The Illinois State Bar Association has released two reports recently that reflect negatively on solo or small firm attorneys. One report (loosely) ties student loan debt and small firm economics to unethical conduct. The other shows that the vast majority of disciplined attorneys are solo or small firm practitioners.

As for that other odd argument about unethical conduct, we’d have a hard time outdoing Carolyn Elefant’s disemboweling of such a logically flawed argument, but the key points are this: anecdotal evidence means little, especially when actual evidence from the Attorney Registration and Disciplinary Commission doesn’t back the theory. It’s a bit reckless to characterize solo firms in this way, and potentially scare the public, when you have only loose data to back your statements.

Recent grad or over-extended BigLaw partner, financial stresses come to many. Just because one has student loan debt doesn’t mean they are more likely to steal from clients. That’s a bit of a jump, isn’t it?

The other report shows that nearly three quarters of all sanctioned attorneys were solos. Nearly 90 percent were in solo or small firms. It’s an interesting statistic, though it is based on a small sample size of 156 sanctions against 155 attorneys (out of nearly 88,000 members of the bar).

This doesn’t necessarily mean that solo or small firm attorneys are more likely to commit violations. For one, we’d be curious to know what percentage of attorneys practice in solo or small firms (is the percentage disciplined disproportionate to their overall presence in the bar?). Also, small firms tend to cater to more consumer-oriented practices, which, of course leads to more consumer complaints. Finally, solos also often have less resources to make aggrieved clients whole, or to fight bar discipline.

It’s been said before: there are lies, damn lies and statistics. The problem is, when it comes to this report, which is it?

Related Resources:

  • Before You Blog, Check Your State’s Attorney Advertising Rules (FindLaw’s Strategist Blog)
  • How to Kick a Client Out of Your Office (FindLaw’s Strategist Blog)
  • Twitter and Google+ Can Help Your Legal Practice (FindLaw’s Strategist Blog)

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