Volume XIV, Issue I
January/February 2000

Opportunity Knocks or 
What Do I Do Now?

My Life as a Contract Attorney

by Neal J. Philip

I once stated to someone, "I don’t want to be a contract attorney." And yet, just a few months later, I was working as a contract attorney for a firm in Seattle. Why the switch? Because I had realized what more attorneys, especially young attorneys, should realize. Namely, that being a contract attorney is an excellent way to get where you want to be. It’s also, of course, an excellent way to find out where you want to be, or don’t want to be.

What is a contract attorney? Why does one choose such a path to follow? The answers that I can share, if they can truly be called "answers," are murky and, as they must be, colored by my own experience. So I don’t purport to speak for all contract attorneys, nor could I. Here, I present simply my own experience, coupled with observations that I hope can perhaps offer a helpful perspective.

The first question is perhaps the most difficult, for attempting to define "contract attorney" is akin to defining "music" or "obscenity" or "Of Counsel". Okay, maybe not that difficult. The fact remains, however, that there are likely as many different types of contract attorneys as there are attorneys who engage in this type of practice. And there are many such attorneys. One "official estimate" is that out of the "millions" of lawyers practicing in Washington, a whole bunch are in so-called contract positions. They are often hired on a "contract basis," where they are brought in with the explicit, or sometimes implicit, understanding that they will work on one project for a set hourly fee, following which they may or may not be sent on their merry way.

Contract attorneys are full-time, part-time, highly-paid, not paid enough, greatly experienced, fresh out of law school, clerks, litigators, and judges. They are people who have, for a variety of reasons, come to a point where they ask themselves, "What do I do now?" Many have worked as associates or partners in traditional firms and chosen this path as a means of regaining control over their lives. Many have chosen this path because the job market prevented them from obtaining a job in a traditional firm. And, of course, many became contract attorneys because they didn’t know what they wanted to do, maybe didn’t even want to be an attorney, but they knew they couldn’t defer their loan payments forever and had better find some work.

Contract attorneys are used by large firms, small firms, and sole practitioners. There’s that woman who comes in a couple times a week and doesn’t say much. There’s that guy that no one ever sees at the firm, but every once in while a memo pops up with his name on it. Then there’s that other guy who’s there eight to 10-hours a day, five or six days a week, and who is, for all practical purposes, an employee of the firm.

Contract work is perhaps one of the most versatile practices an attorney can have. Indeed, in many ways it is equivalent to becoming a sole practitioner. As a contract attorney, I have done work in the areas of criminal defense, family law, construction, product liability, and toxic tort litigation. I have appeared before judges in the Court of Appeals and the Superior Courts. Other contract attorneys I know have done trials. Some have stuck with research. Others have chosen positions where their sole task was document review.

Why would one want to practice this way? One reason is freedom. To a large extent, you can set your own hours. You can set your own fee. You can invent your own "office." To a lesser extent, you can pick and choose the cases on which you work.

Another reason to practice as a contract attorney is to gain knowledge, knowledge both about certain areas of law and about the law firms for which you do work. Both types of knowledge can be invaluable for an attorney trying to come to a decision as to the areas of law in which he or she wants to focus, as well as where he or she wants to practice. Becoming a contract attorney can be an excellent way to get fast, hands-on experience in a variety of fields. It can also be an excellent way to get your foot in the door and meet the people who make the decisions about hiring "permanent" attorneys.

Gaining knowledge works both ways, however. Remember that while you are checking out a certain firm, that firm is also checking you out. The impressions you make can be lasting, and making a good impression on your employer requires consistently competent work. Handled in the proper manner (and assuming that one might want such a thing), a contract position can lead to a permanent position at a firm where you’ve worked, or perhaps even with a firm who received a glowing recommendation from one of your former employers.

