Contract attorney: Difference between revisions
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{{Short description|Job career}} |
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{{distinguish|text=an attorney who works on contracts; see [[Commercial law]]}} |
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{{refimprove|date=December 2007}} |
{{refimprove|date=December 2007}} |
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A '''contract attorney''' works on legal cases on a [[contract]] basis. Such work is generally of a temporary nature, often with no guaranteed employment term. |
A '''contract attorney''' is a [[lawyer]] who works on legal cases on a [[contract]] basis. Such work is generally of a temporary nature, often with no guaranteed employment term. |
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A contract attorney is |
A contract attorney is |
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The work of contract attorneys often varies. They can be engaged activities such as [[document review]] in response to a document [[subpoena]]s or [[request for production]] of documents. In such projects, contract attorneys may review tens of thousands, if not millions, of pages of documents and mark them as responsive to a particular request, or protected as attorney [[Work-product doctrine|work product]] or under the [[attorney–client privilege]]. Large firms have learned that contract attorneys can perform this work much more cost effectively than high-priced associates. |
The work of contract attorneys often varies. They can be engaged activities such as [[document review]] in response to a document [[subpoena]]s or [[request for production]] of documents. In such projects, contract attorneys may review tens of thousands, if not millions, of pages of documents and mark them as responsive to a particular request, or protected as attorney [[Work-product doctrine|work product]] or under the [[attorney–client privilege]]. Large firms have learned that contract attorneys can perform this work much more cost effectively than high-priced associates. |
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Many contract, or freelance, attorneys perform [[legal research]], draft [[Brief (law)|legal briefs]], and provide a full range of other services to law firms of all sizes. These attorneys typically work for themselves, rather than for temporary agencies, and provide their services to other law firms on an as-needed basis.<ref>{{cite web |url=http://www.trialhelper.com/Site/Welcome.html |title= |
Many contract, or freelance, attorneys perform [[legal research]], draft [[Brief (law)|legal briefs]], and provide a full range of other services to law firms of all sizes. These attorneys typically work for themselves, rather than for temporary agencies, and provide their services to other law firms on an as-needed basis.<ref>{{cite web |url=http://www.trialhelper.com/Site/Welcome.html |title=Full Service Freelance Litigation Support Information |access-date=2008-02-08 |archive-url=https://web.archive.org/web/20080608051656/http://www.trialhelper.com/Site/Welcome.html |archive-date=2008-06-08 |url-status=dead }}</ref> |
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Some people who hold [[juris doctor]] degrees, but who are awaiting [[Admission to the bar|bar admission]], work as temporary professionals in law firms doing the same type of work as contract attorneys. In other situations, a law firm may, due to a conflict of interest, be required to hire a contract attorney as ''[[Cumis counsel]]'' in certain cases. |
Some people who hold [[juris doctor]] degrees, but who are awaiting [[Admission to the bar|bar admission]], work as temporary professionals in law firms doing the same type of work as contract attorneys. In other situations, a law firm may, due to a conflict of interest, be required to hire a contract attorney as ''[[Cumis counsel]]'' in certain cases. |
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Contract attorneys typically work on a project-by-project basis and are not full-time law firm employees. However, they also develop long-lasting relationships with firms that regularly or semi-regularly send work to the contract attorney. Many small firms find that the use of contract attorneys provides them the flexibility to grow their business without hiring salaried employees. |
Contract attorneys typically work on a project-by-project basis and are not full-time law firm employees. However, they also develop long-lasting relationships with firms that regularly or semi-regularly send work to the contract attorney. Many small firms find that the use of contract attorneys provides them the flexibility to grow their business without hiring salaried employees. <ref>{{cite web|last1=Velazquez|first1=Ashley|url=https://hireanesquire.com/magazine/small-firms-benefit-contract-attorneys/|website=Hire an Esquire|accessdate=7 March 2017 |title= Small Firms: The Benefit of Contract Attorneys|date=24 November 2016 }}</ref> |
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According to the [[American Bar Association]], law firms can add a surcharge to the fees of their contract attorneys so long as the final fee charged to the client is reasonable.<ref>{{cite web |url=http://www.trialhelper.com/Site/ABA_Op._00-420.html |title= |
According to the [[American Bar Association]], law firms can add a surcharge to the fees of their contract attorneys so long as the final fee charged to the client is reasonable.<ref>{{cite web |url=http://www.trialhelper.com/Site/ABA_Op._00-420.html |title=Summary of American Bar Association Formal Opinion 00-420: Surcharge to Client for Use of a Contract Lawyer |access-date=2008-02-08 |archive-url=https://web.archive.org/web/20080608130025/http://www.trialhelper.com/Site/ABA_Op._00-420.html |archive-date=2008-06-08 |url-status=dead }}</ref> Particularly in a slowing economy, the use of contract attorneys gives firms a competitive edge in the marketplace, helping them to control costs while increasing profitability.<ref>{{cite web |url=http://www.trialhelper.com/Site/Freelance_Legal_Services_Preserve_Profit_Margins.html |title=The Myth of Associate Profitability: Why Freelance Legal Services Preserve Profit Margins in an Uncertain Economic Climate |access-date=2008-02-08 |archive-url=https://web.archive.org/web/20080608130030/http://www.trialhelper.com/Site/Freelance_Legal_Services_Preserve_Profit_Margins.html |archive-date=2008-06-08 |url-status=dead }}</ref> |
