The Importance of Law School Incubators

By Robin Kester*

May 2016

Incubator

Image via Flickr | CC BY 2.0 

I. What is an Incubator?

“Business incubation is a concept that has proved successful in launching entrepreneurs in fields as diverse as computer software, manufacturing, telecommunications, biosciences, energy and the arts.”[1] Because the legal job market has become increasingly competitive, many recent law graduates are “choosing alternative career paths or being forced to hang their own shingle.”[2] As a result, law schools across the country have more recently started legal incubators to accomplish the following:

[P]rovide the type of practical knowledge and training that young attorneys need to actually provide legal services to clients, and above all operate a business. The incubator model fills the gaping holes in a traditional legal education by providing real world experience in areas like accounting, marketing, business development, and technology within the safe confines of a teaching environment.[3]

In other words, a legal incubator assists new attorneys by providing them with the resources and training to create a viable and successful law practice in a safe learning environment. Incubators are also driven with the purpose to “improve the quality and quantity of legal services offered to low- and moderate-income individuals and communities by addressing their unmet legal needs, while providing much needed support to lawyers who want to succeed in their own practice.”[4] As a result, incubators benefit the community by providing Americans with greater access to legal services.[5]

Fred Rooney, a graduate of City University of New York School of Law[6] (CUNY class of 1986), has been credited by the American Bar Association Journal as being the “Father of Incubators.”[7] He created the first law firm incubator in 2007 at CUNY.[8] Today, there are more than 17 incubators across the country.[9]

II. The Incubator at Elon University School of Law

Elon University School of Law (Elon Law) recently started its incubator in 2016, which is located on 208 Commerce Place, in Greensboro, North Carolina.[10] There are currently four recent Elon Law graduates (Robin Kester, Blinn Cushman, Tyrone Davis, and Kathryn Corey) who share office space and have launched their own solo law practices for an 18 month commitment.[11] The incubator participants are expected to provide at least 300 hours of pro bono or low bono legal services.[12]

Some of the benefits for the incubator participants, much like other law school incubators, include training in the business of running a solo practice, low monthly office rent, training in procedural areas of law, access to mentors, reduced rates or free access to practice management software and legal research, and access to a printer/copier.[13]

Elon Law Dean Luke Bierman said, “Our Legal Incubator accelerates our graduates’ professional maturation to ensure that they provide excellent services that are consistent with Elon Law’s commitment as a hub of learning, lawyering and leadership.” [14]

Elon Law Professor Peter Hoffman oversees and manages the incubator and is a leading trial and appellate advocacy expert.[15] Hoffman said, “The Law School graduates selected as inaugural Elon Law Legal Incubator participants embody the pioneering entrepreneurial spirit of Elon Law students and alumni and join the ranks of former students who have established thriving practices in Charlotte, Raleigh, Greensboro and other cities.” [16]

III. Why Law Incubators are Beneficial to Startups and Small Businesses

There are a few main reasons why law school incubators are beneficial to small businesses and startups. First, the participants in the incubators are entrepreneurs themselves because they have had to go through the same process of setting up a business. For example, the creation of a solo law practice includes many of the same substantive steps as forming any other business including the creation of a business and marketing plan, formation of the business entity with the secretary of state, development of a website, etc. As a result, law incubator participants can relate better to startups and small business owners.

Second, per the conditions of participating in an incubator program, attorneys are expected to meet a low bono/pro bono requirement. As a result, incubator attorneys may charge startups and small businesses at a more affordable rate for legal services as compared to larger firms or more experienced attorneys. “In an incubator, the young attorneys are happy to provide services for low or no cost because they’re gaining invaluable work experience and building up their referral networks.”[17]

Third, within the past few years, startups and small businesses have been springing up all around the country.[18] As a result, there has been a rise in the creation of “coworking spaces,”[19] which provide young entrepreneurs with inexpensive office space, kitchen/snack areas, Wi-Fi access, and conference rooms.[20]

Specifically, Greensboro, NC, has seen a significant increase in the development of coworking space for startups and small businesses, which will create a demand for legal services.[21] The Greensboro Partnership recently opened Collab located in downtown Greensboro on North Greene Street, a building owned by Elon Law. “Collab houses the Greensboro Partnership’s Entrepreneur Connection, a robust collection of initiatives designed to help innovators bring ideas to the marketplace.”[22] HQ Greensboro also recently opened a coworking space on West Lewis Street in downtown Greensboro. Other coworking spaces that have opened within the last few years in the Greensboro area include the Nussbaum Center, The Forge, and Space Logix.[23]

“There are more than 3,500 coworking spaces in the United States now, with the largest being New York based WeWork, a company with 32 locations, 23,000 members and a market cap of $10 billion.”[24] Although law school incubators may not be able keep up with the increasing demand of these small businesses participating in coworking spaces, they can certainly make a difference to some of them by allowing young attorneys to gain meaningful work experiences at an affordable rate.

