This is the second article in a series about the use of contract attorneys by law firms. The previous article identified four risks associated with hiring contract attorneys: the duty to supervise; exclusive versus non-exclusive contract attorneys; contract attorneys and overtime; and documenting relationships. Those risks materialize in various ways. Wage and overtime claims, in particular, have become increasingly of interest to law firms after a number of high-profile wage and overtime claims by contract attorneys.
In addition to the risks already identified, there are myriad other issues arising out of law firms’ use of contract attorneys. This article discusses other risks that law firms should consider and address when using contract attorneys. To be clear, there is nothing inherently wrong, unethical, or unprofessional about using contract attorneys. However, the risks involved are unique and merit close attention.