Launching a solo law practice is one of the most rewarding — and demanding — decisions an attorney can make. You gain independence, flexibility, and the ability to build something on your own terms. But you also take on every aspect of running a business, from formation to compliance. This checklist covers the essential legal and practical steps for starting a solo practice in Florida.
Choosing Your Business Structure
Florida offers several options for structuring a law practice. The two most common for solo attorneys are:
- Professional Association (P.A.): The traditional corporate structure for Florida attorneys. A P.A. is formed by filing Articles of Incorporation with the Florida Department of State and provides liability protection while allowing pass-through taxation with an S-election
- Professional Limited Liability Company (PLLC): An alternative that offers the flexibility of an LLC with similar liability protections. Formed by filing Articles of Organization with the state
Both structures require that all owners and officers be licensed Florida attorneys. Your choice may depend on tax considerations, future growth plans, and the advice of your accountant. Consult with a business formation attorney before deciding — the structure you choose affects liability, taxes, and operations for the life of your practice.
Florida Bar Requirements
Before you open your doors, ensure you are in compliance with all Florida Bar obligations:
- Your Bar membership must be in good standing — verify at floridabar.org
- Update your Bar record with your new firm name, address, phone number, and email
- Register your firm name with the Bar if it differs from your personal name
- Review the Rules Regulating The Florida Bar, particularly those governing trust accounts, advertising, and fee agreements
The Florida Bar also offers a practice management advisory service for attorneys starting new firms, which can be a valuable resource during the setup phase.
Business Registration with SunBiz
All Florida business entities must register with the Florida Division of Corporations (SunBiz). This applies to both P.A.s and PLLCs. Key steps include:
- File your Articles of Incorporation (P.A.) or Articles of Organization (PLLC) online at sunbiz.org
- Designate a registered agent with a Florida street address
- Obtain a federal Employer Identification Number (EIN) from the IRS
- File an annual report with SunBiz each year to maintain your active status
Filing fees vary by entity type but are typically modest. Failure to file your annual report by May 1 can result in administrative dissolution of your entity.
Trust Account Setup (IOTA)
Florida attorneys who handle client funds are required to maintain an Interest on Trust Accounts (IOTA) account. This is one of the most important compliance obligations for any law practice.
- Open a separate trust account at a Florida bank approved by the Florida Bar
- The account must be clearly labeled as a trust or escrow account
- Interest earned on the account is remitted to The Florida Bar Foundation to fund legal aid programs
- You must maintain detailed records of all deposits, disbursements, and balances — reconciled monthly
Commingling client funds with your operating funds is one of the most serious ethical violations an attorney can commit. Set up proper accounting procedures from day one and consider using legal-specific accounting software to manage your trust account.
Professional Liability Insurance
While Florida does not require attorneys to carry malpractice insurance, it is strongly recommended — and many clients and referral sources expect it. The Florida Bar requires attorneys to disclose on their annual fee statement whether they carry professional liability insurance.
- Obtain quotes from carriers that specialize in legal malpractice coverage
- Coverage amounts of $250,000 to $500,000 per claim are common for solo practitioners
- Consider "prior acts" coverage if you are transitioning from another firm
- Review your policy carefully — understand what is covered, what is excluded, and your reporting obligations
Office Lease Considerations
Your office space — whether physical or virtual — is part of your professional image and affects your operating costs. Consider the following:
- Traditional office: A dedicated space in a professional building provides credibility but comes with lease obligations, typically 1 to 3 years minimum
- Shared office / co-working: A cost-effective option that provides a professional address, conference rooms, and reception services without a long-term lease
- Virtual office: Acceptable for attorneys who work primarily remotely, but verify that your arrangement meets Florida Bar requirements for a bona fide office
Review any lease agreement carefully before signing. Pay attention to renewal terms, common area maintenance charges, and restrictions on signage or use. Have an attorney review the lease if you are unsure about any provisions.
Client Engagement Letters
A well-drafted engagement letter protects both you and your clients. Every new matter should begin with a written agreement that clearly defines:
- The scope of the representation — what you will and will not handle
- Fee structure — hourly, flat fee, contingency, or hybrid
- Retainer amount and how it will be applied
- Billing frequency and payment terms
- The client's obligations, including cooperation and communication
- How either party can terminate the representation
Florida Bar rules require that contingency fee agreements be in writing. Even when not required, a written engagement letter reduces misunderstandings and provides a clear reference point if disputes arise.
Building Your Practice
With the legal and administrative foundations in place, you can focus on building your client base and reputation. A few practical considerations:
- Develop a professional website that clearly describes your services and qualifications
- Establish a referral network with other attorneys, accountants, and business professionals
- Join your local voluntary bar association and attend events
- Invest in practice management software for case tracking, billing, and document management
- Set realistic financial expectations — most solo practices take 12 to 18 months to reach stability
Starting a solo practice requires careful planning, but the reward is a career built on your own terms. The attorneys who succeed are the ones who treat their practice as a business from the start — with proper structure, compliance, and a clear plan for growth.
Get Help with Your Practice Formation
If you are planning to start a solo or small firm practice in Florida, the Law Office of Alan S. Fishman can assist with entity formation, operating agreements, compliance, and the business side of building a practice.
Call (754) 349-3938 or send us a message to schedule a consultation.