Friday, February 15, 2013

Submitting Collateral Information With Your Resume


When attorneys apply for a job they will usually need to submit collateral information such as transcripts and writing samples in addition to a standard resume. I spoke to The Ladders about this process.

Sending a link to an online portfolio, as opposed to including materials as attachments, is "always OK," according to Rahul D. Yodh, a partner in the legal executive search and consulting firm Link Legal Search Group. 
In some industries, attachments are de rigueur, said Yodh. "Most law firms require transcripts when considering attorney candidates, and without a transcript your application is incomplete," he said.  
Other industries require artwork or writing samples, including journalism outlets or advertising firms. "If it is the norm in your industry then feel free to submit it, and you won't have to worry about being removed from consideration," Yodh said.  
But even if your industry is tolerant of or requires attachments, don't go overboard, Yodh advised. "Feel free to submit a list of references, but don't attach five letters of reference."  
If you do send attachments, remember to keep them as small as possible. "Send a couple of MBs of attachments and the e-mail server or firewall on the other end might bounce it back," Yodh said.
To read the complete article click here: Send The Resume Solo 


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 visit www.linklegalsearch.com 

Monday, January 28, 2013

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

Monday, January 21, 2013

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

Monday, January 14, 2013

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

Monday, December 31, 2012

How To Resign


With bonus season upon us, many law firm associates are beginning to plot their next career move. Some may be looking for an in-house or government job, a position with a smaller firm, or employment in another city, while some are simply looking to move to another firm not that much different than their current one. The good news is that lateral hiring picks up after the holidays and your chances of finding a new job are high. Here are some tips for resigning from your current job without burning any bridges:
  • You MUST resign in person. It is unprofessional (and cowardly) to resign by email or phone.
  • Give notice first thing in the morning. You’ll have more courage before that jolt of caffeine wears off and your boss is more likely to be around.
  • Give your notice to just one person – preferably the partner or supervisor for whom you do the most work.
  • The conversation with your boss on resigning should be brief and concise: “I want to let you know that I will be leaving (current firm) to join (future firm). I’ve thought long and hard about this decision and although I’ve really enjoyed my time here and have learned a lot, I know this is the right decision for me at this point in my career. Thank you for all of your guidance and mentoring and I hope we can stay in touch.”
  • Don’t talk about resigning to your peers beforehand – you do not want your boss to hear about your resignation from another source.
  • If your partner or boss is unsupportive or even angry – don’t take it personally. They are most likely sad to lose you and are already worrying about who is going to take over your matters.
  • If your partner or boss asks you to reconsider leaving – stay strong. You have made your decision. In my experience, associates who withdraw their resignation wind up leaving within the year – mainly because of unfulfilled promises from the partner who encouraged them to stay.
  • Please refrain from criticizing anyone or anything at your current firm – even if the HR department asks for feedback. Leave on a high note and stay positive.
  • Ask the HR department for their departure policies and follow them closely. Do not take any client files, precedent or work product unless you have written permission to do so from the Conflicts Department.
  • Take a break before you start at your new job. This is the only time in your career that you can take a vacation without having to check your email!
HAPPY NEW YEAR!

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

Friday, November 30, 2012

How To Hire A Temporary Attorney


Law.com had a great article on how to hire temporary attorneys. You can find the full article here


Sometimes, a business -- e-commerce enterprises among them -- just doesn't have the people power to meet some demands that may come up unexpectedly or that were anticipated from the start. This situation can arise for a number of reasons, from increased business to expansion to mergers.

When the demand for more minds and hands develops, using contract staff provides businesses with a flexible staffing alternative. Contractors allow for a temporary, and sometimes indefinite, expansion of the workforce for a particular project. Occasionally, contractors join the staff as permanent employees -- whether to sustain new business demands, to replace staff lost by attrition or otherwise or to fulfill new duties brought on by additional business.

Law firms use Temporary Attorneys to aid in large-scale document reviews such as those often required in e-discovery as well as for mergers, internal audits and other matters that require an influx of temporary help.

Of course, the subject matter involved in these wide-ranging projects varies, which makes contractors an ideal solution for dynamic business. If a project requires that attorneys or other workers who are or may be involved have a specific background, then law firms, or the agencies they hire, may well be better positioned using temporary workers who also may be making a specialty of the work required. And often, projects require only a general legal background, which makes finding candidates far easier. 

