New York Personal Injury Law Blog: What Is A Solo Practitioner?

Eric Turkewitz, The Turkewitz Law Firm, New York, NY  

Friday, March 7, 2008

 

What Is A Solo Practitioner?

Over at Susan Cartier Liebel's Build a Solo Practice she puts out a couple of statistics I hadn't seen before:
Solos comprise more than 50% of all private practice attorneys in the country. In some states, like New York, they are as high as 81%.
With such a huge predominance of BigLaw in the news, I never realized that I was actually in the majority, not the minority.

But the stats lead to different questions, starting with this: What, exactly, is the definition of a solo?

Does this mean one lawyer, and one lawyer only (along with support staff)?

Or does solo mean that there may be a few associates, but 100% of the equity (and responsibility and liability) of the firm sits with one person?

What definitions are used to create these stats, and what definition should be used?

I'm not going to pretend I know what the "right" answer is, though I think that the element of 100% of the risk is more important than 100% of the work. This is especially true given that many solos may outsource some work when times get busy, creating a vast gray area of per diem, "of counsel," and part-time lawyers that make precise definitions difficult. I just don't know how any of this is factored in when statistics are compiled.

And I am more than a bit curious as to what others think, and with that, here is a shout out to:
I hope to hear back on other blogs and in the comments here.

Update - Responses:

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Comments:
Eric,

It is a good question. I'm not sure of the answer. One principal attorney functioning alone, functioing with non-JD support staff of indeterminate number, sourcing out to contract attorneys on a case-by-case basis while maintaining 100% equity position in the firm makes sense to me.

One or more partners with JDs, even without support staff is not so there is an equity component as well as a 'shared work' component.

Therefore, does a 100% equity owner with 'associates' on the payroll who function as attorneys still qualify as a solo?

100% equity and sole attorney status within their firm would appear to be the equation...but I leave it up to finer minds to debate.
 
But if that's Susan's stat, then doesn't Susan have to define it and/or source it?
 
I posted on this at my blog here - http://www.myshingle.com/2008/03/articles/solo-practice-trends/whats-a-solo/
 
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