Temporary Attorneys Are More Profitable

Following in the footsteps of many large, East Coast based law firms, Southern California firms are relying more and more on temporary attorneys for help with the rising amount of discovery documents, and particularly electronic discovery. Since 1999, 90 percent of all documents produced are electronic correspondence and data. This has certainly created a market for an unusual, and highly profitable, utilization of legal talent.

The vast majority of firms increasing their use of contract attorneys in the last three years contribute it to the burden of document discovery. Many firms, however, view document review as a profit center. Contract Attorney rates are at a fraction of the cost to pay their internal staff. Firms engage staffing agencies to find experienced, qualified document reviewers and handle all administrative tasks related to scheduling and payment of the contractors. Some staffing firms, such as Davidson Attorneys, also offer clients space and laptops for the project, and provide project management to prevent the firm's associates from being inundated by questions. This frees up their associates to perform more substantive work.

Discovery costs in litigation can be extremely expensive and often frustrate a firm's efforts. Cost sensitive clients are often advised to settle, even when they have a good case. Some firms find it extremely beneficial to pass through the cost savings of using contract attorneys to their client to encourage the client to move forward to trial.

In recent years, and with growing frequency, corporate clients are requesting their legal counsel hire contract attorneys to assist with document intensive matters, including mergers and acquisitions and to keep litigation costs down. Some corporate clients with in-house legal departments are even taking it upon themselves to take bids from and engage staffing firms.

Perhaps the greatest benefit of using contract attorneys is not having to be stuck with the extra labor and paying wages when the work ends, and it can end suddenly. Some may wonder why attorneys would choose to do this type of work, especially with its instability. A common misconception is that the only attorneys who would do document review are those who cannot find other employment. In fact, reasons for seeking document review work vary greatly, and currently there are as many as 5,000 attorneys in Washington D.C. working full time as document reviewers.

Many document review attorneys are graduates of top-tier law school schools, trying to figure out which direction to take. Some attorneys are transitioning between jobs, others looking for supplemental work to their own law practice, and some desiring the flexibility to travel or pursue non-legal ventures. Attorneys licensed in other states that have relocated to California typically seek document review work while they prepare for our notorious Bar exam, and some reviewers are seasoned attorneys that leave jobs at large firms for medical reasons or to raise families. There is a great deal of legal talent out there and available to assist firms when they need it.

Rahul D. Yodh is a Principal of Link Legal Search Group, a boutique legal search & staffing firm that provides lateral attorney recruitment and contract attorney services to organizations nationwide. For more information on Link Legal Search Group, please visitwww.linklegalsearch.com

References... Who Should You Use?

I am sometimes surprised at how little thought goes into an attorney’s reference list. I have spent a fair amount of time in my career checking attorney references, and have often asked myself, “Why in the world did this attorney list this individual as a reference?” I have had references tell me awful things about candidates, or, more often, give me limp, lukewarm endorsements. Here are some things to keep in mind when choosing individuals as references.

1. Can the individual speak to my skill set?

When you are listing references, the first, most obvious choice is to use your immediate work provider. (If this is not possible because you have had negative experiences with this person, please see Section 3, below). However, any work provider can serve as a reference.

Although a partner may be your main work provider, you may not be their main associate. You may well need to remind this person of the work you have done for them, especially if they are a reference from a former position, and it has been awhile. Please, please, do this. I suggest calling a former work provider rather than emailing, but you should probably follow up with an email, in which you can remind them of your role in significant projects performed for them. The last thing you want is for a reference-checker to be told by a reference that they can’t remember what you did for them.

I have had people list non-work references such as pastors, non-legal business partners, even family members. I do not recommend this.

2. Does the individual like me, and are they enthusiastic about the work I produced?

References should glow. It is likely that the people who will check your references spend a fair amount of their day checking references. They know what to ask, and they know what to listen for. They immediately know the difference between someone who truly thinks you are spectacular and someone who is just going through the motions.

As discussed above, while you should use your main work provider if at all possible, you can use some judgment in your remaining references. Rather than using the most important or high-profile partners in your firm, I recommend using references who know you well, were very happy with your work, and will sing your praises to high heaven, even if that person is not someone who gets a lot of press. Again, people who check a lot of references are watching for this.

If one of your recommenders is a shy person, is very mellow, or just doesn’t have a great phone personality, you may let the firm know this, as discreetly as possible, of course.

3. Generally speaking, you should avoid listing a person from whom you have had negative feedback more than once.

I get questions about this fairly regularly. I do not recommend listing someone who negatively critiqued your work on any significant level, or has responded unfavorably to your work more than once. Understand that firms may contact that person anyway; it is not hard for a firm to figure out who you were probably working for if you were in a particular group or serviced a particular client. However, again, the last thing you want is to provide a reference who may say negative things about you. Therefore, even if it means that you do not list your main work provider, I would avoid listing someone who may say negative things about you. List other work providers, list work providers from past jobs who will glow when discussing you.

If you are on the fence about whether to list someone with whom you have had a questionable experience, simply….

4. Ask a Potential Reference What They Might Say About You.

No one is perfect. It is certainly is possible in life to recover from negative feedback and get a great reference from that person. If you are not sure whether you have truly recovered, you must find a way to ask before you list that person. I suggest simply asking the person if they are comfortable giving you a very positive reference. If they respond with some trepidation, I would think twice about using that person. The important thing is to get a true assessment of where you stand before you decide whether to list that person.

