Office of Bar Counsel, 0420 WYBJ, Vol. 43 No. 2. 8
| Author | Melinda S. McCorkle |
| Position | Vol. 43 2 Pg. 8 |
So, You Want a Small Office Practice? 10 Tips for Doing it Ethically With Competent Help
Melinda S. McCorkle
Lawyers are dependent upon others to help us effectively practice law. Whether working for an organization or in private practice, we rely on staff to keep our files organized, track deadlines, file pleadings, and communicate messages from clients, opposing counsel, and tribunals. The private practitioner also relies on staff for the administrative tasks of running an office. When all runs smoothly, lawyers can focus on practicing law while relying on someone else to handle items necessary to the practice of law (organization, calendaring, etc.) and run a business, tasks which do not necessarily require the lawyer's time and expertise. This symbiotic relationship has another benefit—it puts mechanisms in place that greatly reduce the risk of violating the Rules of Professional Conduct.
The importance of the relationship between attorney and staff is perhaps most obvious in offices with only one staff member. The sole staff member fulfills multiple roles including legal assistant, receptionist, runner, bookkeeper, and office manager. In addition to the challenge of finding a person who can effectively fulfill all of these roles, if the sole staff member quits (or simply isn't performing the job adequately), the sole practitioner finds himself in a bind not faced by larger offices because there is no one else to absorb that loss. Worse yet, he may have to hire a candidate that he would not otherwise hire just to get a body in the office. With the rising cost of insurance, if the sole practitioner cannot provide benefits, he is even more likely to have a revolving door of staff. This results in vast amounts of time devoted to interviewing and training new staff, loss of institutional knowledge about current and former clients, and of course, less time devoted to the practice of law.
Because small firms face unique challenges with staffing, I have compiled ten tips to: (a) assist the small firm avoid the ethical pit-falls that can accompany total reliance on one staff member; (b) ensure a smoother transition from one employee to the next; and (c) effectively train and retain staff.
1. Education. Educate yourself about your staff's duties. If the only employee leaves tomorrow, are you able to handle your cases competently and diligently as...
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