ABA Journal

Of course they’re enthusiastic about contract lawyers.  What firm wouldn’t prefer to pay just a straight hourly salary and no benefits instead of annual compensation, health, dental, vision, 401-K, workers’ comp, social security and vacation—and fewer to no pesky discharge issues, training costs, permitted client contact or partnership track fantasies to nurture?

By AndytheLawyer on 2010 06 22, 9:48 am CST

Plus they’re so cute when they’re all lined up in cubicles.

By Tim on 2010 06 22, 11:11 am CST

>>Law Firms Express ‘Growing Enthusiasm’ for Contract Lawyers<<

“Growing” enthusiasm for substandard wages with no benefits, bonuses, maternity leave, etc.?? 

More like “orgasmic” enthusiasm.

By Sallie Mae on 2010 06 22, 12:55 pm CST

Shame on the ABA for not speaking up for contract attorneys and for promoting outsourcing.

By Hank on 2010 06 22, 3:01 pm CST

Contract lawyering is the best of both worlds, from what I can tell.  No - I am NOT talking about 80 hour a week contract document review projects, but rather, real substantive legal research that lawyers can handle part time. 

When I started my firm, I had several part time contract assignments where I did substantive work (one for the federal government where I handled administrative hearings, depositions and appeals), for 20 hours a week, as well as of counsel positions for a large DC firm and a DC based solo.  The contract work was moderately interesting, but it gave me a stream of revenue so that I could develop my own practice with the luxury of picking and choosing my clients.  Granted, I was married so benefits were not as importantly but frankly, with the steady stream of income, I could have afforded decent health care.

By Carolyn Elefant on 2010 06 22, 3:24 pm CST

A friend of mine is a contract lawyer and it is tough getting gigs and the businesses who manage the contracts prey on the lawyers with low hourly wages and at times poor working conditions.  Tough work.

By Surfdog on 2010 06 25, 7:02 am CST

I started my career as a contract lawyer in Charlotte, North Carolina.  I was paid decent money ($30 per hour during the week and $35 on the weekends) and was allowed to work as much or as little as I wanted.  With this flexibility (coupled with my receipt of health benefits from my wife’s company), I was able to develop a practice without too many hassles.  I HIGHLY suggest the contract route for those attorneys fresh out of law school who aren’t able to obtain a law job that will pay them the salary they (think they) deserve.

By Pauly D @ the Jersey Shore on 2010 06 25, 7:30 am CST

I agree with Carolyn. I have a sweetheart contract deal. Sure I’m in a cubicle, but I’m just as important as the next associate. I not only do doc review but substantive work such as research and writing (not just internal memos, but dispositive motions).  I don’t attend hearings here, but I get that experience out of my own solo practice. People stop being driods and believing there is only one way to practice law. You will certainly miss out.

By HappyContract! on 2010 06 25, 7:31 am CST

I can see two reasons for outsourcing.  The first is that the Firm has an immediate need for more attorneys for a specific project.  The second is that the Firm pays its own associates way too much money in order to adequately staff the firm.

By Bmac on 2010 06 25, 10:02 am CST

I, too, have a sweet contract deal. I work from my house in a beautiful office - no cubicles here!!  I get paid $75 per hour and am presently working on a gigantic gender discrimination class action. I make my own hours and get to take time off for great vacations around the world. I would never go back to being an associate/partner at a law firm. Never!

By R.H. on 2010 06 25, 10:03 am CST

@Pauly D:

Uhh, contract work for new lawyers isn’t anywhere near $30 an hour.  We’re lucky if contracts will pay us $12-$15.  You see where the misery is coming from?  I made $12/hr as a projectionist in high school- before student loans and bar dues!

By bob dylan on 2010 06 25, 10:50 am CST

hmmm… I just saw a contract position in a midsize midwest city that paid $24 per hour. 

A fortune… no, but nowhere near $12 an hour.

By James on 2010 06 25, 11:00 am CST

Carolyn, you perfectly summed up the genius of freelance legal work.  When you use freelance gigs as a part of your career plan, it can be incredibly useful, flexible, sufficiently lucrative.

Reviewing the comments, though, I feel compelled to again note the distinct difference between “contract work” (via an employment agency) and “freelance work” (directly for law firms).  Step outside the box of what appears to be the comfort of an agency trying to find projects for you and taking a significant cut of the proceeds. Market yourself and your services directly to law firms.  If you need help, talk with others that are doing the same thing.  The National Association of Freelance Legal Professionals offers education and support for this growingly vocal community of legal professionals who are taking charge of their own careers.

As to the above article, I do find it interesting that the ABA again focused simply on large law firms (over 50 lawyers) and ignored the thousands of solo and small law firms that have been using freelance attorneys to handle substantive legal work for them for decades.

Melody Kramer, Co-Founder of NAFLP and President of FreelanceLaw.com

By Melody A. Kramer on 2010 06 25, 11:12 am CST

@Melody. Yes, that is what I do - Freelance. I worked directly for a law firm and there is no agency in the middle taking a fee from my hourly pay.

Re the comments about making $12-15 per hour - I am absolutely shocked. 15 years ago, I was doing contract work in DC and they were paying $20 per hour and overtime at time and a 1/2!

By R.H. on 2010 06 25, 12:55 pm CST

The article is ambiguous as this discussion clearly shows.  There are two different meanings for “contract Lawyer” or “contract attorney.”  First, a contract attorney may be someone who is in independent practice, perhaps a sole proprietor, who takes on a limited amount of work for one or more other firms on through some kind of contractual arrangement.  This is not an uncommon practice for individuals just beginning their own independent firms.  Second, a contract attorney may be someone who is hired to work in an office (probably biglaw or midlaw) on a “contract basis” meaning that one does the work of an an associate without being an associate and there are no benefits and no possibility of future promotion, etc.  One is effectively functioning as a sole proprietor, but all one’s time is consumed by the firm where one is under contract.  Although both cases are legally identical (one is doing work under contract rather than as an employee), the situations are significantly different.  In the first an individual uses a contractual arrangement to produce an income stream while building a practice and, thus, building a future.  In the second, one is likely filling in for laid off associates at a fraction of the cost and has no future.

By John Ruskin on 2010 06 25, 3:24 pm CST

There are actually a wide array of variants on the non-employee options for lawyers.  I like to differentiate between “contract lawyer” (the common term for lawyers working for agencies) and “freelance lawyer” (the newer term that refers to lawyers who work for themselves, offering services to law firms directly). 

That being said, however, there are many freelancers who spend the bulk of their time working for one client law firm over an extended period of time.  Others do short projects for a larger number of law firms, rotating their time depending on the needs of each firm.  Some freelancers create a permanent career of freelance work and don’t take on any direct clients.

Whether or not someone has a “future,” however, is determined by the person themselves.  Once you take control of the terms of your working relationships with law firms, become your own business, however scary it may be to do so, you won’t want to allow your future to be determined by anyone else.

By Melody A. Kramer on 2010 06 25, 3:41 pm CST

Which reminds me - anyone heard from Liz lately?  Normally, this is the kind of story she would post all over.

By B. McLeod on 2010 06 27, 12:26 am CST

News flash!

Owners of taxi medallions in New York City express “Growing enthusiam” for leasing of cabs to “individual operators!”

(Do you see any paralells here?)

By JOHN SMITH on 2010 06 27, 9:38 pm CST

Hank is right on the money - and that’s just one of the reasons I did not renew my ABA membership!

By John Smith on 2010 06 27, 9:44 pm CST