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PAGE 12 FOCUS July 12, 2010 • law Times Lawyers finding their niche From video games to wine, practitioners infuse their passions into their work while working BY ROBERT TODD Law Times T he thought of turning a special interest into a niche practice remains a pipe dream for most lawyers. After all, it's one thing to culti- vate a curiosity for a vague sub- ject during leisure time but it can be hard to believe that pas- sion will put food on the table. However, those who have taken the leap and turned their side interest into a law prac- tice say it can be done — and remain profitable — if ap- proached in the right way with the proper zeal. The first and perhaps most obvious step to becoming a le- gal specialist is getting involved. Susan Wortzman, founder of Wortzman Nickle Professional Corp. in Toronto, started her concentration on e-discovery as litigation counsel at a law firm. She gradually gained experience in e-discovery through the files she worked on, got involved with the Sedona Conference, and spoke about the topic at various events. But there came a time when she had to make a decision. "Nobody was referring any work to me because I was at a firm," she says. Luckily for her, when it came time to make a move and hang her own shingle, the groundwork had been laid. "As soon as I opened up our doors, the work just start- ed pouring in, and we were very, very busy," she says. But not all lawyers are will- ing to take the type of risk that Wortzman did in setting up her own shop. Others may look to people like Davis LLP associate four years ago, he received an internal firm e-mail announc- ing plans to establish a video- game law practice. Carsten, himself a longtime video- game enthusiast, jumped at the opportunity and joined the fledgling group. His litiga- tion experience played a big role in the success of the prac- tice, which deals with a high volume of contract disputes between game developers and publishers. At the same time, Carsten A video-game enthusiast, Tudor Carsten jumped at the chance to practise in that area at Davis LLP. Tudor Carsten, who says it's important to keep your head up and look for opportunities to follow your passion. About believes it may be useful for lawyers with specialized in- terests to keep in mind that they need not practise in a single area. On top of his work with the video-game law group, he also focuses on fraud recovery work. "It's certainly a very interest- ing niche that I practise in," he says, advising lawyers to guard against diving too quickly or deeply into a specialized area. "I guess if you feel really lucky and have a fantastic opportu- nity, maybe do that, but to me it sounds a bit crazy." At the same time, proper planning is the best way to guarantee that a specialized practice remains sustainable. Wortzman and her partner Susan Nickle had a clear vi- sion of what their new practice would look like before diving in headfirst. They knew it was important to ensure their shop wasn't viewed as a threat to ex- isting law firms, so they opted to focus solely on e-discovery while refusing to get involved in litigating cases. "We have made it clear that we are absolutely not going into the courtroom," says Wortzman. "We'll come in, you can hire us at the beginning of a discovery process and say goodbye to us when the discoveries are over . . . and we're not interfering in your case or your client." Wortzman maintains that sticking to a strong business plan is paramount in order to start a new practice off on the right foot. 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