What is a Contract Attorney?
A contract attorney is typically hired for their existing expertise on an as-needed basis. They perform a specific function or project for a particular case. A contract attorney can be hired for a long period of time, and yet in the strictest definition of the term, contract attorneys were created to work as needed in the industry. Most commonly, contract attorneys are hired to provide supplemental support to the legal team for a project. Once that project is finished, their contract is over. Contract attorneys do not have the permanent position that a lawyer does on a legal team. Contract attorneys, while they are part of the team on a project, are available for future work down the road. This work, however, may be as a result of the progress of a legal case, or a regularly scheduled event. For instance , many large law firms use contract attorneys to provide supplemental support during major projects such as document reviews, large-scale document production, or e-discovery.
Craig Brown, in the article "Legal Flexibility: The Rise of Contract Lawyers," states that the industry is beginning to recognize the benefits of contract attorneys. "The trend towards temporary staffing of attorneys has been driven by a combination of concerns about high costs, the nature of clients’ demands and an ever more competitive environment among firms of all levels." In the same regard, Rebecca Bond of The New York Times credits the growth of contract attorneys as a way "to help firms meet the demands of clients for lower costs and faster results." With the continued growth a demand for the cost-conscious nature of law firms, the demand for contract attorneys is likely to continue its upward climb.
Duties and Responsibilities
Contract attorneys have many responsibilities and are needed by many different types of companies. Annual corporate mergers and acquisitions, chapter 7 or 11 filings by insolvent companies or even long-term projects needing more hands to help complete them on time are all reasons why companies hire contract attorneys.
As stated previously, the primary role of a contract attorney is to draft and review contracts and agreements for clients. This role is vital to the success of the client organization. Every contract attorney’s goal is to draft an iron-clad contract that the client is happy with and covers all relevant areas of law.
Besides helping a client draw up a contract from scratch, they also help clients with editing pre-existing contracts. Updating a contract or company policy, like an employee handbook, may be needed for contracting purposes as well.
The contract attorney assigned to a specific matter will also review legal documents that are of significance to the company they are working for. They will note any alterations that need to be made, point out any vague language that may be misconstrued and make suggestions on how to improve the document so that it satisfies both their client and any third parties involved.
Legal research is also a core responsibility of contract attorneys. Not only do they need to have a strong working knowledge of business law, intellectual property law, international law, tax law, real estate law and family law, but they also must stay on top of any new regulation changes that may affect their work on client matters.
Depending on what type of organization is hiring them will dictate what exactly their responsibilities will be. For pleasure yachts, they may draft agreements for crew employment or charters. For pharmaceutical companies, they may draft NDAs between the company and a third party such as an investor.
Advantages of Using Contract Attorneys
Cost Efficiency: Engaging a contract attorney on an as-needed basis can be considerably less expensive than employing an in-house attorney year-round. Hiring a contract attorney allows many clients to have a licensed attorney consult with or serve as in-house counsel for a fraction of the cost of hiring a full-time employee.
Flexibility: Contract attorneys allow firms and businesses flexibility in their legal needs. Hire a contract attorney to focus on specific practice areas when a client needs additional help. For example, if your firm finds that you need extra help for an upcoming trial or to focus on a specific area of litigation, consider hiring a contract attorney.
Access to Specialized Skills: With a comprehensive database of attorneys from a wide range of practice areas and backgrounds, Nexus will match any client with a contract attorney that has experience in the required field.
Areas of Law and Circumstances Requiring Contract Attorneys
As a result of the growing recognition of the flexibility and benefits associated with using contract attorneys, all 50 states and the District of Columbia now regulate contract attorneys. Not only are more law firms using contract attorneys, but lawyers are more accepting of working alongside contract attorneys and recognizing them as legitimate members of law firm teams. Contract attorneys are especially prevalent in large law firms because so much work is done on a fast paced, deadline driven schedule. However, contract attorneys are also used by patent and environmental boutiques, not just large corporate firms. Even some solo attorneys are utilizing contract attorneys for projects and other assignments. Contract attorneys are most commonly used when time and cost savings are needed in the areas of electronic document review or compliance with discovery requests. Many complex litigation matters require the review of millions of pages of data and evidence, along with the need to identify key issues, facts and information that need to be organized for use in a deposition or trial. In these scenarios, reviewing documents can be an arduous task for even the most seasoned attorney. Outside of document review projects, contract attorneys are also often used when the need arises for legal research, diligence, writing or proofreading. They are also used on a project basis when there is the need to provide overflow support to a large or small firm on a case or client matter. In short, if you have a relationship with a vendor that offers highly skilled legal professionals, they will be able to quickly address your needs based on their inventory of attorneys skills, experiences and preferences for work.
Skills and Qualifications
Education: The primary requirement for becoming a contract attorney is a J.D. Most contract attorneys have law degrees from American law schools, however, some contract attorneys have foreign degrees or no degree at all. There are many specifications that contract attorneys need to meet in order to work on a government case and foreign degrees do not qualify.
Certifications: Contract attorneys are not required to be licensed or certified. In order to work for the government , they must pass a background check and have no criminal record.
Skills: Contract attorneys must possess skills essential for an attorney at any level. They must be extremely organized, hard-working, and dedicated to the case at hand. They must be accurate, detail-oriented and punctual in order to make sure every detail of the case is properly documented and filed. Contract attorneys frequently work with different attorneys on different cases so it is important that they are adaptable and have excellent verbal and written communications skills.
Complications for Contract Attorneys
Contract attorneys often face an unpredictable schedule as a business necessity to filling in the gap between permanent and temporary employees. These positions often require contract attorneys to be available on short notice, and be willing to accept the number of hours allotted for the project with little decision-making over their workload. Contract attorneys are at times part of a rotating system of contract attorneys, where attorneys may be cycled through according to the availability of work, with some being let go as new contract attorneys come in. Such turnover can lead to a disruptive work environment and diminish teamwork especially if several attorneys are assigned to work on the same project. This process requires hiring the same qualified applicants over and over again, which can result in a strained relationship with the employer. Contract attorneys can find it hard to make connections with colleagues if they are constantly changing jobs. The lack of office structure, such as no cubical or desk, can compound problems. It can be difficult to keep track of current co-workers. Many contract attorney positions provide a first come, first serve basis for seating, so quality seats for work on the same floor or nearby other co-workers may not be guarantee. Further, contract attorneys are typically not allowed access to firm meeting rooms, where more permanent staff are while in the office, or other resources dedicated only for their use.
Employing a Contract Attorney
One of the best places to find a contract attorney is through a referral from someone you know and trust. Ask to speak with the hiring manager or general counsel of the company using a contract attorney and your search will be off to a good start. In addition to referrals, there are several well-known online resources for finding a contract attorney. Most of them work in the following way. You submit your request for a contract attorney online, and then the service sends your request out to their network of contract attorneys, and then the contract attorneys submit resumes directly to you. We do not have a recommendation for one particular service. Each major service has their pros and cons.
In terms of what to look for, here are some suggestions .
Actually, finding a good contract attorney is one of the more difficult parts. Finding a good contract attorney takes the same skill as finding a good internal employee. Once you have found a good candidate, there are several things you can do to help interview and vet the candidate.
First, don’t just look at resumes. Instead, try and find good contract attorneys that are already working for another law firm. They are most likely comfortable with the process and fit for the job. Second, when you interview, give the candidate practice assignments (i.e. fact patterns) to discuss their thinking process. We have discussed a few example assignments in other sections of this post.
Finally, if all else fails, then you might just have to take a chance on someone and "give them a shot."