But whatever the situation that demands looking for short-term or long-term employees -- for staff positions or contract work -- firms should consider the key factors when hiring temporary attorneys.

WHAT TO CONSIDER IN THE BEGINNING

The old adage "The best defense is a good offense," invariably proves true in so many situations that it's not surprising that it applies to the business process of hiring contract workers -- regardless of whether those workers are attorneys, other office staff or even managers.

So, assessing key factors from the beginning allows the hiring personnel to exert effective project management from the start. A point to ponder is that although this approach is often discussed, it's frequently sidestepped or given short shrift in the ever-pressured office suites and conference rooms of the commercial and professional sectors, but don't give in, because slowing down, buckling down and paying attention from the start is the best way to guard against catastrophe at or near the end.

QUESTIONS TO ASK

The essential questions that must be asked are determined by:

·         the kind of work that is involved;

·         the structure of the firm that is or will be hiring the contractors, and

·         the applicable jurisdictional rules that will apply to the work.

Specifically, the most basic questions involve timing and location. For instance:

· How much work does the firm need to accomplish?

· What's the deadline by which the work must be completed?

· A bottom-line logistical consideration: Where should the project take place?

The answers to these questions determine how many contractors the firm needs to hire for the project and will help hiring personnel determine the most accurate figure for the projected number of hours that will be needed to finish the work. And because deadlines often must be bent to accommodate unpredictable variables or work must be accelerated to meet a deadline that can't be bent, firms should consider overtime as well.

SPACE CONSIDERATIONS

Of course, a consideration to throw into the equation here is that paying overtime requires fewer contractors, but can lead to a significant cost increase.

Space also influences these decisions. For example, does the firm have adequate space at its headquarters or other location, or should the project take place off-site, and if so, where? If the project must be done partly or entirely off-site, will the law firm or firm hiring the contract attorneys use its own facilities, a client's -- such as the client or clients involved in the work being done -- or will space have to be leased or rented? How much will that cost, and how will those costs affect the project?

This article addresses basic hiring steps and so won't go into details of logistics concerns, but they are important factors that must be addressed.

SPECIAL KNOWLEDGE

After weighing these considerations, principals involved in the work must weigh the type of project being tackled, which will guide them to the next step: Does the project involve an impending merger, document-intensive litigation or some kind of specialized filing? The answers to these questions dictate deciding whether contract candidates need specialized experience. If they do, then the specific qualifications the candidates should possess must be sorted out and clearly defined. For example, if a firm needs contractors to review documents for a telecommunications merger, do qualified candidates need a familiarity with the relevant antitrust statutes, or will a general legal background suffice? Hirers must also consider whether the candidates need prior document-review experience, because sometimes, prior experience can speed the completion of the project, but at other times, seasoned reviewers' broad experience may present a conflict for them working on a specific case, and they must be excluded from consideration.

THE LAY OF THE LAND

The type of project to be done also raises jurisdictional concerns. Jurisdiction, for example, determines what code of ethics applies to the case or project. Rules vary by jurisdiction, so where the project takes place matters a great deal.

Consider: The District of Columbia Court of Appeals held that attorneys doing contract work within the jurisdiction need to be admitted to the D.C. Bar. This holding required temporary attorneys to waive into the D.C. Bar within 90 days of practicing in the District. This holding characterizes practicing law to include document review, so temporary Attorneys hired to do document review for a firm in the Washington metropolitan area must waive into the D.C. Bar. Determining the applicable jurisdictional rules will guide a firm's search for candidates because the rules dictate the appropriate bar status required of any attorney hired for the project who might handle applicable duties. But keep in mind that bar status doesn't always affect the project. Sometimes, for instance, nonbarred attorneys or attorneys barred anywhere are sufficient to do the work, though knowing up-front the jurisdictional rules will prevent problems during the project, and preventing them, it should go without saying, usually means smoother sailing than having to meet them -- and, sometimes, determine them -- once work has begun.

WHERE TO LOOK

After deciding on the basics as outlined above, recruiters will be confronted with the quite-relevant question of how to find the temporary Attorneys needed. Two options exist: 

1. Hiring contractors independently; or

2. Using a staffing agency.
Remember, too, that the type of project and the amount of direct contact with the contractors influence the decision of how to hire the contract lawyers.

