a sole practitioner with a big trial looming, one of the following things will happen shortly before your trial date: (1) your secretary/legal assistant will catch a serious cold and be unable to make it to the office, (2) the child of your secretary/legal assistant will catch a cold and your secretary/legal assistant will be unable to get your trial memorandum finished on time, (3) your computer system will crash, or (4) you will have a flare-up of your kidney stones and end up in the hospital. If any of these unfortunate events were to happen to your large-firm opponent, it would not be as serious a problem because of the large firm’s abundance of resources. Backup help could be summoned to finish the trial documents. Computer technicians would suddenly appear to fix the computer. The big-firm lawyer could call upon one of his or her many partners to try the case (or at least go to court and persuade the judge to grant a continuance).

Another difference between the two lawyers is that while the large-firm lawyer is in trial, his or her legal support staff will be back at the office ready to help on a moment’s notice and, if not needed on this case, will be working to make certain the lawyer is ready for the next case. Not only that, but the lawyer’s administrative staff (perhaps people the lawyer has never met or who work in some remote location) will be dealing with all of the firm’s management issues. In the case of the solo, however, the office will likely come to a standstill until the trial is over.

Why the big difference? In large part, it is because large-firm lawyers rely upon delegation and solos do everything themselves.

So, why would a lawyer choose to work where he had to do everything himself? Why would a lawyer not want to join a large law firm, where some people’s jobs are to do the clerical and financial work so the lawyer can focus upon practicing law? Why would a lawyer prefer to be isolated in a small office when she could enjoy the support and collegiality of a larger group?

The answer may have as much to do with personality and temperament as with anything else. The answer may be that some people choose to forego the amenities and conveniences of a large organization simply because they do not want to work in a large organization. It may be because they prefer the independence that goes with working alone or as part of a very small group. For the solo lawyer, that independence means being able to chart one’s course without having to seek the advice or consent of superiors, peers, or subordinates. It may be that simple.

Independence may have to do with being able to come and go as one pleases without being accountable to a boss. The solo who leaves work early to coach soccer, to go for a run, or even to go home and take a nap must answer only to himself or herself. I don’t know if large-firm lawyers get to enjoy that amount of freedom, but I prefer to think that they do not.

The flip side of all that independence is that the solo does not have the organizational pressure to “stay on task” that the large-firm lawyer has. It can be tempting to spend too much time coaching soccer, going to the gym, or taking afternoon naps. The truth is, you can get away with a lot when you work by yourself. The dark side of this truth is that solos seem to get in trouble more often than their large-firm brothers and sisters. My colleagues in the business of rescuing troubled lawyers tell me that solos are disproportionately represented in alcohol and drug programs, in malpractice claims, and in bar complaints. Do solos get in trouble more often because they don’t have anyone looking over their shoulders? Or is it that lawyers who are predisposed to having these problems choose solo practice?

The good news is that the smart solo can have the best of everything, in my opinion. He or she can have independence and freedom and still make a good living. The key is to recognize that you are walking alone on a tightrope. You need to have a safety net to keep you from getting hurt when you fall off the rope—and everyone falls, at one time or another. Your safety net can take the form of dedicated employees, trusted colleagues, and/or a concerned spouse. Your safety net can include routines, systems, policies, and procedures. Your safety net can include a self-evaluation of your strengths and weaknesses.

You may have to learn to delegate. You may have to improve your time management skills. You may have to deal with problem relationships.

The truth is that if you plan to practice alone or nearly alone for the next twenty-five years, as I have done for the past twenty-five years, you need to make sure that things go right more often than they go wrong. You can be sure that in the large firms, there are people assigned to making sure things go right all the time. That puts a lot of pressure on the solo.

This book has good advice from successful professionals who have either struggled with the problems you will face, or who have worked with solos to help them deal with these challenges. Heed their advice, and you will have a long and prosperous career.

If you want to read more, you can order the book or purchase selected chapters. If you have questions, drop me an e-mail: mark@robertsonwilliams.com