Compile a Checklist for Starting a New Law Firm

Opening your own law firm is rewarding but not easy. It will require thorough planning and quite a bit of research. To begin, you should create a checklist of everything you must do before opening your doors. After drafting the checklist, meet with a lawyer who started their own firm recently and ask if you’re missing anything.

Steps

Drafting Your Checklist

  1. Identify steps to create your business structure. Your law firm must have some sort of business structure. In some states, you might be limited as to what structure you can form. Come up with your checklist for deciding your business structure:[1]
    • Find state requirements, if any
    • Analyze the benefits and costs of each potential business structure: sole proprietorships, partnerships, professional corporations, limited liability companies
    • Discuss benefits of each structure with a certified professional accountant
    • Choose your firm name
    • Gather forms to create business structure
    • Find the fee to file forms
    • Obtain a federal Employer Identification Number[2]
    • Register with your state Supreme Court (if necessary)
    • Obtain necessary business licenses
  2. Plan your finances. You’ll also want to include on your checklist the steps necessary for financially operating your law firm.[3] You should consider including the following on your checklist:
    • Consider funding needs
    • Locate sources of credit (credit unions, banks, personal or business loans, etc.)
    • Open a bank account
    • Review ethical rules on safekeeping client property
    • Create a trust account for client funds
    • Enroll your trust account with your state’s bar
    • Draft a budget for the law firm
    • Research malpractice insurance
  3. List necessary overhead expenses. After you create your legal structure, you’ll need equipment to get off the ground and start running your firm. Think about what you’ll need to buy. If you’ve worked at another firm, then identify the equipment you used regularly. Your checklist might read something like this:[4]
    • Locate acceptable office space
    • Consider office sharing
    • Purchase computer and printer
    • Research costs of Westlaw or LexisNexis
  4. Identify all necessary office systems. If you’ve never run a business before, you might be surprised at how much you will rely on computer office systems to make everything run smoothly. You will want to find providers for the following:
    • Email
    • Calendaring systems
    • Accounting software
    • Billing and time tracking software
    • Filing system
    • Conflicts checking system
    • Payroll service (if you have employees)
  5. Make a checklist of legal forms you’ll need. To start your law firm, you’ll need some basic forms. You should draft these ahead of time so that you can devote more time to actually serving clients once you open. Consider the following:
    • Engagement and non-engagement letters
    • Fee agreements
    • Client intake sheets
    • Client survey forms
    • General client correspondence forms and notices
  6. Remember advertising. You’ll want actionable steps to take regarding your advertising.[5] Of course, the type of advertising you use will depend on how much money you have, as well as your practice area. But you should include the following on your checklist at a minimum:
    • Research cost of website creation
    • Have business cards made
    • Design flyers
    • Research paid advertising, such as Google Adwords, Yellow Pages ads, radio ads, etc.
    • Join lawyer referral services (both bar and private referral services)
    • Draft blogs or articles
    • Give speeches
  7. Consider staffing needs. You might need staff—or not. Some lawyers who started their own firms swear that staff is an unnecessary expense, especially when starting out. However, assessing your staffing needs should be on your checklist. As your firm grows, you’ll definitely feel the need for help.
    • Contact staffing agencies
    • Advertise for staff
    • Reassess staffing needs periodically
  8. Don’t forget continuing obligations. Opening a firm is a great accomplishment. But you’ll need to continue to invest time and money to stay credentialed as a lawyer. You should map out the different steps you’ll need to take. Include the following on your checklist:
    • Satisfy Continuing Legal Education (CLE) courses
    • File required corporate forms with your state
    • Renew law license annually
  9. Talk to another lawyer. Find someone who started their own law firm a year or so ago. Ask them to lunch and pick their brain about what steps you’ll need to take in order to open your new law firm. Take a rough draft of your checklist and revise it as necessary.
    • Ideally, you should meet with several people. Not everyone’s experience is the same.
    • You can find new lawyers by asking around or by going onto your local bar association’s listserv. Introduce yourself and ask if they can spend some time talking to you.
    • Get their business card so that you can reach out to them in the future. If you need to hire temporary staff or find administrative office software, they will be a handy source of information.

