What to Consider Before Taking Contract Legal Assignments

This article is general information for lawyers. It is not legal or ethics advice. Professional conduct rules differ by jurisdiction, so check your own state's rules and ethics opinions before acting.

Contract assignments can be a good way to use your experience flexibly. Before you accept one, settle these points with the hiring lawyer or firm.

Scope and deliverables

What exactly are you being asked to produce, by when, and in what format? Clear scope protects both sides and makes fixed-fee pricing possible.

Responsibility and supervision

Who is the responsible lawyer for the client? Who reviews your work? Who signs filings? Under Model Rules 5.1 and 5.3 and ABA Formal Opinion 08-451, the hiring lawyer has supervisory duties, but you remain responsible for your own professional conduct.

Conflicts

Ask for the client and adverse-party names before you receive confidential information, and check them against your own clients and employer obligations.

Confidentiality and data handling

Agree how files will be shared and stored, and what happens to copies when the work ends. Model Rule 1.6(c) requires reasonable efforts to prevent unauthorized access to client information.

Licensing and jurisdiction

Confirm the matter's jurisdiction and whether your license and role permit the work. Background drafting supervised by a licensed lawyer is treated differently from appearing for a client.

Compensation

• Hourly rate or fixed project fee?
• When are invoices due, and is payment tied to the client paying the firm?
• Who bills the client, and how is your work described on the client's bill?

Insurance

Check whether your malpractice policy, or the hiring firm's, covers the work. Many employer policies do not cover outside work.

Time commitment

Agree on expected hours and response times, and be honest about availability.

Write it down

A one- or two-page engagement letter covering these points is usually enough.