The benefits of using a staffing agency are discussed below.

As with any work, the type of project also influences the type of technological support that will be required. Making sure that the firm's network can sustain the amount of use necessary will prevent crashes that can slow the project. Security is also an important concern. Providing Internet access poses a risk to the network, for instance. As for other technology concerns, if the project requires litigation support, popular document-review programs include Summation, Concordance, DT Search Desktop and Introspect.

Another security concern: What level of access will contract workers have to firm data or to data involved in the project? Also, will contract workers have total or some type of specific limited access to the facility or multiple sites where the project is being done? And during what times will that access be permitted?

Helping to ensure security will likely involve working with IT personnel so that the appropriate levels of access and security can be put in place and monitored, and then parameters changed, if necessary, after the project is completed. Also, what if some or all of the contractors must return to the office or to a site to continue or begin another phase of the project that was anticipated for another date, or to begin a part of the project that hadn't been anticipated because it couldn't have been?

Answers to questions above that any particular project may demand be asked will guide the search for creating the contract-staffing situation best tailored to the needs of the firm and the project at issue. Remember that old adage as it echoes through the halls of your firm as you plan any project: Accurately assessing the situation from the beginning will aid in creating cost-effective staffing solutions for the entire project.

BENEFITS OF USING A STAFFING AGENCY 

Instead of investing your firm's time and energy conducting a candidate search, using a staffing agency allows experts to look for the qualifications that a particular business endeavor requires. A staffing agency provides a built-in screening process and should ensure that each candidate has the minimum qualifications. Staffing agencies work from an existing pool of candidates, but also have the capability to recruit specialized candidates using various search engines and other recruitment tools. Additionally, staffing agencies provide the benefit of managing the temporary Attorneys while they are on the project, which entails taking care of payroll and scheduling -- a major break for the hiring firm.

Making a decision about which agency to use requires some investigation. Legal recruiting is a specialized field, but each agency can offer slightly different services. Some agencies screen candidates better than others do, which means that they are doing more to verify the credibility of their candidates. Some agencies, for instance, do reference and background checks and verify every candidate's degree and bar status. But some agencies check only an applicant's references.

It's also important to confirm that the staffing agency meets and interviews each candidate who is registered with the agency. Similarly, recruiters at some firms choose to meet with the potential contract employees and conduct another interview. The staffing agency can coordinate this process and ensure that all of the necessary information about each candidate is provided.

Some agencies can also offer litigation support in-house, which is an important amenity if space is an issue. In this sort of situation, the staffing agency will provide the work space for the project, the technical support and the temporary Attorneys. This setup is ideal for firms for which space and extra support staff are in short supply. It allows firms to grow their business without having to grow their physical location. If the placement agency provides space, then the fees increase to cover overhead, but this arrangement provides a low-maintenance way to conduct additional business and requires the client to do little or no legwork.

Another crucial factor to consider is pricing. Pricing often determines the feasibility of the business venture from the beginning. Determining the hourly market price for temporary Attorneys, then, is critical. The most efficient way to do this is to compare the bill rates of several placement firms. For instance, in the Washington, D.C., market the pay rate for D.C. barred or bar-pending temporary Attorneys varies. The bill rate then varies by agency. Paying overtime varies, too. Typically, temporary Attorneys are compensated at the set hourly rate for the first 40 hours they work each week. Any additional hours are billed as overtime.

Factors that increase an hourly rate per attorney include bar status and the number of years of the attorneys' experience. As one might guess, hiring barred attorneys is typically more expensive than hiring nonbarred attorneys. There's also an increased hourly rate when hiring a contractor with years of substantive experience. Similarly, the specified field -- antitrust or family law, for instance -- affects the bill rate. An inside track to hiring contractors is that it also provides a way for firms to test candidates who may later end up as permanent employees.

Working with a staffing agency also presents an opportunity to develop a business relationship. When deciding which staffing firm to work with, clients should consider the reputation of the firm in the legal community and the level of customer service provided to clientele.

Often, projects requiring contract staff develop suddenly -- projects that a firm hadn't considered would fall into their laps and they must ramp up quickly to handle them. Working with a staffing agency whose personnel understand the urgency of a client's business needs leads to better customer service all around. Agencies that put this business principle into practice can provide firms with qualified candidates in a timely fashion -- and that's one of the first measures of that ounce-of-prevention rule.

