Contract lawyering as a career alternative
Contract lawyering can be a viable career alternative - but it's not
for everyone. Before making the move to self-employment as a contract
lawyer, build a solid foundation for success with realistic
self-assessment.
By Hindi Greenberg
he contract practice of law has become a hot
topic for individual lawyers and law firms. Attorneys are looking for a
way to combine their legal background with a different quality of life -
some for a defined short period, others for a longer time or
permanently.
In the present legal market, there is a growing
demand for contract lawyers - lawyers who are paid on an hourly or
project basis by other lawyers. Law firms are revamping their attitudes
and policies about less-than-full time lawyers. No longer are these
attorneys thought to be less worthy. In fact, good contract lawyers
often are envied for their ability to organize and handle complicated
legal matters in a shorter time, thereby creating the benefit of
financial economy for the firm and more free time for the lawyer. And,
although some lawfirms are resisting the growth of alternative work
schedules, contending that proper lawyering cannot be achieved with a
less than full-time commitment, they stand to lose excellent lawyers if
they do not eventually accede to the marketplace realities.
Many people exploring the possibility of working as contract lawyers
desire to use their legal skills, but in a less intensive, all-consuming
style. These lawyers want more time to pursue other interests or
commitments, such as build a business, do volunteer work, attend school,
or spend more time with family.
Some become contract lawyers because they were laid off or fired, or
quit their jobs and need supplemental income until they find another job
or decide what their next career move will be. Numerous small-firm and
solo practitioners who are building their own law practices supplement
their income by performing hourly work for other lawyers who are
overloaded or short on expertise in a given field.
Others want to use skills that aren't appreciated by their current
employer. One law firm associate tolerated her work only because of her
strong relationships with most clients - client relations and customer
service had always been her strong points. Because she wanted to use
those client relation skills, set her own schedule, be involved in a
variety of issues, and receive the respect for her work that was lacking
in her current job, she left her job to begin work as a contract
lawyer.
Determining if contract lawyering is right for you
The reasons for doing contract work are many and diverse, and each
has as much validity as any other. However, there are numerous issues to
consider before deciding to work on a contract basis. An effective
contract lawyer must be at ease walking into an office with new people
and new issues and comfortable being dropped into the middle of an
existing case. When conscientious contract lawyers are confronted with
unfamiliar law, they often remedy that situation by spending time in the
law library, without charge to their client, until comfortable with the
new issues.
An effective contract lawyer must be at ease walking into an office
with new people and new issues and comfortable being dropped into the
middle of an existing case.
To avoid unrealistic expectations by her clients, one contract lawyer
informs the hiring attorney of her level of expertise in any particular
area and lets the hiring attorney decide if she should take the project.
This lawyer once was brought into a pending case just months before
trial and was asked to prepare a complex motion for summary judgment
using volumes of depositions in an area of the law unfamiliar to her.
After acknowledging her lack of experience in the subject area, the
contract lawyer was still given the green light by her attorney-client.
She has learned to handle the trepidation of working in a new practice
area, saying, "You bite down that moment of fear and initial panic and
just get on with it."
Contract lawyers are called upon to handle all kinds of legal and
factual situations on a moment's notice. That's both the thrill and the
terror of doing contract work. It is also the reason that lawyers who
seem to cultivate the most of this work usually have at least two to
three years of practice experience. Additionally, most contract work is
in the litigation arena, often in research and writing, appearances, and
discovery. However, there are transactional lawyers who help compile
real estate documentation, draft contracts and trust documents, handle
parts of probates, work on patent applications, and so on.
Attorneys considering working on a contract basis should consider
these additional points:
- Lawyers who want to be responsible for a case or have ultimate
authority, or who have their ego invested in the status they achieve,
should probably not work on a contract basis. Often the work is
supplemental, most times it is piecemeal, occasionally it could be done
by an experienced paralegal.
- Sometimes the contract lawyer works under less than desirable
conditions - for instance, pulling books off the law library shelves and
copying cases, or reviewing complex files in cramped quarters if the
hiring attorney does not want the files to leave the office.
- If a geographic location is not yet receptive to contract work,
lawyers intending to cultivate work in that area need to determine how
much pioneer energy they are willing to expend to overcome the
traditional objection that "contract lawyers must not be good attorneys
or they would have a full-time job."