Of course, being a contract attorney is not without its disadvantages. First, you may be treated as, or feel as if you are being treated as, an outsider in the firm. But for all practical purposes, you are an outsider, looked upon as a "temp." This is understandable, though not always pleasant for the contract attorney. The fact of the matter is, however, that the other attorneys in the firm, for whatever reason, may not wish to become socially involved with someone who they believe is not going to be around the firm for very long. Too much of an emotional investment, perhaps. Too difficult to learn a new name.

Another drawback is the speed with which you may be out of a job. Once the firm has decided it has no more use for you, it can simply stop giving you work. This leaves you in the position of having to hustle to find another firm to supply you with a project or two. It is this uncertainty and the necessity of constantly having to "worry" about that next project that many find sufficiently unpleasant so as to cause them to avoid contract work at any cost.

There are some other things one considering this type of work should think about, things that could be classified as "drawbacks" but are not necessarily so. Two that immediately spring to mind, though there are certainly others, are malpractice insurance and taxes. There are a variety of ways to confront these demons, but make sure that you confront them. Make no assumptions and do not simply put off decisions in these areas. Doing so can result in finding yourself in an awkward position down the road.

I’m no expert in the area of legal malpractice insurance, but I think it’s safe to say that you MUST be covered by someone’s policy. Here’s more good advice: You have to be covered to certain "limits." Don’t ask me what those limits are; a little research should turn up the answer for you. If you choose to be a contract attorney with connections at, and projects coming from, numerous firms, you’d do well to obtain your own malpractice insurance tailored to the type of work that you will be doing. However, firms have also been known to agree to cover contract attorneys’ work for them under the firms’ policies, particularly if that attorney is going to be doing a substantial amount of work for them. They won’t cover you, though, if you don’t ask. A simple inquiry into the firm’s policy (perhaps after you’ve already been "hired" as a contractor) should be enough to open the discussion about coverage.

As for taxes, I know even less about taxes than I do about legal malpractice insurance. The one thing I know, though, is that if you are self-employed, you’re responsible for withholding your own taxes from your checks, including social security and all those other items I’ll simply refer to as "et cetera." If you don’t do it, you may be in for quite a shock come April (or when you have to make your quarterly payment) when you realize how much money you owe Uncle Sam. For some, this process is simple; for those of us who never really grasped the concept of "saving," the tax ramifications of self-employment can be quite painful. One way around this process is to ask the firm to make you an official employee of the firm. Unless you are going to be with that firm for an extended period, this might not be a practical solution to the problem, but again, the firm won’t even consider it if you don’t ask.

So how do you go about getting one of these positions? There are many ways, but the first bit of advice I'd offer is, don’t send an uninvited letter to someone you don’t know. It is a complete waste of time, and I can’t tell you how many of these letters I’ve seen go straight into the trash can after being passed around for laughs. Use the telephone. Call your friends in firms. Talk to those you meet at CLEs or other bar functions. Ask if they know whether their firm is looking for contractors. And then follow up.

Another source for finding firms looking for contractors is the placement agency. There are several such agencies in Washington, many of them specializing in placing only the contract attorney. With many of these agencies there is no need for an interview with the agency itself; you simply call them up, fax your resume to them, and they begin searching their files and contacts for work for you. You don’t pay them for this; the firm that hires you does. Using an agency can be an excellent way to get started as a contract attorney, particularly if you don’t have a lot of time to pound the pavement yourself.

If you’ve ever considered being a contract attorney, or even if you’ve haven’t but are unhappy with what you’re doing now, I urge you to try it. At the very least, it’s a great learning experience and a wonderful way to make connections throughout the legal community. It also can be an excellent means of getting you to where you’re headed, wherever that may be. Although the feeling of being an outsider and the uncertainty of not knowing how long your work will last can be a bit daunting, in the end, if you go into it with your eyes open, it can be a rewarding experience that you will never regret.

Neal Philip has worked as a contract attorney for firms of various sizes, most recently at the Seattle firm of Carney Badley Smith & Spellman, where he is now an associate.

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