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 visit www.linklegalsearch.com

Monday, November 12, 2012

Another Cost Saving Strategy


Smaller operating budgets are the reality that every General Counsel faces in today’s economy. You’ve already cut staff, you’ve cut other internal resources, you’ve pared down your roster of outside counsel firms, you’ve gotten these same firms to reduce their rates to unheard of levels, and you’ve incorporated the use of some smaller firms with even lower rates. Now what? What else can you do to fit within your budget constraints while at the same time protect the interests of your organization?

Ask that your outside counsel law firms, small or large, use contract attorneys for the routine matters.

Contract attorneys are not a novel concept. Law firms have been using contract attorneys for large scale document reviews for years. In the past this was out of necessity because most law firms just could not spare 50 associates for a 4 month document review. Now with many law firms overstaffed and unable to keep all their young associates busy, GC’s are more likely to see young associates staffed on some of the smaller projects such as deposition summaries, case summaries, privilege logs, document productions and of course document reviews.

Cost Savings

The cost savings of using contract attorneys can be huge. Typical junior associate billing rates range from $175 at small firms to $250 or more at large firms. Depending on the complexity of the project, a typical contract attorney with associated agency fees will cost $50 to $80 per hour. However, just 50 billable hours at those rates can lead to savings of $6,000 to $10,000.

Find the Right Talent

At the same time, it is important that GC’s select the right contract attorneys for their project. Many law firms have contract attorneys “on call” that they prefer to use. However, many of these contract attorneys are only experienced in document reviews and may not be the right fit for a deposition summary or privilege log. In today’s marketplace there are more highly qualified contract attorney candidates available then ever before. Often times these are individuals who, until recent layoffs, were working for some very prestigious firms.

There are some key steps you need to take in order to implement a strategic project based staffing plan:

  • Establish a relationship with a staffing agency that is able to source candidates that match your needs.
  • Negotiate a discounted rate with the staffing agency in exchange for exclusivity.
  • Identify projects that you can utilize contract attorneys on.
  • Ask all of your outside counsel law firms to work with the staffing agency that you have established a relationship with. This will allow for uniformity when screening contract attorney candidates and you will be assured of the same level of candidate on each project.
  • Try to use the same contract attorney candidates on different projects with different outside counsel firms. This could lead to higher levels of efficiency since the contract attorneys would be familiar with your organization.
Inevitable Questions

Before you implement this cost saving strategy you probably are faced with some inevitable questions. Am I sacrificing work product for cost savings? After all if these contract attorneys were highly skilled wouldn’t they have full time associate positions?

This may have been the case 18 months ago, but since January of 2009 leading law firms around the country have laid off over 4000 attorneys. Many of these attorneys are now working as contract attorneys. Others choose to work as contract attorneys for lifestyle reasons; they may not be the primary earners in their family and prefer the flexibility. Some others may have recently relocated to the local area and are using contract attorney work to get acclimated to the market.

Who will supervise the contract attorneys? Remember you are only using contract attorneys for specific parts of the matter. So the senior attorneys who are supervising the associates on other parts of your case will also supervise the contract attorneys and of course bill you for their time accordingly. At the same time the staffing agency that you have partnered with may be able to assign a project manager to each specific project.

Will my outside counsel law firm have the space and computer equipment necessary to use contract attorneys? Due to recent layoffs, many law firms have extra space and equipment for use by contract attorneys. However, the staffing agency you partnered with should be able to secure space and equipment at a location either in the same building as your outside counsel firm or very close to it.

Why would my outside counsel firm agree to using contract attorneys instead of their own associates? To put it simply; because they have to. In today’s economy the client is in control of the relationship. Law firms have gotten much better at meeting their client’s budgetary constraints. At the same time, since the law firm is allowed to inflate the rates of the contract attorneys they can build in a small profit margin into the rate. The American Bar Association has issued an opinion that allows law firms to inflate the billing rates of contract attorneys a reasonable amount above what it cost the law firm to procure the contract attorney. This still leaves plenty of room for huge cost savings for the client.

The use of contract attorneys is a savvy and advanced strategy that will allow you to maximize every dollar in your budget.


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 visit www.linklegalsearch.com