Aug
20

Hey, Brother, Can You Spare A Partnership?

I once stumbled upon a description of my dream job in a John Grisham novel. (I don't recall which one, they do tend to look a like from a distance.) A firm rolling with cash had one partner devoted to pro bono work. He was paid handsomely, never had to worry about fees, and was free to dive head first into bewildering complexity without having to cover his overhead. That's the job I want.

The job I have is head of a small firm composed of three full-time lawyers, an of counsel lawyer, paralegals, assistants and an office manager. We don't have institutional clients. What we have is overhead and attitude. It's the attitude that attracts plenty of phone calls and letters; more phone calls and letters, frankly, than we can respond to with ease. The overhead is what keeps me up at night.

So I read with envy the report in this morning's New York Times about young lawyers given year-long paid deferments from big law firms to work on the public interest side. The bar's elite can be paid a stipend of $60,000 or so to stay away from their shop and go to work in a less remunerative area of the law. One young man, Nathan Richardson, worked for an environmental police group; another young lawyer decided to work in a public defender's office. Imagine being paid by big law to do public interest work?

"The rich are different than you and me," F. Scott Fitzgerald once said. That's certainly true in the practice of law. I cannot imagine what it must be like to be well-financed and capable of choosing how to spend your largess. We're more like the little Dutch boy with only so many fingers and a dike leaking in far too many places. How can we remain afloat as the dam threatens to burst?

I spent a day not long ago answering correspondence from folks, mostly prisoners, seeking representation. Some had been abused physically by guards, many had medical issues that were unaddressed by prison officials, some sought counsel about issues relating to their release date. Almost all of them made clear that they were seeking pro bono representation. It was overwhelming. At some level I felt something almost like anger: It seemed a long line of folks had formed consisting of folks who had decided that I was just the guy to give them my services free of charge. I had to turn down these folks with apologies: a tough economy makes it hard to take all the cases we would like to take. But even if I practiced at the Law Offices of Croesus, I couldn't have taken all these cases. There is so much need; so much sorrow.

And then a letter arrived from London, from an international human rights group. A prisoner not far from here is being force-fed against his will. Can we assist? At once, my imagination is engaged. A man in the belly of the beast has lost all, his liberty, his reputation and his autonomy. Now the state seeks to deprive him even of his right to protest the terms of confinement. The state will keep the man alive solely to imprison him. This is shades of the Michael Ross case all over again. He was the death-row inmate who decided to seek no further appeals. He decided that after more than 15 years of fighting he just wanted to die. Frankly, I supported that decision: Who are we to tell a person they must live? "Be careful," a staff member tells me. "This is case is a financial black hole."

But black holes seem to be all I know. This morning another potential client calls. He's been advised by other lawyers that the wrong he seeks to right may be beyond repair. "It's a one in a million chance," he tells me. "That's why I called you." My heart sinks. I wonder if I would recognize a sure winner if it walked in the door? I tell him I cannot do the work for free: he'd need to pay a fee. But already I'm liking his odds. One in a million means that all hope is not lost. I am David, looking for the perfect stone to cast at giants.

All these fights and so little time. Nowhere in legal fiction have I seen the economic reality of running a small firm portrayed. Folks don't just tumble through the door with small fortunes to pay for legal fees. Staff members need to get paid; the lights must be turned on; bills arrive daily. All these fights and so few clients able to pay for them. Every day a new request for pro bono service; every day another David asking for justice against Goliath. I realize now that my it is frustration and not anger that I feel.

The rich do live different kinds of lives. So do partners at big firms. So do associates at those firms. I'm envious. I've made a pet of the wolf who stalks our door. Even so, I am envious. So what do you say ye titans of the megafirms? Can you spare a partnership for a lawyer with a lot of fight and little economic sense?

I already know the answer. I don't expect the phone to ring with your call. Instead, the next caller will no doubt be desperate and broke. He'll need a lawyer. Odds are he won't be calling big law.
Comments (4)
Posted on August 21, 2010 at 10:57 am by Ray Sipsa
Glenn, it IS something to be wished for. And as a...
Glenn, it IS something to be wished for. And as a civil plaintiff's lawyer I sense a certain amount of hypocrisy among the plaintiff's bar. All of the plaintiff's lawyers like to talk about being the voice of the ordinary man, but that voice is only to be heard when the contingency fee offers a substantial pay day. This is most apparent by looking at the other side of the coin. Go to housing court some day and watch the tenants being evicted for not paying their rent, often from slumlord apartments. Where are all of these caring lawyers for the "ordinary man?" Nowhere to be found.

Posted on August 21, 2010 at 8:56 am by Glenn
Ray:
You are, without question, correct that unle...
Ray:

You are, without question, correct that unless we rein in the desire to be (to quote the Wizzard) good deed do-ers, we will pay a heavy price and so the only logical path to follow is the one that causes us to say "no" when our better, if not more practical, angels tell us to say yes. I think that is why Norm felt that an offer to be paid a living wage while being allowed to tilt at windmills was something to be wished for.

Posted on August 21, 2010 at 7:47 am by Ray Sipsa
This is a topic that is close to my soul. I think...
This is a topic that is close to my soul. I think there are a lot of lawyers, like myself, that suffer from a Messiah complex. We feel that we have to help ever person who comes to us with a serious legal problem. In most cases the prospective client is unable to pay the costs, let alone a legal fee. And there is a never ending supply of such clients.

If one is not careful, an attorney will sacrifice his or her financial and emotional health while trying to help these deserving people. And so some years ago I decided to start saying no. I cut my case load drastically. I'm sleeping again.

Posted on August 21, 2010 at 6:37 am by Glenn
Norm:
I envy your ability to have been able to ma...
Norm:

I envy your ability to have been able to make the wolf, which whom I am all to familiar, a pet. He is, like stress, a constant companion to those of us with a small practice and the inability to turn away all the people who need representation and can't afford the cost. I suppose the best we can do is to try to keep some sort of balance and hope that one day there will be a flock of geese, all laying golden eggs, outside the door.
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About Norm Pattis

Norm Pattis is a Connecticut based trial lawyer focused on high stakes criminal cases and civil right violations. He is a veteran of more than 100 jury trials, many resulting in acquittals for people charged with serious crimes, multi-million dollar civil rights and discrimination verdicts, and scores of cases favorably settled.

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I believe that the state is a necessary fiction and that failing to combat it is the first step toward tyranny.
– Norm Pattis

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Nothing in this blog should be considered legal advice about your case. You need a lawyer who understands the context of your life and situation. What are offered here are merely suggested lines of inquiry you may explore with your lawyer.

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