FAQs

The Hired Associate:  What a Contract Attorney can do for your practice

You have been practicing successfully for years without the use of a Contract Attorney.  Why hire one now?

• Your work has increased enough to make you feel overworked but not enough to warrant hiring someone full time

• You had to turn down income producing work because you did not have sufficient staff to handle the matter

• You have conflicting matters set on the same date

• You procrastinate dealing with a matter because you dislike the task or are not interested in it

• You want to scale back your practice so that you have more time to do the things you enjoy

• You have an associate who will be out for an extended period due to unforeseen circumstances

• You need a second chair for trial

• You need to hire a new associate but want to take your time doing your search

• You want to reduce your bills to outside counsel

• You want to become more efficient, profitable and less stressed

I am just a Solo or Small firm, how can I afford a contract attorney?

            Hiring a contract attorney is less expensive than hiring an associate full time.  The savings to your bottom line goes beyond a salary comparison.  Contract attorneys are only paid for the actual hours they bill.  You only pay a contract attorney when you need their services.  Most work from their own offices thus; you do not have any overhead costs for providing office space.  The rates charged may be more reasonable than you think.  We can often be more productive because we do not have the office social relationships that permanent employees do.

How do I know if this contract attorney is any good?

            When you contemplate hiring a new associate, there are no guarantees that the person will ultimately fit into your firm culture or produce good work.  The best you can do is conduct an interview and ask for references.  The same approach applies to hiring a contract attorney.  If you are unsatisfied with their work product, it is a lot easier to simply not hire that contract attorney again versus having to deal with a permanent employee whose performance does not meet your expectations.  Hiring a contract attorney is less of an investment than hiring a permanent associate.

How can hiring a contract attorney help my bottom line?

            You charge $300 per hour to your client for matters on which you work.  You hire a contract attorney who charges you $65 for their time.  You can pass along a savings to your client by lowering your rate, making your client happy but still making a profit.  You have saved time that you can devote to a task you enjoy doing but still have gotten the job done and made a profit without the cost of a full time employee.

What if the contract attorney commits malpractice?

            You should ask if the contract attorney carries his or her own malpractice insurance.  If they do not, you can have them covered on your policy for the work that they do.  Some policies may already have a clause that covers work done by a contract attorney.

What about my client’s confidentiality?

            Contract attorneys are licensed legal professionals just like you.  They have simply chosen a different work paradigm.  They are bound by the same ethics rules that you are.  They have as much to loose by committing ethics violations as you do.

Why is this person doing contract work instead of practicing full time as an attorney, is there something wrong with them?

            There are many reasons why one would choose to do contract work.  It allows for a more flexible schedule, which may be necessitated by personal obligations.  Some may like the autonomy but do not want to hang out a shingle.  Others may simply want to focus on the practice of law and not the business of law.  Still others may not want to have significant client contact or worry about trying to make partner.  Some may have their own practice but supplement their income with contract work until their practice has gotten off the ground.  Many choose to practice in a more traditional setting of a firm, because it suits their lifestyle, personality, professional, or personal goals.  The same can be said of contract attorneys who have chosen a different work paradigm because it suits their lifestyle, personality, professional, or personal goals.

Hiring a contract attorney may negatively impact the morale of my permanent office staff.

            Let them know that the use of a contract attorney is not a threat to their position.  Explain to your staff how the presence of the contract attorney is helping insulate them from projects they would rather not do or how they are keeping them from having to work longer hours or how they are lightening their workload.  This will alleviate their job security concerns and create a better working relationship between them and the contract attorney.

Why would I not just use an agency to find a contract attorney, they do all the weeding out work that I do not have time to do?

            With a contract attorney working outside of an agency, you will always maintain a one to one personal relationship.  That person will always be the one to call you back.  It will be a lot easier dealing with this one person when you have short notice assignments as they can give you an answer immediately as to their availability.  You get to decide if they are right for your needs instead of relying on someone that says “trust me, I will get you someone great”.  This person shows up at your office and much to your dismay, you discover that although they look good on paper, if you had done the interviewing, you never would have chosen them.

We would not want it known that our firm was resorting to using contract lawyers.

Some of the largest firms in the country regularly employ contract attorneys.  Contract lawyers can produce profit for your office.  Rather than increasing your permanent staff in specialties that are hot this year but will not be next year, you can give temporary assignments to contract attorneys whose training and experience meets changing client needs.

If you are in-house counsel, you can use a contract attorney to minimize the cost of using outside counsel without increasing permanent staff.

How can I ensure I have a good experience with a contract attorney?

• Define your needs
• Discuss your expectations about the work product with the attorney
• Depending on the type of project, integrate them into your office by introducing them to permanent staff
• Make yourself available to discuss questions or issues that arise related to the project
• Ensure the person understands your instructions and knows of any relevant deadlines
• Provide the attorney with any support needed to complete the project successfully and make sure your staff knows to assist them
• Pay promptly
• Communicate, Communicate, Communicate

 

Do not let a single bad experience turn you off to contract lawyers and what they can offer you.  A contract lawyer can be the solution to your practice needs.

Antoinette Bone
The Hired Associate
May 2010