Welcome to the MX Legal Blog
Posted by Bob Sayre on Mon, Mar 30, 2009 @ 10:55 PM
Welcome,
Please allow me the indulgence of starting with a bit about my experience and practice. I do not want to make this blog all about me, though I believe it important to provide some context so that you, the reader, can know a bit about the voice behind curtain.
Modern Times Legal is a solo legal practice in Kendall Square, Cambridge, focusing on patent prosecution. Patent attorneys are largely shaped by the firms where they get their start and by the attorneys at those firms who pass down their knowledge. My first position as an attorney was at Hamilton Brook Smith & Reynolds (then in Lexington, now in Concord). I learned a lot of valuable lessons from a bunch of the seasoned patent prosecutors there, particularly from Jim Smith, as his style really resonated with me. As in any profession, it's key to have mentors, though I believe mentoring is unfortunately growing increasingly scarce in today''s billable-hour and near-term-profit-driven legal market. I don't have any associates to mentor, though if I can help others by sharing my experiences and insights here, then I hope to help to fill that need.
When technology became hot and the big general-practice firms used their deep pockets to rapidly put together patent groups to gain entry into the technology markets. With the headhunters swarming the patent "boutiques," and with the alluring bright lights of the big city, I was caught up in this migration, as I joined the ~500 attorney firm, Mintz Levin, in the year 2000. I figured I would spend a couple years there and broaden my experience and training and then see where my accumulated skills and talents would lead me. Large law firms are endlessly fascinating--sometimes inspiring, sometimes disturbing, and usually quite eye-opening. Needless to say, in my seven years of "big law," my eyes were opened, and I learned more than I expected about law, about business, about people and human-nature, and about everything that a lawyer can contribute to society.
Relatively quickly, I learned that developing one's own client base is the key to success for any firm associate--the key in terms of progressing and having any power or autonomy within the firm's structure (as well as the freedom to leave, if need be). Convincing people to hire me was a challenge, as I had no prior sales training. I was an engineer and a writer; I was not a salesman. Though I read a few books and attended each and every marketing seminar the firm provided; and I slowly built a client base. It took years, and neither was I sufficiently prolific "rain maker" nor was I a prolific "biller" so I never put myself on a fast track for partnership, though that was never really my aim. Actually, I really just wanted to continue to learn and develop my skills and to work on interesting cases and draft beautiful claims and spell-binding arguments to get more than my fair share of cases allowed. I was fortunate in that Irwin Heller was the managing partner in my earlier years at Mintz Levin; Irwin held monthly open meetings with the associates where he freely explained how the firm worked and offered lots of advice on how to succeed.
Eventually, as my billing rate (and those of every attorney at large law firms) rose to the stratosphere, I felt increasing tension with clients whose legal budgets were stretched thin despite the best efforts I could make to manage costs. Increasingly, limiting charges in that context meant (a) working off the clock (not easy when you are expected to bill 7 or 8 hours a day) or (b) spending less time in generating your work product (not easy without cutting corners).Neither prospect was satisfying.
So, when I reached the point that I was confident that I could attract enough clients to make for a successful practice on my own, I took the leap and launched Modern Times Legal. If you choose a similar path, you will likely be surprised at how many of your attorney colleagues will tell you they have secretly dreamed of doing the same for years. Though attorneys are, by nature, a risk-averse lot, so perhaps it is not surprising that most never do.
Anyway, in the realm of patent prosecution, the stars aligned at just the right time for me. Traditionally, a support - and resource-intensive practice, patent prosecution only went "digital" on a wide scale in just the past few years. The practice of patent law need no longer be a "paper chase," as the United States Patent and Trademark Office now offers filing and correspondence electronically, which is actually far superior and more reliable than paper filing. And, today, most clients are more than happy to conduct print communication via e-mail. Consequently, a near paperless practice is readily achievable, and a patent attorney with a laptop and an internet connection is well on his way; and he/she can drastically reduce overhead and pass along cost savings to clients. Everyone likes to save money--win/win.
A recent boom in outside service providers enables efficient outsourcing of support services, such as docketing. All in all, I believe it makes for a very efficient and effective business model. Of course, I don't do everything, and I still have talented colleagues with whom I collaborate and to whom I can refer matters beyond my capacity. Are you thinking of launching your own practice? It's certainly not for everyone, as solo practice requires a high degree of discipline, organization and focus. And building a client base isn't easy. Though if it works for you, you will never go back . . . unless, of course, you really want to chase that million dollar annual income--for that stick to big law, as there's little or no leverage in solo practice. Though you can choose and pursue the work you love--whatever floats your boat, which is fabulously rewarding.
Enough about me, I will soon start posting on patent-related topics that I think will be of interest to otherss. Feel free to ask questions along the way--I am here to share.