Outsourcing

Did you start off 2020 with ambitious goals to grow your firm? Maybe you planned to amp up your marketing, bring in more clients and even hire a few associates to join your team. If this was you, I hope you haven't put those goals on hold after, well … after you know what hit in March (ahem, coronavirus, I'm looking at you).

Getting the help you need is absolutely essential to law firm growth. You can get help in the traditional way by hiring an in-office associate. However, in the current situation we are facing, most lawyers are working from home for the foreseeable future and for the first time are implementing outsourcing to get the help they need.

There are countless benefits to outsourcing substantive work to freelance lawyers: flexible staffing of cases, affordability, minimal overhead, access to subject matter expertise, and increased revenue just to name a few.

For those of you who have never used a freelancer, here are 7 Do's and Don'ts that will help ensure successful collaboration when it comes to legal outsourcing.

1. Do Your Due Diligence: Before you launch into delegating to a freelance lawyer, make sure your freelancer is qualified for the work. I encourage attorneys to review the resume, writing sample(s) and references for any freelance lawyers you plan to work with. You should also verify their status with the bar (i.e. make sure they are actually a lawyer) and perhaps even check out their online ratings. You owe it to yourself and your client to find the most talented freelancer out there.

2. Do Over Communicate: Clear communication is especially important when you are collaborating with a freelance lawyer in a remote working environment. In order to set yourself—and your freelancer—up for success it is critical that you spend ample time clearly communicating the scope of the work and what you expect to receive with the final written document. On the flip side, invite the freelancer to contact you should they encounter questions along the way.

3. Do Be Mindful of Ethics: When it comes to outsourcing, there are a few key ethics rules to keep in mind. The duty of supervision means you need to oversee and keep close tabs on any work a freelance lawyer is completing for you (Model Rule 5.1). The duty of competency reminds us we need to "stay in our lane" and not veer outside our general area(s) of expertise (Model Rule 1.1). Of course, the duty of confidentiality is even more important when working with freelancers to make sure that they are taking proper safeguards to protect your client's confidential data (Model Rule 1.6). Last, but certainly not least, make sure that you are charging your client "reasonable market rates" for the work performed by your freelance lawyer (Model Rule 1.5).

4. Don't Wait Until the Last Minute: When it comes to outsourcing, don't be tempted to give a freelancer a short deadline—especially if it is your first time working together! Plan ahead and make sure you and your freelancer have sufficient time to do your very best work. Once you've found a great freelancer and completed a few projects together then perhaps you can push the time limits for rush work, but try to avoid it as much as possible.

5. Don't Be Unrealistic: One of the most important things when outsourcing is to manage your own expectations. It's unrealistic to expect to get work product back from a freelancer that is 100% ready to submit to the client or the court. It's much more realistic to expect getting work product that is 75-85% of the way done. Plan on spending a reasonable amount of your own time reviewing and finalizing any drafts. You will want to be sure to put your own touch on the work product and add any additional critical facts that only you may know.

6. Don't Be Swayed by Misperceptions: There's a stigma that freelancers are only lawyers who can't get a "real" job—whatever that is. This stereotype couldn't be farther from the truth. Working with freelancers allows you to tap into the time, talent and expertise of freelancers intentionally choosing a very different career path. Freelancers include former big law attorneys, law school professors, stay at home parents, military spouses, retired (or semi-retired) lawyers, and a whole bunch of other talented lawyers who moonlight or pick up freelance work to otherwise supplement their "day" jobs.

7. Don't Wait: Take the plunge! If you've been burning the midnight oil and working way too many hours you must get help to avoid burnout. If you are generating a ton of work but not able to keep up with the flow, you owe it to yourself and your clients to get the assistance you need to produce efficient, quality work. Working with freelancers rather than hiring a full-time associate gives you the flexibility to get help when you need it without driving up your overhead.

For all of you who dream big dreams and set big goals I hope you'll consider outsourcing to find the help you need—and deserve—to make those dreams happen.

Kristin Tyler is co-founder of LAWCLERK, where attorneys go to hire freelance lawyers. She is also a partner at the law firm of Garman Turner Gordon where she practices in trusts and estates. In addition to being a lawyer and entrepreneur, she is a proud mom and firm believer that the practice of law can be rewarding despite its daily demands.