this, appropriate risk management practices are called for whenever
utilizing the services of contract attorneys. Adequate supervision and
work product review are a given. Have the contract attorneys sign a
confidentiality agreement and instruct staff to never discuss unrelated
firm matters in front of them. You would also be well advised to
inquire into the background, education, and experience of every
potential contract attorney hire as well as ask about past claims or
disciplinary matters prior to making any hiring decision.
Perhaps the most significant issue with contract attorneys is the
imputed conflict problem. Here, the specifics of the working
relationship will matter. There is going to be a real difference in
how the conflict problem plays between contract attorneys who
will never step foot inside your firm’s physical space, have no access
to firm files, and will only work on one project for your firm verses
contract attorneys who will work internally, will be employed there
for an extended period of time, will be working on multiple projects,
and have access to the firm’s client files. The issue can be further
compounded if any of the contract attorneys will also be working
at one or two other firms at the same time. To minimize the risk of
unintended conflict problems arising, limit the contract attorneys’
access to client files to the greatest degree possible. An isolated or
off-site workspace, coupled with no access to the firm’s computer
network or the area where client files are maintained, can be an
effective way to manage the problem. In contrast, the greater the
degree to which any contract attorney becomes integrated within
a firm, the greater the likelihood that all the conflicts this attorney
carries will be imputed to the firm. Understand this isn’t about how
contract attorneys are paid. It’s about length of time in your employ,
scope of the relationship with the firm, degree of client contact,
access to client files, the clients’ understanding of the relationship,
and the list goes on.
The decision to use contract attorneys can be an appropriate decision
that brings real value to your firm and the clients you serve. Just don’t
rush into this for the expense savings alone, because there can be
unintended consequences that, in the end, could prove more costly
than if you had never hired the contract attorneys in the first place.
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