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Valerie Farris
Valerie Farris
Seattle Small Business Lawyer
Seattle, Washington
Posted by Valerie Farris, Seattle, Washington | Mar 20, 2008

Subscribe to Community-wide general discussion Let's Talk about Lawyers

In my encounters with folks through Biznik and beyond, a common theme emerges when they discover I'm a lawyer. People have all sorts of preconceived ideas about what lawyers are "like," and I guess I don't really fit that mold!

I'm also hearing lots of people say they are intimidated by the process of finding a lawyer, or just by lawyers in general.

What are you general assumptions or ideas about lawyers? What tools would be useful to you as you look for a lawyer to represent your small business?

I'm hoping to gather lots of useful questions and answers to put into a future article about "how to find a lawyer without losing your mind," or something along those lines.

Thanks in advance for your input!


16 Bizniks have posted replies

  • Arthur Torelli
    Posted by Arthur Torelli, Seattle, Washington | Mar 20, 2008

    Most of the attorneys that I know specialize in an area of law. What's your specialty? Art T.

  • Valerie Farris
    Posted by Valerie Farris, Seattle, Washington | Mar 20, 2008

    Hi, Art,

    I represent small businesses, their owners, and individuals. In the small business arena I handle corporate formation, drafting contracts, contract litigation, employment law, etc. With individuals, I do mostly estate planning. Our firm covers many practice areas, including intellectual property, contracts, business, real estate, estate planning, employment law, and education law, to name a few.

    Best,

    Valerie

  • Priya Cloutier
    Posted by Priya Cloutier, Edmonds, Washington | Mar 21, 2008

    The Washingtain State Bar prevents lawyers from posting a specialty, unless one is a patent lawyer. Lawyers can say that their practice is limited to a certain area.

  • Arthur Torelli
    Posted by Arthur Torelli, Seattle, Washington | Mar 21, 2008

    See Priya, that's a very lawyer like answer and a part of the problem expressed in the question. I know that about Washington but that's not the way lawyers practice. Art T.

  • Molly Gordon
    Posted by Molly Gordon, Suquamish, Washington | Mar 21, 2008

    Hi Valerie,

    Boy, are you asking the right questions!

    Given that your represent small businesses, their owners, and individuals, asking Biznik members what they DON'T like about finding/hiring/dealing with a lawyer is the best possible first step to crafting a marketing message that really works.

    So, here's my two cents.

    I hate feeling like I am paying top dollar for a lawyer to fill in a few blanks on a template and push "print." I don't mind paying for the consultation time. I respect the need for an attorney to ask questions and spot areas that need attention. But paying the same rate for the production of documents leaves me feeling ripped off.

    The other thing I dislike is feeling like every time I bring a situation to my attorney, she "awfulizes" it. I realize she is there to protect my interest, but is it really necessary to approach everything from the worst case position?

    Hope this helps!

  • Valerie Farris
    Posted by Valerie Farris, Seattle, Washington | Mar 21, 2008

    To clarify, I simply identified my practice areas - not specialities. That was Art's language, but thanks, Priya, for pointing out that I should have specifically spoke to that issue, as well.

    Molly - I appreciate your feedback! In representing individuals and small businesses, our firm is happy to simply advise, or to do everything, "soup to nuts." While it's true that some document production may simply mean filling in the blanks, most of the documents we (meaning my firm) produce are from scratch. Regarding the gloom and doom mentality, I do think some of that is a matter of personality! However, some of it is designed to fully inform the client of all the possible outcomes of a situation. We are required under the rules of ethics to do that. and the flip side of that coin is going to a lawyer who promises the moon and then falls very, very short of that in the end.

    I hope you don't mind a follow-up questions...how could a lawyer approach that last situation - making sure her client fully understands the risks and full range of possible outcomes - without making the client feel as though she's "awfulizing" it?

    Thanks, y'all!

  • Molly Gordon
    Posted by Molly Gordon, Suquamish, Washington | Mar 21, 2008

    Yes, I certainly understand the importance of giving the client complete information.

