Too good to be true?
Saturday, I had a meeting with a Private Investigator that I met at my old firm. PI Guy brought a huge case to Old Boss and was around the office a lot. We got along really well. Nice guy, middle-aged, smart (enough, but can't spell worth a crap), and he knows a ton of people. He does a lot of legal work and gives legal advice - basically pretends to be an attorney. He's been known to do clients' legal research and write their pleadings. If ever there was a person committing Unauthorized Practice, this is the guy (he's been accused 3 times, but never sued or otherwise sanctioned).
Anyhow, he calls me on Friday to pitch me some cases he's working on, and wants a lawyer to work on. Basically, he's at a stopping point on many of his cases because he can't do hearings. He had a sense of urgency - mostly because he has a forcible detainer case where PI has been helping a home-owner evict a tenant for lease breaches. The thing is, the home is technically owned by the guy's corporation, and a corporation can only be represented by an attorney or an officer of the corp (they haven't appointed officers yet, not that it matters, he's the sole owner) - so the court told him an attorney must file a Notice of Appearance before the judge will grant relief. So I go to PI's office, listen to the facts, procedural history, and current status of the case and give him some of my thoughts. Then came the mind-blowing portion of the discussion.
PI Guy wants to find an attorney, bring them on board, create an LLC, and become business partners. PI Guy will pay my dues, CLE fees, liability insurance, Westlaw access, and front all costs associated with the cases (expert fees, filing costs, law clerk salaries, everything.) I would be salaried initially (to ensure an income), and then once the business gets going (and in any event, less than 1 year), I become an equal shareholder and receive 1/2 of the profits. I get to write the employment agreement.
Obviously, my greatest concerns revolve around being able to competently represent our clients. Most cases are property law, red car/ blue car accidents, employment law, and some criminal work. I've done one case from start to finish - a straightforward car accident case where the insurance company folded and forked over the entire amount of the first demand. So my experience is light to say the least. I am not confident that I would be capable of becoming familiar with all the various areas of law in time to meet the deadlines in some of the cases (there are hearings as early as next week.) For example, in the forcible detainer case - I have no idea what to think about the fact that the corporation hasn't appointed officers yet, but already owns property (hiding assets?) -- Who would I sign the retainer agreement with? -- Would it be valid? -- These are all things I would need to figure out stat. Not to mention having to learn the applicable law for the action itself... It seems a bit overwhelming. But I guess there's lots of pros to learning how to fly a plane while you're building it. I just don't want clients to pa the cost of my inexperience.
What do you think? What would are your greatest concerns/questions? Does it sound too good? Is it a bad idea for a new attorney to jump right into a solo-practice? What obstacles do you foresee? Bonuses? Anyone ever done anything like this? How did it go?
Any and all questions/thoughts/ideas/opinions are welcome (actually, I'm begging you guys on this one.)
I'm supposed to decide soonish.
Anyhow, he calls me on Friday to pitch me some cases he's working on, and wants a lawyer to work on. Basically, he's at a stopping point on many of his cases because he can't do hearings. He had a sense of urgency - mostly because he has a forcible detainer case where PI has been helping a home-owner evict a tenant for lease breaches. The thing is, the home is technically owned by the guy's corporation, and a corporation can only be represented by an attorney or an officer of the corp (they haven't appointed officers yet, not that it matters, he's the sole owner) - so the court told him an attorney must file a Notice of Appearance before the judge will grant relief. So I go to PI's office, listen to the facts, procedural history, and current status of the case and give him some of my thoughts. Then came the mind-blowing portion of the discussion.
PI Guy wants to find an attorney, bring them on board, create an LLC, and become business partners. PI Guy will pay my dues, CLE fees, liability insurance, Westlaw access, and front all costs associated with the cases (expert fees, filing costs, law clerk salaries, everything.) I would be salaried initially (to ensure an income), and then once the business gets going (and in any event, less than 1 year), I become an equal shareholder and receive 1/2 of the profits. I get to write the employment agreement.
Obviously, my greatest concerns revolve around being able to competently represent our clients. Most cases are property law, red car/ blue car accidents, employment law, and some criminal work. I've done one case from start to finish - a straightforward car accident case where the insurance company folded and forked over the entire amount of the first demand. So my experience is light to say the least. I am not confident that I would be capable of becoming familiar with all the various areas of law in time to meet the deadlines in some of the cases (there are hearings as early as next week.) For example, in the forcible detainer case - I have no idea what to think about the fact that the corporation hasn't appointed officers yet, but already owns property (hiding assets?) -- Who would I sign the retainer agreement with? -- Would it be valid? -- These are all things I would need to figure out stat. Not to mention having to learn the applicable law for the action itself... It seems a bit overwhelming. But I guess there's lots of pros to learning how to fly a plane while you're building it. I just don't want clients to pa the cost of my inexperience.
What do you think? What would are your greatest concerns/questions? Does it sound too good? Is it a bad idea for a new attorney to jump right into a solo-practice? What obstacles do you foresee? Bonuses? Anyone ever done anything like this? How did it go?
Any and all questions/thoughts/ideas/opinions are welcome (actually, I'm begging you guys on this one.)
I'm supposed to decide soonish.