Some call it contract lawyering. Some call it outsourcing. Others call it freelance.
We are ushering in a new era in the delivery of legal services. Using an independent attorney, by whatever name, is a critical piece of that delivery.
If your law practice is growing, and you need one more attorney, whether for a few hours, a few weeks, or a few months, hiring an independent contract attorney may be your solution.
When you are considering hiring an attorney for a project, here are some next steps to take:
- Meet and talk to the attorney, whether it’s in person or by phone. Call it an interview or call it grabbing a cup of coffee, but nothing substitutes for your gut feeling.
- Request a resume and references.
- Check the state bar. In Georgia, anyone can search the Member Directory, which will show whether the attorney is a member in good standing and whether there is any public disciplinary history.
- Request writing or other work-product samples. These will allow you to evaluate whether the attorney is competent and has the skills you need.
- Request the attorney’s professional liability policy declaration page. Although your own professional liability policy may cover contract attorneys, the independent contract attorney’s own policy could provide you and your client with additional protection if a conflict arises.
- Ask the attorney to run a conflict check. While conflicts are rare, you want to be sure that the attorney you hire does not have any conflicts. And you want to be sure that the attorney will not take a project in conflict with your client. The Supreme Court of Georgia has issued a formal advisory opinion advising “temporary lawyers” to maintain a record of clients of matters worked on in order to evaluate conflicts, so this request should not come as a surprise.
The ABA has recognized that “outsourcing” legal work offers benefits for small firms, allowing them to handle larger litigation matters, and can benefit clients, often reducing costs. See ABA Comm. on Ethics & Formal Prof’l Responsibility Formal Op. 08-451 (Aug. 5, 2008) (Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Services). As with any attorney that you would hire to work for you and that you have “direct supervisory authority” over, you are to take “reasonable efforts” to ensure that the attorney “conforms to the Rules of Professional Conduct.” (Model Rule of Prof’l Conduct 5.1(b)). The tips above will help you begin to know who you are hiring and the level of professionalism that the attorney will bring to your case.
If you are ready to hire an independent attorney, contact me.
Related: What do I tell my client about the independent contract attorney I am hiring?