- Contract lawyers need to be aware of conflicts of interest when
switching from case to case and firm to firm, always asking who the
parties, attorneys, and important witnesses are and inquiring about the
issues in each case.
- In addition to realistically assessing their experience in any given
area of the law, contract lawyers also must be able to assess the time
needed to complete the project. One contract lawyer was handed a thick
file and assigned to write a motion for summary judgment - in three
hours. The lawyer tactfully informed the attorney-client that that was
insufficient time. Upon review, the client agreed and extended the
approved hours to a more reasonable amount.
- If you are considering a job as a full-time employee, working on a
contract basis in a law firm often is a good way to preview a firm (and
for the firm's lawyers to preview you). Even if you initially do some
work for a firm without thinking about a permanent relationship, some
"romances" do develop, resulting in permanent employment.
- If the firm doesn't require work to be done in its office, contract
lawyers often do their research at the law library and their document
preparation on their own computers. Many provide a finished product,
although some firms want to have the information available on disk or
have their own secretaries prepare the document.
Many contract lawyers do not carry malpractice insurance. This is a
personal decision. But sometimes the supervising attorney's insurance
policy will cover a contract lawyer, especially if the contractor does
not sign documents, but merely prepares them for signature by one of the
firm's insured attorneys. Some contract lawyers request indemnity
agreements from firms with whom they do repeat work. Most wing it and
try to avoid potential problems by not allowing their names on legal
documents of any kind.
Editor's Note: State Bar ethics consultant Keith Kaap advises readers
to carefully review professional ethics opinion E-96-4 before entering
into any agreement involving contract lawyering - either as a lawyer
providing or hiring contract services. E-96-4: Use of Temporary
Attorneys in Wisconsin is published in the February
1997 Wisconsin Lawyer .
Marketing yourself as a contract lawyer
Like all self-employed people, contract lawyers must market
themselves and cultivate new and repeat business. Consider these
marketing strategies:
- Some larger cities have contract lawyer placement agencies. These
agencies make their money by charging the law firm a fee - often double
the amount the agency pays the contract lawyer - for each hour worked.
From an agency, contract lawyers might obtain work on a short term,
discrete research and writing project, be requested to make an
appearance, or handle a deposition, or be assigned to an on-going
project or case that lasts for several months.
- Although it may be fruitful to submit a resume to each of the local
temporary agencies, most attorneys obtain their contract work through
personal referrals and solicitations. Call everyone you know, including
opposition counsel, other colleagues, and classmates, and attend bar
functions to cultivate as many leads as possible. Much of the contract
work comes from solo and small practices, since the bigger firms often
contact their alumni about overflow projects. However, those larger
firms often are more willing to pay a temporary agency to obtain help,
so register with the agencies if you'd like to be placed with a larger
firm or in a niche practice area.
- Periodically call past clients to check if they need any current
assistance.
- Make each client feel that their work is top priority and they are
the most important client. Also, be absolutely timely in completing
projects so that clients never have to worry about missing a
deadline.
- If no longer working on a particular case, contact the client-lawyer
to find out the results of the work you performed, both for your own
education and to indicate your continuing interest in the case.
![Greenberg](/SiteCollectionImages/WisconsinLawyer/1999/04/greenberg.jpg)
Hindi Greenberg was a
full-time civil 1itigator for 10 years, a contract lawyer for six years,
and is the president of Lawyers in Transition, a San Francisco-based
national organization that provides information about career options and
resources in and out of law, including contract legal work. Her book,
The Lawyer's Career Change Handbook, was published recently by
Avon Books.
Conclusion
Although there may seem to be a number of negatives to contract
lawyering, detriments can be balanced by the often interesting incidents
encountered in journeys among many law offices and lawyers.
As in the full-time practice of law, the work done by a contract
lawyer can be interesting, boring, intellectually stimulating, dull,
diverse, repetitive, or a combination of all things good and bad. The
difference is that the contract lawyer can decide with whom to work,
which assignments to accept, and which hours to work in meeting
deadlines - luxuries not usually allowed to law firm employees. Because
of these benefits, and because the staffing needs of law firms will
continue to fluctuate, contract lawyering as an alternative to the
full-time practice of law will continue to grow.
Wisconsin
Lawyer