as a lawyer, what does it mean to be a contractor with a law firm?

by Fay Jacobson 9 min read

Contract attorneys generally specialize in either crafting contracts or representing clients in contract disputes. (Getty Images) When two or more people strike a bargain, and each party to the agreement promises to give something up in order to get something else in return, those individuals have created what is known as a contract.

Full Answer

What does a contract lawyer do?

Do I Need a Lawyer for Any Issues with an Independent Contract? As can be seen, there are numerous legal issues that may arise from a worker’s status as an independent contractor. Therefore, if you are an independent contractor, it is in your best interests to consult with a well qualified and knowledgeable contract lawyers .

Do I need a contract lawyer if I'm an independent contractor?

Sep 13, 2017 · Law firms hire contract lawyers when they need quick help or specialized expertise. When a law firm suddenly finds themselves with an increased workload or a variety of other reasons, contract lawyers come in to help alleviate …

When do law firms hire contract lawyers?

Within the legal world there are many highly complex projects that are being handled by lawyers working under contract as a matter of choice. There are essentially two approaches to doing contract legal work: locating work on your own or working through a firm or staffing agency. The following FAQs are primarily focused on the former scenario ...

What are the different types of contract lawyers?

Apr 25, 2020 · A contract is an agreement between you and one or more people lawfully binding you all to some agreement. Contracts pop up in personal and business transactions, and it’s important to make sure they’re done right. If you need a contract, consider hiring a contract attorney to facilitate the process.

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Why do law firms hire contract lawyers?

When a law firm suddenly finds themselves with an increased workload or a variety of other reasons, contract lawyers come in to help alleviate problems or weaknesses that a firm is experiencing. There are some law firms that use contract work as a way ...

Where do contract lawyers work?

Contract lawyers may go directly to the law firm or in-house legal department for work while others are staffed by an agency. They may also go by a different name, including staff attorney, contract attorney, consultant, litigation support attorney, document review attorney, eDiscovery attorney, of counsel, or non-partner track attorney. ...

Do contract lawyers roll in money?

Unfortunately for contract lawyers, this means they aren’t exactly rolling in the money themselves. Contract lawyers must tread lightly. While there is great freedom in being able to pick up work when wanted or needed, there is a sacrifice in the quality and compensation.

Is contract work popular?

Contract workers are becoming an ever increasingly popular option for companies so it is no surprise that lawyers are being contracted as well. You will come across contract attorneys in just about every aspect of the law. They are becoming more popular as an option for law firms when the stability of the legal industry wavers.

What Does a Contract Attorney Do?

A contract attorney draws up and revises legal documents and contracts.

How Do I Know If I Need a Contract Attorney?

In legal contracts, the wording and format often have to be very specific to be legally binding. Working with a contract attorney will ensure that your documents are legal, admissible in court, and are free of loopholes.

What Type of Attorney Should You Hire?

If a company is looking for a lawyer for business contracts, it is probably worth the time and effort to do a little background research before spending money to have an attorney on retainer. It is becoming more and more common for attorneys to end up specializing in specific issue areas, as opposed to working on all different areas of the law.

How Much Does a Contract Attorney Cost?

Many contracts attorneys charge by the hour to write, review, or consult on legal contracts. In addition, sometimes attorneys use flat rate services, often for matters that don’t require excessive effort. The rate that you’ll be charged depends on how your lawyer bills, where you live, and what type of matter you’re dealing with.

What Should I Expect from Working with a Contract Attorney?

When your document is finished, you should expect that it is legally binding and will hold up in any court of law. Your contract attorney should make sure that you understand all of the terms you’re agreeing to and that you’re comfortable with the entire contract.

When to Hire a Lawyer for a Business Contract

One of the first steps to take after registering your business is putting a lawyer on retainer. You might enter into agreements and contracts throughout the course of your business that include unexpected obligations. Contract breaches, either on your part or on the other person’s part, can cause serious problems or even bankruptcy.

When You Absolutely Must Hire a Lawyer

You don’t always have to hire a business contract lawyer. However, before signing a business contract, always have a lawyer look it over and confirm that you’re getting what you expected. This doesn’t mean that the lawyer has to be there when the contract is signed, but at some point, before that, he or she must go over all of the clauses.

What is independent contractor treatment?

