10 Things to do Before Hiring a Contract Lawyer

Before you hire another attorney to work with you on a project, there are some steps that you, as the hiring attorney, should take first.

1.Read The Complete Guide to Contract Lawyering. Deborah Arron and Deborah Guyol wrote an excellent book covering the nature of contract lawyering and the relationships between the hiring attorney and the contract lawyer.

2.Look up and be familiar with ethical rules pertaining to contract lawyering. The new ABA Formal Opinion 08-451 is a must read. Under that opinion, it is ethical to charge your clients a surcharge for the legal services of a contract lawyer so long as they are billed as legal services. You should, of course, also be familiar with the local rules in your jurisdiction.

3.Inform your client. Open and honest communication is the best policy. Even if disclosure is not required because the you are still supervising the contract lawyer, it’s best not to invite fee disputes, ethical complaints, or simply grumpy clients.

4.Decide what you really need help with. Be specific here, and the more specific the better. It’s important to communicate the extent you need assistance, and what you really want from your contract lawyer. If you have a big case that’s overwhelming your time, decide which parts you want assistance with. If it’s an appellate brief you need, decide whether you’ll be drafting a portion of it yourself or hiring someone to write the entire thing.

5.Figure out if you need a specialist or a generalist. Contract lawyers come in many flavors. If you need someone to bring you up to speed on a new area of law, you’ll be best served with a specialist in that area. If you need someone to perform general research and writing because you don’t have the time, you probably have bigger range of options.

6.Be sure of the amount of experience you want/need. Going back to number 3, the many flavors of contract lawyers include law students and recent graduates. Some are skilled and self-sufficient, and some will require more guidance on your part. Have realistic expectations about the project and the amount of legal experience necessary to perform it to your standards.

7.Decide if you want onsite or offsite help. Most contract lawyers are more than capable, and would even prefer, to work from their home or virtual office, or the library. They have their own computers, are easily reachable via multiple communication methods, and will keep you apprised of progress. That said, there may be some projects where you need someone to physically be in your office. Perhaps you want to collaborate face-to-face, or the files are too numerous to scan and email, or you need assistance interviewing witnesses or taking depositions.

8.Decide if you need someone who carries his/her own malpractice insurance. In Oregon, impractical insurance is mandatory for all attorneys, but you might be in a state with no such requirement. If you are supervising your contract lawyer’s work, he/she does not need to carry malpractice insurance. But if you need someone to make court appearances, or if he/she will be working unsupervised, you probably want an insured attorney.

9.Estimate the amount of time required and be certain of your deadlines. You should always have an idea of how much time–and how much you’re willing to spend if you’re paying an hourly rate–the project should take before hiring a contract lawyer. This will avoid any unpleasant surprises later on when your bill arrives with 20 more hours than you thought it would take–although, your contract lawyer should also remain in touch with you about how much time the project is taking. Projects do not always conform to estimates, but be clear about your expectations.

10.Communicate 1-9 with your contract lawyer before hiring them. There’s nothing worse than miscommunication once a project has already begun. Start off on the right foot by telling your potential contract lawyer exactly what you need and want, the nature of the work to be performed, etc.