    For me, it helps when a lawyer reminds me that it's her job to point out all the potential pitfalls and trouble spots. It would help to to have a conversation about what a contract (for example) can and can't do and what I might consider in deciding what level of trust is appropriate in a given situation.

    Hope that helps.

  • Mark Silver
    Posted by Mark Silver, Portland, Oregon | Mar 22, 2008

    Great questions, and great answers.

    I guess I have the same reaction around the forms. For instance, I once had a conversation with a lawyer about incorporating our business. She quoted me a price of $1500.

    We then had a conversation with our accountant, and I then looked up a book (used on Amazon for $8) that was specific for Oregon, found all the paperwork online, which was very straightforward, sent the state a check for $50, filled out the paperwork, followed the instructions, and sent it in.

    That definitely left me wondering "Why $1500?" I'm sure there are things that the lawyer did, and there may have been things I might've missed, but that's my impression of lawyers in small business.

    And this despite having a generally good impression of lawyers- several of my cousins are lawyers, and I like them. :)

  • Theresa  Petrey
    Posted by Theresa Petrey, Ellensburg, 2nd Office in Burien, Washington | Mar 26, 2008

    First, hello to Priya and nice to meet you Valerie!

    Mark, I really like Client self help in certain areas. But, it really is the rare client who actually makes it all the way through the entire process without stumbling somewhere. That's where lawyers come to the rescue.

    As to the awfulizing, I have to say that all my existing and pre-trial business and probate litigation cases have client self help mistakes underlying or exacerbating the situation. Hypothetically speaking, fifteen hundred dollars is a bargain when compared to the $15,000 that can be necessary just to evaluate and prepare a case for pre-trial and the $150,000 that could be the potential pay out to the opposing party.

  • Valerie Farris
    Posted by Valerie Farris, Seattle, Washington | Mar 26, 2008

    Theresa, thanks so much for jumping in here - and my apologies for not checking the thread earlier! I couldn't agree more with your point that paying an attorney to do certain things, while expensive to the client, can actually save you thousands in the long-run. I can't begin to describe how many of my clients are in a bad spot because of an honest mistake they've made - usually when trying to save money by NOT hiring a lawyer!

    Mark - Theresa's point is part of my answer. The rest is that in the corporate formation process (since you brought up that example), you aren't paying the lawyer simply to fill out the forms - you're paying for their expertise, knowledge, and advice regarding different corporate forms. You're also paying for all the small details they know, due to previous experience and clients, and for their analysis of your situation. I've implemented a flat-fee structure for corporate formations and estate planning, and I find that after the initial hesitation, my clients much prefer this! They don't hesitate to call me when they have a question, because they know it's not adding to their bill. And if I make a mistake on the first go-round, they're not paying for it when it takes me 10 hours to do something that should've taken 5.

    Just a few thoughts in response...I so appreciate everyone's honest feedback!

    Best,

    Valerie

  • Molly Gordon
    Posted by Molly Gordon, Suquamish, Washington | Mar 26, 2008

    Valerie, your assessment and your approach to charging for basic corporate formation work makes a lot of sense. Thank you.

  • Jeff Fisher
    Posted by Jeff Fisher, Portland, Oregon | Mar 26, 2008

    Over the years I've had many lawyers as clients. My partner is also the business manager for the local office of a large national law firm. In addition, I work the attorneys of clients in regards to trademark and copyright issues. So, much of my work is with lawyers - as is much of the socializing in my personal time.

    In general, I have a very positive perception of lawyers as many are friends - but have run across a few "bad apples" on occasion.

    I tend to get a lot of requests for referrals from other small business owners when it comes to seeking lawyers for their own purposes. For many, I think just the thought of seeking out a lawyer is overwhelming - especially if simply opening the Yellow Pages or some other directory to find one. It's great to have a personal recommendation from someone you know and trust.

