Law firms are increasingly using contract attorneys as a way to manage large projects and potentially reduce cost. The use of contract attorneys is a highly complex issue that can create a series of ethical considerations for firms. Make no mistake, however: there is nothing inherently wrong, unethical, or unprofessional about using contract attorneys. On the other hand, the risks involved are unique and merit a different kind of attention.
Previously we summarized four risks relating to contract attorneys: (1) the duty to supervise; (2) exclusive versus non-exclusive contract attorneys; (3) contract attorneys and overtime; and (4) documenting relationships. These risks can give rise to issues ranging from ethical challenges arising out of undetected conflicts of interest, to wage and overtime claims.
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