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Adaptable Focus Is the Key to Long-Term Practice Success

By D. Todd Smith on July 22, 2020
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Fourteen years ago this month, I left Big Law and went out on my own.

I was a “true solo” at first. I was fortunate to find an office sublease downtown, so I wasn’t completely alone. I had a few clients, but no staff, no one to answer my phone, and no dedicated support. I remember it took me an hour to figure out how to print an envelope.

It wasn’t long before I discovered there were other things I shouldn’t be in charge of. I hired a contract bookkeeper and a CPA to steer me clear of trouble with the State Bar and the IRS. My wife started handling administrative tasks that were a poor use of my time, like payables and receivables, dealing with insurance, and getting records from appellate courts. She’s been my firm administrator ever since.

I hustled to get my name out there. I went on a lot of business lunches. I became a student of legal marketing techniques and strategies. I set up a website and started a blog.

Eventually, I realized that a downtown office wasn’t necessary. I found a sublease close to home. We hired a full-time legal assistant. I was no longer a solo. The firm grew to four lawyers with offices in three cities. We offered benefits like a group health plan and paid vacation. We had grown into a bona fide appellate boutique.

Law firms change. That’s one of the few constants in this profession.

I’ve been back on my own—with support this time—for the past year. I cut overhead and ditched all the office space. We’ve maintained long-term relationships with a few trusted vendors, and we’ve brought people in to fill specific roles. Everyone on the team works from home. My executive assistant and our controller have both been tremendous assets during this new phase.

Before the pandemic, we were getting together as a team regularly. We weren’t able to do that for the firm anniversary, but we did host a “Zoom Happy Hour” for our core team and visit with each other and our spouses. It was great to be together, even if we couldn’t do it in real life.

What are the lessons in this tale?

  • Find your niche and stick with it. Become the “go to” lawyer in your practice area by niching down and developing expertise. Plenty of big firms do what I do, but my niche is well-suited to a solo or small-firm setting, and that has worked for me. I have the pleasure of working with a variety of trial lawyers across practice areas and am never bored.
  • Question the “why.” Don’t accept what others consider the normal way of doing things without question. “Because we’ve always done it this way” isn’t good enough.
  • Stay flexible. Planning is wise, but you may need to adjust to new circumstances. Going all-remote before the pandemic turned out to be a great strategy for us.
  • Relationships matter. Treat people well, and you will be rewarded. Investing in your team is never a mistake.
  • Stay determined. Things won’t always go your way. You will have to ride out challenges you didn’t see coming. The ability to persist is critical. Remember why you became a lawyer and apply that motivation to your new circumstances.
Photo of D. Todd Smith D. Todd Smith

D. Todd Smith practices in the Appellate and Written Advocacy Group at Butler Snow LLP, where he represents clients in all phases of civil appeals and original proceedings and works with trial teams from the earliest stages of litigation. In trial courts, Todd…

D. Todd Smith practices in the Appellate and Written Advocacy Group at Butler Snow LLP, where he represents clients in all phases of civil appeals and original proceedings and works with trial teams from the earliest stages of litigation. In trial courts, Todd takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

Todd earned degrees from Texas Christian University (B.S. 1989), Texas Tech University (M.P.A. 1992), and St. Mary’s University School of Law (J.D. 1995). While in law school, he was editor in chief of the St. Mary’s Law Journal and interned with Fifth Circuit Judge Emilio M. Garza (ret.).

Before joining Butler Snow, Todd served as a briefing attorney to Texas Supreme Court Justice Raul A. Gonzalez (ret.) (1995-1997), practiced with Fulbright & Jaworski L.L.P. (now Norton Rose Fulbright US LLP) (1997-2006), and ran his own civil appellate boutique (2006-2021). He is certified as a specialist in Civil Appellate Law by the Texas Board of Legal Specialization and regularly appears on Thomson Reuters’ Texas Super Lawyers list.

Todd frequently writes and speaks on appellate-related topics. In addition to publishing Texas Appellate Strategy, he is the creator, producer, and co-host of the Texas Appellate Law Podcast, a weekly show that demystifies appellate law and pulls back the curtain on the appellate system through conversations with judges, court staff, and practitioners.

Todd sits on the State Bar Board of Directors, is immediate past chair of the Austin Bar Foundation, and is a past-president of the Austin Bar Association. As Austin Bar president (2019-2020), Todd spearheaded creation of the Lawyer Well-Being Committee, which aims to educate, support and connect the Austin legal community to achieve more balanced, mindful, and joyful lives and practices. He also serves on the Judicial Committee on Information Technology, is a trustee of the Texas Supreme Court Historical Society, and is a member of the Robert W. Calvert American Inn of Court.

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  • Posted in:
    Appellate
  • Blog:
    Texas Appellate Strategy
  • Organization:
    Butler Snow LLP

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