How Attorneys Can Explore Additional Legal Work
A practical checklist for licensed attorneys considering outside, contract, or collaborative legal work alongside an existing job or practice.
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.
Many lawyers want more variety, more income, or more control over their time. Additional legal work can provide that, but it brings obligations that are easy to overlook. Start with these questions before you accept anything.
1. Check what your current role allows
If you are employed by a firm, company, or agency, read your employment agreement and handbook first. Many employers restrict or prohibit outside practice, require advance approval, or exclude outside work from their malpractice coverage. If you are a solo or small-firm lawyer, the question is capacity: whether new work will affect your existing clients.
2. Decide what kind of work fits you
- Contract or project work: drafting, research, or document review for another lawyer, usually for an hourly or fixed fee.
- Co-counsel: working jointly on a matter with another lawyer or firm.
- Referral relationships: sending and receiving matters that fit each lawyer's practice.
- Of counsel: a close, continuing relationship with a firm that is neither partner nor associate.
3. Confirm where you can practice
Your license defines where you may practice law. ABA Model Rule 5.5 addresses multijurisdictional practice, and ABA Formal Opinion 495 discusses lawyers working remotely from a jurisdiction where they are not licensed. State approaches differ, so confirm the rules that apply to each matter.
4. Run conflicts before you see confidential information
Every new matter needs a conflicts check against your current and former clients (Model Rules 1.7 and 1.9). If you have an employer, their conflicts may matter too. Keep your own record of outside matters so you can check quickly.
5. Put the terms in writing
Agree on scope, deadlines, who supervises, who communicates with the client, how you will be paid, and what happens to files when the work ends. A short written agreement prevents most misunderstandings.
6. Protect your time
Estimate honestly how many hours a week you can give, and say no to work that would compromise your existing commitments. Reliable delivery matters more than volume.
Interested in attorney collaboration?
Learn how CounselKin approaches co-counsel, referrals, and potential project work with licensed U.S. attorneys.