Setting Up Your Firm

  1. Create your business entity. You can easily create your business entity by completing some forms with your state’s Secretary of State office. To form a personal corporation, you’ll file Articles of Incorporation. To create an LLC, file Articles of Organization.
    • States regulate what form a law firm can take. For example, some states won’t allow you to form a regular corporation. Instead, you must form a “professional corporation.” Read your state’s ethics rules to find out how your firm can form and what kind of business name you can use.
    • If you are forming a partnership, then you should really consult with a business lawyer. You’ll need a partnership agreement in place before you even open your law firm.
  2. Obtain your tax ID. Get your federal tax identification number from the IRS at this website: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online. You’ll need this number to open bank accounts and file your taxes.
  3. Get business licenses. You’ll need a business license from your state tax collector’s office. Depending on where you are located, you’ll also need to get a license from your county or city government. You should call and check.
    • If you want to advertise your legal services, some states might require that you register with your state’s Supreme Court. For example, Illinois has this requirement.[6]
  4. Write your business plan. Lenders will want to see a business plan before extending any credit. However, a business plan also helps you stay on track and reassess your business strategy. You can use this as a guide when drafting your own. Include the following in your business plan:[7]
    • A general description of your law firm. This will help you focus on what kind of law you will practice and who your clients will be.
    • Your financial plan. As best as you can, project your gross receipts and estimate your overhead costs.
    • Partnership or management agreements. If you’re a solo, you won’t need this. Instead, you’ll simply describe how you manage your firm. However, larger firms need to lay out the management structure.
    • Your marketing plan. Here you’ll identify your client base, your methods of advertising, and how you will increase your profile.
  5. Open necessary bank accounts. Once you have your tax ID, go to a bank and ask if you can open a business account. They will want to see your business documents (such as Articles of Organization) as well as your tax ID.[8]
    • Don’t forget to create a separate client trust account. You must deposit retainers and client property in this account. Commingling client assets with your own business or personal assets is an ethics violation, and state bars have begun to crack down on this.
    • Your client trust account must be an IOLTA account, which stands for “interest on lawyer trust account.” Only certain banks have these accounts, so check ahead of time before opening it.
    • In many states, you need to enrolled your client trust account with your state bar association. Typically, you have to fill out a form and mail it to your state’s bar.[9]

Finding Office Space

  1. Consider working from home. Working from home is cheaper than renting, but it isn’t an ideal setup for everyone. It can be awkward inviting a client into your home, and zoning might not let you run a home office out of a residential area. If you want a home office, think about the following:
    • Is your office secure? Many home offices have a door that leads directly into the office. You probably don't want people walking throughout your home.
    • Can clients move around your office? Is it really accessible?
    • Is there a bathroom clients can use? Think about any office you’ve visited—the dentist’s, the doctor’s, etc. There’s usually a bathroom. Where will your clients go as they wait for you?
  2. Find office space to share. Another great option is to share an office with another lawyer. Sometimes lawyers advertise on Craigslist or on a state bar association listserv. It's often cheaper to rent space with someone else.
    • If you share office space, then appreciate the dangers. You must ensure that the public understands that you are not in a partnership with the other lawyer. For example, don’t use the same letterhead or signage.[10]
    • You must also pay heightened attention to potential conflicts. Specifically, you shouldn’t represent clients opposed to clients represented by the other lawyer.
    • Also be careful about sharing support staff. This can create conflicts issues as well.
    • Your state bar association may have published ethics opinions on sharing office space with other lawyers. You should find them and read them before entering this arrangement.
  3. Identify acceptable offices to rent. If you choose to rent an office space yourself, then come up with your list of requirements first. This will save you time by eliminating unacceptable office spaces. Consider your needs:
    • location and proximity to parking
    • size
    • janitorial services
    • cost
    • reputation of landlord
    • location of other attorneys

