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{Practice, Practice}
January 31, 2010
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M i s s o u r i L aw y e r s We e k ly
Broad versus narrow
The benefits of general and boutique practices By David Baugher
Special to Missouri Lawyers Weekly
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ttorneys don’t officially specialize in Missouri, but they do often gravitate toward a given area of law. Even many generalists tend to focus more on one area than on others. But whether it’s for profit or passion, concentrating on one area of law is a big decision. What are the arguments for broadening or tightening your practice area?
Broad: You can be more selective of clients.
Both generalists and those who focus on one area can choose their clients, of course, but boutique practitioners may find themselves choosing more based on the type of case rather than the client. Brian Mense, a Warrenton solo generalist, says he thinks he can be choosier because of his broad practice. “Being a general gives me a higher opportunity to be picky on who I will actually deal with — simply because you can only be picky when you have enough people to choose from,” Mense says.
Narrow: You can develop a more regular client base.
With some niches, a regular client base can provide security for attorneys. Before he began focusing on issues related to veterans and seniors, Richard Vouga was a general practitioner. “For me, developing that kind of practice was harder than developing the one I have now,” says the Chesterfield solo. “I guess I could never put a handle on how to market and keep business coming in the door on any sort of regular basis. It was much more of a rollercoaster.”
Broad: You can increase your stability by working at a firm.
There are ways to smooth out the bumpy road in general practice, of course. Robert Denlow, a partner at Clayton’s Denlow & Henry, says that for those who choose a firm rather than solo work, the potential instability of generality is less of a problem. “In a firm, someone always has the top of the trough and someone the bottom so it averages out,” he says. “When you are an individual, that’s much harder to do.”
Narrow: You can save on advertising.
When Steve Scott, a Columbia-area attorney, began to focus his practice on representing landlords, he started to notice the unexpected promotional power of a narrower practice. Every at-
torney trades on a good reputation, but boutique practitioners can leverage the power of word of mouth more effectively because they often market to a small, often tightly Steve Scott knit segment of the population, making broad-spectrum advertising efforts less necessary. “I used to have a display ad in the Yellow Pages,” Scott says. “The last couple years, I’ve cut back to a little in-line box that indicates that I specialize in landlord services. The word-of-mouth-factor is incredible. Virtually every new client that comes in tells me, ‘Oh, I was talking to a friend of mine who has some properties, and he told me to come see you.’”
Broad: You can do it all for a client.
Broad: You can enjoy the country life.
Geography can mean a great deal when deciding whether to go deep or go wide. A general practice may be the only answer if you want to set up shop in a lightly populated region. “I have to be general because I am in a rural area,” says Mense, the Warrenton lawyer. “If I try to specialize, I would not have the population pool to concentrate in certain specific areas.”
Narrow: You can be the best.
A good attorney is a good attorney, but becoming well-versed in one part of the legal arena can be a big boost to both your confidence level and your clients’ view of you. “The advantage of a niche is that you can rise to the top of that niche area,” says Denlow, who focuses his work on eminent domain issues. “It’s a great feeling knowing you are really in full command of that area of the law.”
James Owen, an attorney with Springfield-based Hosmer King & Royce, is something of a generalist. That can be a good way to build loyalty, he says, as clients feel confident bringing multiple matters to you. “Once a client comes to you, they are going to come to you for everything,” he says. “Some people just tend to have a lot of issues. If they need a will, they come to you. If they want a divorce, they come to you. If they want to set up an LLC, they go to you. If they have a traffic ticket, they go to you.”
Broad: You can be a people person.
Narrow: You can go on autopilot sometimes.
Narrow: You can reduce research.
Dealing with the same kinds of cases often means dealing with the same issues and the same forms. From an efficiency standpoint, this can present important advantages over a general practice. More automation means more cases, more money and less time spent wrangling with issues at the office. “We’ve developed some automated procedures to handle our cases, and the last couple of years we’ve been filing more than 600 cases a year,” Scott says.
Broad: You can bide time until a transition.
A niche career can take time to build. Even if you eventually want to focus, a general practice can be a good way to pay the bills as you build your client base in a given area of law. Scott, who gradually moved from a general practice to his more concentrated one of representing landlords, says it took years for him to work up to his current case level. Meanwhile, he says, he gained valuable experience from working on a wider variety of cases.
Narrow: You can, in some areas, shield yourself from downturns.
A sour economy can be as tough on attorneys as it is on everyone else. But not all practices are affected equally. Some legal niches can be sheltered from economic headwinds. In fact, some may even thrive during recessions. “This area, I think, is particularly good because there is never any shortage of landlords having problems with tenants,” Scott says. “That’s been particularly true during the past couple of years with the economy being bad and people losing their jobs. They can’t pay their rent.”
A niche practice may mean an attorney finds him or herself dealing with the same client or type of client again and again. That can have advantages, but it can feel confining for those who want to meet a wider segment of society. “You deal with a variety of different people, and I love to work with people,” Mense says. “It’s probably one of the biggest benefits I have in a general law practice. I get to work with all varieties of people from all social classes and knowledge levels.” Generalists often must work on cases they don’t do every day. That means time-consuming sessions hitting the law books when a new or unusual matter comes up. Attorneys Robert Denlow who focus on a given area are less apt to require a refresher course with each new client. “You don’t have to say, ‘I need to go research this and come back a week later,’” Denlow says. “Typically, you’ve already come across this situation in the past.”
Broad: You can relish the challenge.
An area of concentration may provide benefits, but also it can lead to stagnation. For those who like a wide-ranging diet of matters, only the buffet of the generalist will do. “What I like most about the general practitioner aspect is the variety and the challenge associated with the uniqueness that occurs working from various bases,” Mense says. “It’s the challenge because of the breadth.”
Narrow: You can follow your passion.
Practitioners might find they like certain cases more than others. That’s a natural thing, and steering your practice in that direction can allow you to pursue only those cases for which you have a passion. “Choose something you like,” Denlow says. “Choose something you look forward to coming to work in the morning to do.” MO