Published in 2024 Northern California Super Lawyers magazine
By Nancy Henderson on June 24, 2024
For some attorneys, the prospect of sacrificing a steady paycheck at an established firm and going it alone sounds like a recipe for loneliness and financial ruin. But, as these four lawyers point out, it doesn’t have to be that way.
“I am in solo practice, but it’s not a solitary thing,” says Alanna Coopersmith, a criminal defense attorney in Oakland. “I’m really grateful for the community of lawyers that I have—whether it’s covering a case, discussing a case or mentoring. Having a community of my peers has made the experience a lot more frictionless.”
Matthew Colliss, who worked at a firm for 10 years before opening his own family law practice in Walnut Creek, echoes these sentiments. “The greatest piece of advice I heard,” he says, “is: Don’t think you have to do it alone.”
Starting Point
Peter Kyung, Immigration; Sacramento: I started a law practice with a friend soon after passing the California Bar, about 13 years ago. After nearly 10 years, at the start of the pandemic, we decided to go our separate ways, and I started this solo practice.
Matthew Colliss, Family Law; Walnut Creek: I worked as a paralegal at Blum, Gibbs, Davies & Owen in Oakland for a number of years and went to law school while being employed full time. I was licensed in December 2014 and then, about a year and a half later, I stepped out on my own.
Sophia Ahmad, Tax and Immigration; Fremont: I took the bar and then I literally opened shop November 2016; it was never the intention. I went to law school in Dallas and I’m from California, so I wanted to come back. I got some offers, but none that were what I was thinking. I applied to the IRS, and they said it would take a year. So my dad said, “Just open shop.”
Alanna Coopersmith, Criminal Defense; Oakland: I clerked for a federal district court judge for two years, then I worked as an associate at a big firm in New York in the litigation department. I moved to the Bay Area for personal reasons … and got a job as a public defender at the Solano County Public Defender’s Office. I was out of law school probably eight years before I struck out on my own.
Solo Appeal
Colliss: I wanted a change, and I was faced with the decision to try to get another job—maybe closer to home without the commute. But I had young children, and I really wanted more flexibility to set my own schedule. My mom had passed around that time, and I needed time to grieve. I most likely wouldn’t have had that otherwise—with most jobs there’s pressure to work. I also wanted to be in charge of what kind of cases I wanted to do and have financial freedom. You’re only limited by your creativity and willingness to work.
Kyung: At my previous practice, we were really trying to become a pretty large firm, but my vision changed. I’m very happy and very comfortable with where I’m at. I get to decide on the cases that I handle and I have a nice work-life balance. My priorities shifted after I started having kids.
Ahmad: My dad is a CPA and my mom is an EA. They own a tax firm. My dad said, “I’ll give you an office for free. If you like it, great. If you don’t, go get a job.” It’s been almost seven years now.
Coopersmith: I come from a family of small-business people. Both my mom and dad have their own medical practice. [In 2009] I decided to try taking on a combination of paying-clients as well as cases that are appointed by the court. It was a bit of a risk, but I like the autonomy. And it’s exciting.
Into the Fire
Ahmad: I was 25 years old. I had never run a company before, so it was exciting but overwhelming at the same time. I had to learn how to get up and running—everything from how to set up a corporation, how to open up a company business account, file taxes, get on payroll, find software. I did not go to law school here, so I spent a lot of time getting to know the local bar association, the local judges, the local attorneys, just so I could build my network.
Coopersmith: It was sort of existential, creating something from nothing. I had to learn everything—not just the law, but billing and marketing and making my own photocopies. The learning curve was steep as well, in terms of the cases. I spent a lot of time just learning and trying to beef up my skill set and knowledge.
I now can be more selective in which cases I take on, because I’m busier and I can afford to do that. I no longer feel obliged to take on any case that comes through the door. I’ve also learned to vet clients better for viability, which is something that you unfortunately sometimes can only learn through trial and error.
Colliss: The transition was smoother than I imagined, and I think part of that was because I took classes in law school that supported sole practitioners. I also paid attention to the details about how businesses were run within my [previous] firm. It’s all about having systems in place for every task that needs to be done—so it’s repeatable, so you don’t make mistakes that keep you up at night.
Kyung: I started a practice in the middle of the pandemic, so there were a lot of unique challenges. My payroll got cut off because I’d stopped working for the previous firm. We were also purchasing a home and I couldn’t qualify for the loan. It was the worst time to start a new practice.
Pros … and Cons
Coopersmith: Marketing was the least enjoyable, and most daunting, thing for me. I’m more of a natural advocate for other people than for myself. I don’t really like self-promotion. I also wish I’d known how to store cases digitally! It’s more cost-effective to keep cases, and particularly closed ones, in a secure portal in the cloud than in boxes and boxes.