Purchasing Necessary Hardware and Software

  1. Buy an all-in-one printer. You can find detailed checklists online listing dozens of hardware you’ll supposedly need to start your law firm. Many of these checklists seem to describe the hardware needs of large law firms. If you’re starting out small, then buy “all in one” printer systems that combine printing and photocopying.
    • You can also skip the fax machine. Instead, use a service like RingCentral, which allows you to receive and send faxes by email.
  2. Set up your phone system. Your budget will drive your purchasing decisions. If you are opening a new firm with fifteen employees, then you’ll probably want landline phone numbers for all lawyers and assistants. You will also need voicemail or messaging services.
    • If you're a solo, then you can use a cellphone. Make sure to get a separate cell phone for your business use. You don't want to answer the phone thinking it's your mother when it's really a client.
  3. Invest in a new laptop. It’s best to buy a laptop when starting out. You can use it in the office and also carry it with you when you go to court or travel. If you buy a desktop, you’ll also need a laptop, so it’s cheaper to go with the laptop.
    • You should also dedicate a laptop to your firm and not use it as a personal laptop. You don’t want to accidentally email confidential information or accidentally host something on Google Docs that shouldn’t be shared. You’ll reduce the likelihood of divulging something if you dedicate one laptop solely to work.
    • Remember you need a way to backup client files. Popular backup services include Mozy and Carbonite.[11]
  4. Purchase legal research subscriptions. As a law student, you probably used Westlaw or Lexis, which provides their services to law students for free. If you went to a firm, you probably continued using them without thinking of the costs. As a law firm owner, you now need to consider the costs of buying these subscriptions. Contact a representative and discuss.
    • Pricing information is hard to find online. As of 2015, Lexis provided a teaser rate of about $50 for a solo practitioner to access their state's decisions. This increased in the second year (by about $100) and then increased in the third year to several hundred dollars a month.
    • If you don’t want to buy a subscription, then there are free alternatives. However, you need to research them thoroughly. For example, you can find cases on Google Scholar, but it doesn’t provide anything like the service Westlaw or Lexis. Many bar associations also offer Fastcase. You should use it first to see if it’s acceptable.
    • You can also locate your office near a law library. However, the library might only have leather bound Reporters.
  5. Research practice management systems. There are some “all in one” systems that will handle billing, timekeeping, and conflicts checks. Contact your state’s bar association, which might recommend packages. You also could qualify for a discount if you belong to the bar association.
    • Some of the more popular timekeeping, billing, and invoicing products include Chrometa and Bill4Time.[12]
  6. Create a website. You can design your own website using basic templates. If you can afford to hire a designer, then do so. The more professional your website looks, the better.
    • You can buy domain names from companies like GoDaddy. They also have packages that include email addresses.
    • It's better to have an email that goes to your firm than to a Gmail or Yahoo account. The address Michael.jones@joneslaw.com looks more professional than MikeJ12344@gmail.com.

Tips

  • Many state bar associations publish checklists you can use. They may also provide other helpful information, such as a recommendations of what software to use. Check online.

Related Articles

References

  1. ↑ https://www.thebarplan.com/starting-a-law-practice-in-missouri/
  2. ↑ http://practice.findlaw.com/how-to-start-a-law-firm/how-to-start-a-law-firm-startup-checklist.html
  3. ↑ http://practice.findlaw.com/how-to-start-a-law-firm/how-to-start-a-law-firm-startup-checklist.html
  4. ↑ http://practice.findlaw.com/how-to-start-a-law-firm/how-to-start-a-law-firm-startup-checklist.html
  5. ↑ http://practice.findlaw.com/how-to-start-a-law-firm/how-to-start-a-law-firm-startup-checklist.html
  6. ↑ http://www.illinoiscourts.gov/SupremeCourt/Prof_Serv/default.asp
  7. ↑ https://www.thebarplan.com/starting-a-law-practice-in-missouri/
  8. ↑ http://www.businessnewsdaily.com/87-how-to-open-a-business-bank-account.html
  9. ↑ http://www.okbarfoundation.org/iolta/for-lawyers-and-firms/easy-iolta-enrollment/
  10. ↑ http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/keeping_your_office.authcheckdam.pdf
  11. ↑ http://www.americanbar.org/publications/law_practice_magazine/2011/september_october/popular_cloud_computing_services_for_lawyers.html
  12. ↑ http://www.americanbar.org/publications/law_practice_magazine/2011/september_october/popular_cloud_computing_services_for_lawyers.html
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