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==Criticisms== |
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In writing about the disparity between CEO and worker pay, New York Times best-selling author and social critic [[Barbara Ehrenreich]] said, "Similarly, the legal profession, which is topped by law firm partners billing hundreds of dollars an hour, now has a new proletariat of temp lawyers working for $19-25 an hour in sweatshop conditions. On sites like http://temporaryattorney.blogspot.com/, temp lawyers report working 12 hours a day, six days a week, in crowded basements with inadequate sanitary facilities. According to an article in [[American Lawyer]], a legal temp at a major New York firm reports being 'corralled in a windowless basement room littered with dead cockroaches,' where six out of seven exits were blocked."<ref>{{cite news| url=http://www.huffingtonpost.com/barbara-ehrenreich/going-to-extremes-ceos-v_b_49791.html | work=Huffington Post | first=Barbara | last=Ehrenreich | title=Going to Extremes: CEOs vs. Slaves | date=28 March 2008}}</ref> |
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<gallery> |
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File:Contract attorneys in worksite.jpg|Contract attorneys at a typical work-site in Washington, DC |
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</gallery> |
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==Assigned counsel work in criminal defense== |
==Assigned counsel work in criminal defense== |
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In counties without a [[public defender]], or without an [[Conflict of interest|alternate defender]], a |
In counties without a [[public defender]], or without an [[Conflict of interest|alternate defender]], a contract attorney may be hired to do [[Of counsel|assigned counsel]] work. A [[legal aid]] group may be hired to do such work as if a [[Temporary work|temporary work agency]], such as the [[Legal Aid Society]] of [[New York City]]. Other states or counties may have a panel of lawyers who act as contract attorneys. Some critics of this system have accused the method of leading to [[ineffective assistance of counsel]] in [[Criminal law|criminal cases]]. |
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==Contract legal assistant== |
==Contract legal assistant== |
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Latest revision as of 21:31, 28 November 2024
 | This article needs additional citations for verification. (December 2007) |
A contract attorney is a lawyer who works on legal cases on a contract basis. Such work is generally of a temporary nature, often with no guaranteed employment term.
A contract attorney is
An attorney temporarily hired by the law office for a specific job or period. When the job or period is finished, the relationship is over.
— Brent D. Roper[1]
Civil litigation
[edit]The work of contract attorneys often varies. They can be engaged activities such as document review in response to a document subpoenas or request for production of documents. In such projects, contract attorneys may review tens of thousands, if not millions, of pages of documents and mark them as responsive to a particular request, or protected as attorney work product or under the attorney–client privilege. Large firms have learned that contract attorneys can perform this work much more cost effectively than high-priced associates.
Many contract, or freelance, attorneys perform legal research, draft legal briefs, and provide a full range of other services to law firms of all sizes. These attorneys typically work for themselves, rather than for temporary agencies, and provide their services to other law firms on an as-needed basis.[2]
Some people who hold juris doctor degrees, but who are awaiting bar admission, work as temporary professionals in law firms doing the same type of work as contract attorneys. In other situations, a law firm may, due to a conflict of interest, be required to hire a contract attorney as Cumis counsel in certain cases.
Contract attorneys typically work on a project-by-project basis and are not full-time law firm employees. However, they also develop long-lasting relationships with firms that regularly or semi-regularly send work to the contract attorney. Many small firms find that the use of contract attorneys provides them the flexibility to grow their business without hiring salaried employees. [3]
According to the American Bar Association, law firms can add a surcharge to the fees of their contract attorneys so long as the final fee charged to the client is reasonable.[4] Particularly in a slowing economy, the use of contract attorneys gives firms a competitive edge in the marketplace, helping them to control costs while increasing profitability.[5]
Assigned counsel work in criminal defense
[edit]In counties without a public defender, or without an alternate defender, a contract attorney may be hired to do assigned counsel work. A legal aid group may be hired to do such work as if a temporary work agency, such as the Legal Aid Society of New York City. Other states or counties may have a panel of lawyers who act as contract attorneys. Some critics of this system have accused the method of leading to ineffective assistance of counsel in criminal cases.
Contract legal assistant
[edit]A law firm may, under certain circumstances, hire a freelance paralegal, commonly known as a contract legal assistant, to perform many of the tasks that a contract attorney might perform.[6]
See also
[edit]References
[edit]- ^ Brent D. Roper, Practical Law Office Management, 3rd ed., pp. 5 (2007 Thomson Learning).
- ^ "Full Service Freelance Litigation Support Information". Archived from the original on 2008-06-08. Retrieved 2008-02-08.
- ^ Velazquez, Ashley (24 November 2016). "Small Firms: The Benefit of Contract Attorneys". Hire an Esquire. Retrieved 7 March 2017.
- ^ "Summary of American Bar Association Formal Opinion 00-420: Surcharge to Client for Use of a Contract Lawyer". Archived from the original on 2008-06-08. Retrieved 2008-02-08.
- ^ "The Myth of Associate Profitability: Why Freelance Legal Services Preserve Profit Margins in an Uncertain Economic Climate". Archived from the original on 2008-06-08. Retrieved 2008-02-08.
- ^ Brent D. Roper, Practical Law Office Management, 3rd ed., pp. 8-9, 147 (2007 Thomson Learning).