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Letters to a New Lawyer: Laying the groundwork for private practice

January 19, 2011
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Letters to a New Lawyer

Editor’s Note: This is the second in an occasional series of advice-oriented letters to young lawyers. If you are interested in sharing your wisdom on practicing law, e-mail Kelly Lucas at klucas@ibj.com.
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LetYoungLaw-DoxseeWhile I have worked for the government as a deputy attorney general (then one of the biggest law offices in the state), most of my practice has been as a solo attorney in association with other attorneys. I do not recommend opening your practice alone. At the very least you should find some space with another experienced attorney or, if you cannot, at least find a mentor who you can call on for advice. What you learned in law school is not enough to make you ready for the practice of law.

The sole practice requires a special kind of temperament. It requires you to be a self motivator. There will be no senior partner or office manager telling you what to do or when to do it. You will have to be aware of your client appointment calendar, court hearings, due dates for filings and court hearings.

You need an independent spirit with confidence in being your own boss. This also means that you are dependent on yourself for income. There will be no regular paycheck. Your income comes when the client pays or you collect a judgment. Some clients are slow pay (or may not pay at all) and some cases do not pay until the matter is concluded. When I entered the practice it was said that you should have three months of savings to get over the slow spots, today six months would be better.

The sole practice requires some management skills to deal with clients and staff, if you have staff. You will also need some accounting skills or least the ability to keep up on who owes you money, keeping your bills paid and keeping records for your taxes. You can get a bad reputation by being a slow bill payer and if you do not collect your fees, you cannot pay your bills. Taxes are another matter and as a sole practitioner you will have to pay quarterly estimated income taxes. A good accountant or accounting program can help you in setting up and keeping up your accounting books.

You must keep the client informed. When taking on a client, you should make sure the client understands the terms of employment. Either have the client sign a fee agreement or send a confirming letter with the terms of employment spelled out. Be sure the client understands the costs and what you are going to do. Once you have the client, keep the client informed of what is going on. This can be done with copies of letters you send to opposing counsel and copies of filed pleading or other documents you have prepared. I am always formal in my correspondence to other attorneys. Copies are often sent to the clients by me and by opposing counsel. I have found that clients tend to be suspicious of attorneys who are too friendly in their correspondence to other attorneys and worry that, being so friendly, the attorney will compromise the client’s interest. Finally, be sure to return telephone calls.

One of the most frequent disciplinary complaints is that of not communicating with the client. Of course, there are client’s that telephone you too much. Many attorneys make it clear to their client that they charge for telephone calls. I do not charge for calls that merely advise on status. However, my billing program has a column for time spent with the client at no charge so they are aware of my service.

You need a time-accounting program, both to keep a record of how much time you spend on each matter, but charging a client by the hour. I use a very simple computer database program in which I enter each day the time I spend on each client’s file. I also keep time on non-client matters. This helps me to be more efficient in the use of my time. When I charge by the hour, the client gets a time log and I want them to know when I perform services for which I have not charged. There are also available commercial time-keeping and billing programs for those who like the more detailed programs.

You may wish to specialize or specialize by exclusion. When I started out in the practice, it was easier to be a solo practitioner and have a general practice. I took in just about every case that came through my door. Today, that may not be wise. Some areas of the law have become too complicated for the generalist.

In later years I have specialized by exclusion. I no longer do criminal law (although it was favorite area of law), personal injury, bankruptcy, and securities law. Later letters will cover some of the special practice areas.

One of the early things you need to do is to find the courthouse. Do not be afraid to introduce yourself and find out what each office does and what records they keep. Many of these records are now on computer and are rapidly becoming available on the Internet. The auditor and recorder usually have a published listing of their fees which will become important in collecting those fees from your clients. Knowing the judge’s law clerks, secretary and court reporter can be very useful. Even today I could do my own title and judgment searches, if it were not cheaper to have a title company do it for me.

Over the years I have kept a master list of all my clients. I check this list to make sure that any person I am taking legal action against has not been a former client or I have some other conflict of interest. This is particularly important if you practice in a small community. I would also recommend you keep a list of the names of persons you have taken legal action against.

As a professional you have an obligation of service to your clients and to your community. The obligation to your client is not just to be their advocate, but to tell them what is right and what is practical. You will often have clients whose cause is just, but the amount in controversy is not worth the time and the mental aguish of pursuing. If after explaining the expense and what is involved in the legal action, the client still wishes to proceed, then you can proceed. However, it they have a frivolous case, you should tell them, explain that you cannot take their case and advise them that they are free to seek another attorney.

In starting out you should read a few books on starting a practice. Just do a web search, or the American Bar Association has some information on their website at abanet.org.•
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Donald Doxsee is a 1963 graduate of the Indiana University School of Law, a past president of the Allen County Bar Association, and is in the private practice of law in the association of Williams Williams & Doxsee.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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