    • J.
  • Valerie Farris
    Posted by Valerie Farris, Seattle, Washington | Mar 26, 2008

    Molly - thanks for your feedback, I appreciate it!

    Jeff - I agree wholeheartedly. I've come to realize over time that I will never recommend my friends, family, or clients call someone I can't say that I know well enough to trust. The flip side of that is that I invest in relationships with other folks out there, so they can get to know and trust me - otherwise, how can I expect a referral?!

    It's true that there are bad apples in the legal field - just like any other field. The difference is that if you meet a "bad apple" in the grocery store, or at a restaurant, generally the only impact they have is to make you momentarily annoyed or grumpy. Lawyers, on the other hand, are dealing with issues that are hugely important to our clients - whether it's an issue of money, relationships, business, or otherwise. So when a bad lawyer comes along and screws it up for you, the fallout can be enormous for the client!

    Thanks again, everyone, for the insight!

  • Mark Silver
    Posted by Mark Silver, Portland, Oregon | Mar 26, 2008

    Hi Valerie,

    Yes, your flat fee charging does make sense, and I appreciate your response.

    I do know that I would be paying for expertise and experience and etc. I was just wanting to give you the questions/objections that rise up in my mind. It's up to you, as a the marketer, to meet me there. :) As it's up to me, to meet my clients there, even if my answers make 'sense' they still might not land well if I don't answer what's going on for them.

    For instance, as a DIYer, I would respond well to a lawyer who, instead of saying that she charged me a flat fee of $1500 to do everything, would notice that I'm DIYer (by asking some questions, perhaps. :)) And then offering a package that included a step-by-step guide for filling out your own incorporation papers, the corporate notebook, etc, etc, everything I need to understand it, and then also offered to go over what I came up with, to 'vet' it.

    I would've been willing to pay several hundred dollars for a package like that at the time- to know for sure that I was doing it right, that I had someone watching over me, and knew that I wasn't missing anything.

    But, to have an all-or-nothing offering of $1500 versus no help at all... especially when I found out it just wasn't that hard to do, once I had the right information... well, let's say I didn't come away feeling like an equal partner in the exchange.

    I'm just offering this up in case it gives you some insight into how clients like me- small business owners, might be thinking. I hope it helps!

  • Valerie Farris
    Posted by Valerie Farris, Seattle, Washington | Mar 26, 2008

    Mark - I love that idea! I'm going to noodle around with it and see what I come up with. Same idea - flat fee, but a lower rate that includes a one-hour consultation/meeting to get you pointed in the right direction, and then a review of your documents once you've completed them. I'll have to figure out how to allow for the fact that some clients will do everything right the first time around, while others will need much more work. But it's a good start. Thanks!

  • Mark Silver
    Posted by Mark Silver, Portland, Oregon | Mar 26, 2008

    You're welcome! I think what happens for me, and perhaps you, and other specialists, is that we end up creating huge big offerings built on the depth of our specialist knowledge. And the clients just don't need that much, unless they are in something deep.

    So we end up 'kitchen sinking' them- that's what I call it, offering, and charging for, everything, including the kitchen sink.

    But, if I had spent $400 on a lawyer to get going, and then ran into a problem a year down the road, and needed a lawyer, guess who I'd be calling?....

This forum is unmoderated, but please keep discussion courteous and not too far off topic.

Members posting in this topic

  • Arthur Torelli
    merchant services / credit card...
    Seattle, Washington
  • Valerie Farris
    Seattle Small Business Lawyer
    Seattle, Washington
  • Priya Cloutier
    business and litigation lawyer/patent attorney
    Edmonds, Washington
  • Molly Gordon
    Small Business Coach
    Suquamish, Washington
  • Mark Silver
    Business Tenderizer
    Portland, Oregon
  • Theresa  Petrey
    Theresa Petrey
    Business and Probate Attorney
    Ellensburg, 2nd Office in Burien, Washington
  • Jeff Fisher
    Engineer of Creative Identity •...
    Portland, Oregon

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