Rahul D. Yodh is a Principal of Link Legal Search Group, a boutique legal search & staffing firm that provides lateral attorney recruitment and contract attorney services to organizations nationwide. For more information on Link Legal Search Group, please visitwww.linklegalsearch.com

You Need To Hire Temporary Attorneys... Now What?

Your case has entered the discovery phase and you are faced with the daunting task of reviewing millions of pages with a tight deadline for production to your adversary. Your firm does not have the resources to get through all of these materials in a timely manner. What are you going to do?

Whether you use a temporary attorney staffing agency to provide a pool of contract attorneys or hire directly, the same tips for hiring will apply. With a soft legal job market, there are plenty of bright, ambitious attorneys who will want to work on your project. The trick is learning how to select them.

For many attorneys, contract work provides a flexible work environment so that they can pursue other interests between jobs or in the evenings (e.g., writers, actors, entrepreneurs). Others may be trying to launch a solo practice, or may be new parents who don't want the big-firm grind. Some may have felt the sting of discrimination, and seek a way to enter the legal workplace.

Still others may have recently relocated or may not be admitted to practice in the state. Others simply may prefer a job that pays well that they don't have to take home with them at night.

RESUMES

Understanding these motivations can help you evaluate candidates. And their resumes can provide vital clues to help you select a successful review team.

First, fight the urge to favor pedigree as an indicator of quality. While you want bright people, it also takes a certain temperament and work ethic to competently review and analyze documents 10 hours a day.

Positive signs to look for in a resume include:

• Working for the same law firm(s) on multiple occasions.
• Repeated placement by the same agency or agencies.
• Second review, quality control and privilege review experience.
• Experience with multiple online review platforms.
• Placement on both short-term and long-term assignments.

Red flags include:

• Lack of second review, quality control or privilege review experience for experienced reviewers.
• Large, unexplained gaps in the resume.
• Candidates who lump all of their reviews under one heading so that you cannot ascertain how long they were on a project and/or the type and level of work performed.
• Listing "solo practitioner" as their current job description. Be wary of hiring solo practitioners if their practice requirements could lead to frequent absenteeism (e.g., due to court appearances, real estate closings). They might be great for a night shift, but unreliable in a 9 a.m. to 5 p.m. slot.

THE INTERVIEW

Don't hire without an in-person interview. Some candidates look great on paper, but you will be only able to tell if they are an appropriate candidate if you meet them in person.

Brief 15-minute interviews of candidates will not only help you screen, but can help set a tone that communicates that you are invested in the reviewers as contributing members of your legal team.

Some interview tips:

• Candidates should arrive on time, be professionally dressed and properly groomed.
• Be cautious of candidates who cannot cogently discuss any of the reviews on which they have worked.
• If you use a staffing agency, insist that the agency rank the candidates it submits to you.
  
  This will force the staffing manager to truly reflect on the candidates who will best fit your firm's personality and will help you prioritize interviews.

EXPECT QUESTIONS

You should expect to be asked the following questions:

• What is the approximate duration of project?
• Does it pay a flat rate or does it pay overtime?
• Is there an opportunity for weekend work, and, if so, is it required?
• Are there any caps or minimum hours required?
• Is there flexibility to work from home?
• Is there an opportunity for a raise or completion bonus for long-term projects?

OFFERS

You should make your offers quickly and try to avoid startup delays to avoid losing the best candidates to other projects.

Always pay attorneys who are performing the same task at the same rate. Managers may make slightly more, but make sure their role includes tasks other than strictly document review.

REVIEW SITES

Staffing agencies will typically offer you "free" space for a large review.

However, while the agencies don't charge you directly for the room, they typically will bill you an additional $3 to $5 per hour, per attorney.

However, this may be well worth considering if your firm is small, or has no extra space -- because it will relieve you of the burden and costs of finding and maintaining space.

ENVIRONMENT

Be sure that your firm provides a pleasant and productive work environment:

• Cramped rooms or basement spaces are notorious in the industry and obviously disfavored.
• Provide desks or open tables in one large room to facilitate interaction between contract attorneys and supervisors. This will lead to a more consistent review.
• Bathrooms should be cleaned frequently and well-stocked.
• A break-out room where attorneys can take a call is also helpful.
• There should be plenty of coffee and beverages available for reviewers.
• Make sure that your site has offices for the site supervisor and associates.
• Be sure your site has as a high-speed printer, photocopier and office supplies.

TRAINING

It is very important to take the necessary time to present your attorneys with an overview of the case -- and follow that up with weekly meetings to respond to their questions and to provide feedback.

Do not undervalue the intelligence of your attorneys. Their understanding of the bigger picture enables them to think about the documents instead of mindlessly coding and makes them feel part of a team. The rewards are innumerable.

Imagine a partner asking you to write a memo, but refusing to tell you what the case is about or what you are trying to achieve.

LESSONS LEARNED

Using contract attorneys can be an effective way to tackle a large-scale review.

You will find that your best contract attorneys will respect you and will want to work with you on future matters, and will tell their colleagues who are looking for work.

And referrals from quality workers are almost always your best hiring bet! 

Rahul D. Yodh is a Principal of Link Legal Search Group, a boutique legal search & staffing firm that provides lateral attorney recruitment and contract attorney services to organizations nationwide. For more information on Link Legal Search Group, please visitwww.linklegalsearch.com