Kyung: Most of my clients had already paid the old firm—and immigration practices work on a flat-fee basis—so I was basically doing work for nearly all of the clients that moved over to my new firm for free. Many of those clients were just extremely thankful. … I think I earned a lot of goodwill through what I did at that time. I do wish I’d known that this is a marathon, not a race. At the previous firm, I was eager to respond to emails at 11 p.m., 1 a.m., 2 a.m., and then as soon as I woke up at 5:30 a.m. I didn’t take care of myself.
I do not do any more defense immigration work. I don’t handle deportation cases. I don’t handle asylum cases. At my old firm, I needed to take on more cases in order to meet the obligations associated with running a firm like that. Now, I have a lot more flexibility.
Colliss: I think the biggest transition was not having an immediate group of other attorneys to talk about a case collaboratively. On the positive side of things, I was pleased and humbled by how the much more experienced attorneys are willing to talk to you and mentor [you]. My biggest regrets are becoming involved in cases that I wish I had the wisdom to stay away from.
Ahmad: Not having a business paycheck, let alone consistent income—that is super scary. Every month, you can make zero dollars or you can make $100,000. Client management was another big challenge. Most of my clientele was older than me, and also happened to be male and immigrants. You get things when you answer the phone like: “You sound too young to be the lawyer, are you the secretary?” Or they would want to fight you on a bill when they know your fees upfront, which they didn’t do to my male counterparts who are older.
Memorable Cases
Colliss: I represented a young man in a parentage case. The parties never married. … He wanted to have a child and, once she became pregnant, they broke up and she left town. She just ghosted him. We were able to locate her, find out details about the birth of her child … and he was able to meet and hold his child for the very first time. But we had to fight for that to happen. It was an uphill battle, because her plan, I think, was for the child to never meet their father.
Coopersmith: When I was first starting out, there was a young man who worked a deli counter, maybe 20 years old. He was charged with aggravated assault for hitting a guy—who was dating his ex-girlfriend—on the head with a brick. A public defender told him his maximum sentence exposure, which scared the daylights out of him. He comes to me and says, “There were three witnesses there who the police never got a statement from, and who my attorney has never got a statement from.” It turned out the other guy attacked him first. With the help of the client and his grandmother, I brought all three witnesses to the preliminary hearing. And the case basically resolved for deferred prosecution if he stayed out of trouble.
Ahmad: A single mom with a special-needs child had gone somewhere else to get her taxes done, and for whatever reason they were done incorrectly. In addition, she had a few years of taxes that were not done. The government did a substitute for return, which is usually in the best interest of the government; you typically owe much more than what would have been the case if you actually filed. That, of course, happened to her. We were able to fix everything: We got the correct amount of tax; we were able to get her wage garnishment [removed]; we were able to get her on a manageable payment plan and stop her from being evicted. She showed up at our office with her son, who’s in a wheelchair, and she made all this homemade food for us as a thank you.
Kyung: My most memorable case was a victim of severe domestic violence. Her kids’ father kicked her so badly with a steel-toed boot that her skin actually tore from her skull. She passed out and woke up in Mexico because he was trying to cover up the abuse. She almost died. Years later, she came to the [McGeorge School of Law immigration] clinic and we sought a U visa. She pulled out a pen from her pocket and handed it to me. I don’t speak Spanish, and she didn’t speak any English. And that day we didn’t have our interpreter. I couldn’t understand why she was handing me this pen, and I kept giving it back to her. She was trying to tell me, in the only way that she could, “Thank you. This is all I can give you.” It broke my heart.
Hard-Won Advice
Ahmad: Customer service matters. Being honest, transparent and realistic with clients helps both you and them. I see a lot of my competition and they’ll tell a client, for example, “I promise you a green card in six months.” Well, you can literally look at the publicly posted times, and for our area it takes two years.
Kyung: Solo practice can be a way to achieve whatever goal it is that the person’s looking to achieve. I understand how daunting it may seem, but it’s not as bad as one might think.
Colliss: When you decide to become a solo practitioner, you have to live your business. If you do good work and people know what you do, and you live your career, I think that creates a natural source of referrals.
Coopersmith: If you’re not enjoying yourself, you’re not doing it right. Why would you go into practice for yourself—be your own boss—if you’re not loving the work?
Considering the Solo Route?
Tips from those who’ve successfully done it
- Talk to other solo attorneys to see if it’s right for you.
- Visualize your plan on paper.
- Build a network of lawyers in your field.
- Don’t be afraid to fire a client if it isn’t a good fit.
- Run your firm the way you want to—it’s a reflection of who you are.
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