Independent contractor treatment offers the benefits of: No agency liability for the acts of your employees (whether driving a car on company business or legal malpractice liability); No federal and state discrimination laws covering only employees; and. No fringe benefit, pension, retirement, or other plans. ...

What are the benefits of independent contractor?

Independent contractor treatment offers the benefits of: 1 No income tax withholding; 2 No employment taxes; 3 No agency liability for the acts of your employees (whether driving a car on company business or legal malpractice liability); 4 No federal and state discrimination laws covering only employees; and 5 No fringe benefit, pension, retirement, or other plans.

Is a lawyer an independent contractor?

If you hire a lawyer for a few hours of consulting, a flat fee assignment or a contingent fee case, you won’t think twice. Your lawyer is surely an independent contractor. But in other cases it may not be so clear. The distinction matters and big bucks and liability can be at stake.

Can lawyers be targets?

Lawyers can be prime targets, and in some cases, they get caught. Take Donald G. Cave A Professional Law Corp. v. Commissioner, where the U.S. Tax Court held an incorporated law firm's sole shareholder, his associate attorneys and law clerk were all employees.

Is counsel lawyer an independent contractor?

Are of counsel lawyers independent contractors or employees? With all these factual and legal variations, it is no wonder there is no standard treatment for of counsel lawyers. That means no standard treatment for purposes of income and employment tax withholding, as well as the many labor and employment law, insurance, contract, and liability considerations that factor into the employee versus independent contractor dichotomy.

Is it safe to say that the overarching consideration in these worker characterization disputes is whether the employer has the

While generalizations are dangerous, it is relatively safe to say that the overarching consideration in these worker characterization disputes is whether the employer has the right to control the worker.

What is a professional?

A professional anticipates problems and needs and then devises solutions, thinks through alternative paths to goals, and provides clients with advice they can understand and put to use. A professional isn’t satisfied with second-rate work and half-efforts; a professional strives for more.

What does professionalism mean in the workplace?

At its most superficial, professionalism is about appearance. This means that you’re dressed and groomed appropriately for the workplace, which in turn demonstrates you understand and respect workplace culture.

What is professional behavior?

Second, professionalism is about behavior. This means that you behave appropriately for the office place and as an employee representing your employer. We sometimes refer to professional behavior as “office etiquette” or “business etiquette.”.

What is an "of counsel" attorney?

For an "Of Counsel" attorney functioning as a salaried consultant, there may be a variety of bonus configurations, including those based on billable hours, billed and collected revenue, or percentage of contingency awards. The "Of Counsel" attorney could be given profit participation in the firm, which is often coupled with a straight gross revenue share of the fees paid by the attorney's clients. You can hire "Of Counsel" attorneys as independent contractors, as well. Frequently "Of Counsel" attorneys are provided with office space, administrative assistance, and medical or other benefits.

What is an affiliation of counsel?

An affiliation that amounts to no more than a referral relationship, or that involves only one case, does not merit "Of Counsel" designation.

Is an attorney a partner or associate?

But because the "Of Counsel" attorney is not a partner or associate of the firm, some authorities find it only logical that the rules regulating division of fees between lawyers who are not in the same firm apply to the "Of Counsel" relationship such as in Arizona, California, and Maryland.

Can you hire an attorney as an independent contractor?

You can hire "Of Counsel" attorneys as independent contractors, as well. Frequently "Of Counsel" attorneys are provided with office space, administrative assistance, and medical or other benefits.

Can a lawyer pay a bonus in Los Angeles?

In Los Angeles County, a firm should not pay to an "Of Counsel" lawyer a bonus computed as a percentage of profits from referred business, and should not pay any bonus without client consent. You should check your state's ethics opinions to see if they allow unrestricted compensation arrangements, or whether limits apply.

Can an attorney be compensated by a salary?

Under this view, an "Of Counsel" attorney can be compensated by, for instance, a salary or payment of retirement benefits. In other states, ethics opinions have imposed some restrictions on methods of compensating "Of Counsel" attorneys.

What is the advantage of being an attorney?

The advantage for the attorney is job security – they know that they’re valued by the firm and won’t be pushed out at the end of a certain number of years (as associates who don’t make partner typically will be).

What is a part time lawyer?

A part-time practitioner who practices law in association with a firm, but on a basis different from that of the mainstream lawyers in the firm. Such part-time practitioners are sometimes lawyers who have decided to change from full-time practice, either with that firm or with another, to a part-time one, or sometimes lawyers who have changed ...

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