Image via Flickr | CC BY 2.0

* Robin is a solo law practitioner in Greensboro, NC at the Law Office of Robin L. Kester. She received a B.S. degree in Computer Science from High Point University, an M.S. degree in Computer Science from Wake Forest University, and a J.D. from Elon University School of Law.  Robin’s practice areas include general business formation, technology consulting, contract review/drafting, and providing estate planning services.

[1] The Center for Solo Practitioners – A Lawyer Incubator Program, Thomas Jefferson School of Law, http://www.tjsl.edu/tjsl-alumni/incubator-program (last visited Feb. 20, 2016).

[2] Aaron George, 3 Ways Incubators Are Transforming the Legal Industry, Lexicata (March 5, 2015), https://blog.lexicata.com/3-ways-incubators-are-transforming-the-legal-industry/ (last visited Feb. 20, 2016).

[3] Id.

[4] Touro Law Opens First Law School Incubator on Long Island, Touro Law (Nov. 13, 2013), https://www.tourolaw.edu/News/NewsDetails.aspx?id=206 (quoting Fred Rooney) (last visited Feb. 20, 2016).

[5] George, supra note 3.

[6] Brian Rashid, Fred Rooney: Affording Legal Justice To All, Forbes (Nov. 15, 2015, 9:00 AM), http://www.forbes.com/sites/brianrashid/2015/11/15/how-fred-rooney-is-democratizing-affordable-access-to-legal-justice-worldwide/#6426a8bf3522.

[7] Touro Law, supra note 4.

[8] G.M. Filisko, Law firm incubators help both grads and needy clients, Fred Rooney says, Legal Rebels (Sept. 18, 2013, 1:30 PM), http://www.abajournal.com/legalrebels/article/2013_legal_rebel_profile_fred_rooney/ (last visited Feb. 20, 2016).

[9] Id.

[10] Elon Law announces new law practice incubator, Elon U. Sch. of L., https://www.elon.edu/e-net/Article/125599 (last visited Feb. 20, 2016).

[11] Elon Law announces new law practice incubator, https://www.elon.edu/e-net/Article/125599 (last visited Feb. 20, 2016).

[12] Id.

[13] Id.

[14] Id.

[15] Id.

[16] Id.

[17] Aaron George, 3 Ways Incubators Are Transforming the Legal Industry, Lexicata (March 5, 2015), https://blog.lexicata.com/3-ways-incubators-are-transforming-the-legal-industry/ (last visited Feb. 20, 2016).

[18] Martin Zwilling, A New Era For Entrepreneurs And Startups Has Begun, Forbes (Dec. 25, 2013, 2:36 PM), http://www.forbes.com/sites/martinzwilling/2013/12/25/a-new-era-for-entrepreneurs-and-startups-has-begun/#65ecc86c691d (last visited Feb. 22, 2016).

[19] Gretchen Spreitzer, Peter Bacevice & Lyndon Garrett, Why People Thrive in Coworking Spaces, Harv. Bus. Rev. Sept. 2015, at 28, 30, https://hbr.org/2015/05/why-people-thrive-in-coworking-spaces (last visited Feb. 22, 2016).

[20] Karsten Strauss, Why Coworking Spaces Are Here To Stay, Forbes (May 28, 2013, 1:47 PM), http://www.forbes.com/sites/karstenstrauss/2013/05/28/why-coworking-spaces-are-here-to-stay/#27452efc5a41 (last visited Feb. 22, 2016).

[21] Jeff Sykes, Coworking spaces have room to grow in the Triad, Yes Wkly. (July 29, 2015), http://yesweekly.com/article-20148-coworking-spaces-have-room-to-grow-in-the-triad.html (last visited Feb. 20, 2016).

[22] Id.

[23] Id.

[24] Id.

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