Different Kinds of Practicing Lawyers

By far, the largest number of lawyers today, over 70 percent, is engaged in the "private practice" of law. The term private practice is broad. It can include a single lawyer who shares an office over a clothing store in a rural town, as well as a tax specialist who works with several partners and a huge library in a San Francisco skyscraper.




Solo practitioners

Many lawyers practice alone. They are called, generally, solo practitioners. Some still report that they are in "general practice," indicating that they handle all kinds of cases. This grows more difficult each year. Legislators at all levels of government pass hundreds of new laws at every session. They make changes in thousands of others. Agencies issue literally pounds of new regulations every year.

It is hard for general practice lawyers to keep up with all new developments. Some lawyers, however, seem to enjoy the challenge. They try to meet all the clients' needs, especially in places where few lawyers are available. A Wyoming lawyer recalls that during 1974 one elderly client came to his office six times. This man sold his ranch, bought a motel, and was sued by a bank. Then, his wife divorced him, and he wrote a new will. In December, he got a huge bill for unpaid taxes that he didn't think he owed.

Solo practitioners more often practice in a certain field. Some handle only divorce cases, for example. This kind of single lawyer usually works in a large city where the number of cases is great enough to support the special practice. A specialty often even determines the location of the lawyer's office. For example, offices of a bankruptcy lawyer may be near the federal court building where such matters are handled. It is said that some police court defense lawyers' offices are in the hallways of the courthouse.

Owning and operating a law office costs a lot of money. Desks, typewriters, filing cabinets, and supplies must be available.
Telephone, secretarial, and cleaning services must be paid for. Most lawyers subscribe to professional journals. They also need the best library they can afford. Bulging state statute books can usually be found wedged on the shelves beside rows of plain tan books, in which court opinions are reported.

Law firms

Law firms come in all sizes. Some have two lawyers and some have two hundred. The kinds of clients they serve differ too. The city firm of Smith & McNally may have ten lawyer partners who do little except handle accident cases brought against insurance companies. The firm of Bernstein & Johnson, the same size and located across the street, may be quite different. Partner Johnson may handle labor law cases and partner Bernstein, tax matters. Another partner named Fazio might do estate work, and so on. Firm names do not usually include the names of all partners.

Speaking of the Bernstein & Johnson firm, someone might remark that they could take care of the problems of any client who walked in. The truth is that "walk-in" business is a very small part of that handled by most lawyers. Most people choose lawyers on the basis of references or personal contacts. For this reason, lawyers in private practice tend to be people who enjoy people. They take an active part in community life. This visible role helps them in building practice. Of course, good results in cases handled are much more important. Word of success spreads, and the practice grows.

In firms, the partners attract the clients and assume the major responsibility for the cases. Firm lawyers who are not partners are called associates. They work under the direction of the partners. If competent, they may be asked to become partners. This is not an automatic step. In 1961, one New York firm hired five graduates of Yale Law School. By 1975, two of them were partners, one was still an associate, and two had left for positions elsewhere.

The associate who joins a firm does not have to pay office expenses. Compensation, however, is related to the success of the firm. What if this lawyer becomes a partner? His or her "share" of earnings received each year would be based on firm income-fees collected minus expenses. The "shares" of individual partners vary.

Whether a lawyer in private practice works alone or with a firm, the hours are likely to be long. Competition is keen. Some lawyers, who practice alone, plan working hours to their convenience. Most are like other people who are in business for themselves. They must often stay late to finish work that no one else can do. The disadvantages, however, are offset by the satisfaction that comes from helping people to solve their difficult legal problems.

How do lawyers in private practice spend their time? Some time is spent in the library, looking up the law. In most cases, gathering the facts on a case takes more time. The majority of lawyers in private practice spend little time in court. Lawyers try to write wills or arrange sales in ways that will prevent court actions. When civil lawsuits occur, lawyer specialists called litigators take over.

A large block of the practicing lawyer's time is consumed in just talking and listening. One busy tax lawyer in Houston, Texas, "watched the clock" during one week in May. He discovered that one-third of his work time was spent in meetings. Another third was spent talking to clients discussing alternative plans for reorganizing two companies. Nowadays, most lawyers keep detailed records of time spent on each case. Clients are billed at an hourly rate, which varies according to the experience of those working on the case. In one Washington, D.C., firm, the top partner's time is considered to be worth $125 per hour, while a beginning associate's may be valued at $35 per hour.