Crossing the Bridge of Delegation- How to Use a Contract Attorney
How to Use a Contract Attorney
I have been doing the contract gig for a long time. I started because my husband was in the Navy and we moved around every two years, never staying in one place long enough for me to settle into my own firm or as an associate. Over time, I learned that acting as a contractor was a great way to practice law. I enjoyed being a part of different teams, collaborating with a variety of attorneys, working on demanding cases, and helping each attorney provide the best defense possible under the circumstances of a given case. I came to realize how many attorneys need help from time-to-time who may not have the interest or consistent workload necessary to hire a full-time associate. Rather, what a lot of small firms or solo practitioners need is an associate for the moment. 2nd-Chair was born to give practitioners the flexibility to delegate work to competent, qualified attorneys on a project-specific basis and make money by billing them out at a reasonable associate’s rate.
I am often asked by attorneys who are interested in help from 2nd Chair about the ethical considerations of hiring a contract associate. Below are common ethical questions surrounding the contract attorney relationship. I hope this information can help you cross the bridge of delegation to create more space in your practice while making a profit.
Can I make a profit off 2nd-Chair’s fees?
Yes. 2nd-Chair’s fees are paid by the attorney, irrespective of payment by the client and therefore are not considered a division of fees. Colo. RPC 1.5(d). 2nd-Chair fees are reasonable and based on the factors set forth in Colo. RPC 1.5(a) - time, labor, novelty, customary fee, time limitations, experience, and reputation of the lawyers.
Colorado Ethics Opinion 105, explains that an attorney can bill the client for the contract attorney’s time at a higher rate than that paid by the attorney. The opinion goes on to say that the attorney does not have an obligation to the client to disclose the amount paid to the contract attorney.
From our perspective, it seems like a no brainer - you get the benefit of associate support, without the commitment, and with the profit margin.
What about my client’s confidentiality? Does my client need to consent to the use of an outside attorney?
All attorneys, including contract attorneys, are subject to the Colorado Rules of Professional Conduct. CRPC Preamble. Any information 2nd-Chair is privy to we treat with the utmost privilege and confidentiality. It is not uncommon for the attorneys at 2nd-Chair to complete a project without access to confidential information. When we are provided confidential information, we treat that information as if the client was our own.
If you intend to share your client’s confidential information with 2nd-Chair, you must obtain consent from your client. Rule of Prof. Conduct, 1.6. Consent is achieved most easily by describing the use of a defense team in the retainer agreement to include “paralegals, research counsel, contracted counsel, investigators, interpreters,…” or simply ask permission for an additional attorney at a minimal cost or no cost to the client for court appointed cases.
Why not just do the work myself?
You could, or you could maximize your time. Delegate the lingering suppression motion that’s due tomorrow to 2nd-Chair so you can go to lunch with a new referral source or finish preparing for next week’s trial. Delegate that big research project you put on the back-burner to 2nd-Chair so we can spend time that you do not have to ensure that the issue has been analyzed from all angles and the best argument is put forth.
The attorneys at 2nd-Chair are experienced trial lawyers who you can trust with your most complex cases and projects. Get in the habit of delegating all aspects your case to 2nd-Chair so you can make room in your practice for more cases. For a list of our services, click here. If you require help that does not appear on that list, please contact us directly!
We look forward to teaming up with you soon!