Hiring a freelance attorney is meant to make life easier. Freelance lawyers can dramatically improve law firm life, but sometimes things go sideways. We’ve identified some of the biggest mistakes we’ve seen firms make over the last sixteen years.
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Lack of communication
Communication is key! Client work is critically important to a firm’s success. The only way freelance attorneys can improve client service is if firms clearly communicate expectations to freelance attorneys upfront and ideally in writing. If a hiring firm wants a freelance attorney to prepare a motion, then it is best for the firm to briefly discuss the basis for the motion, provide a statement of facts from a document previously prepared in the case, and provide sample motions, if available. The firm must communicate when they need the motion completed, not the filing deadline, so the firm has time to review/revise the motion. The firm must also communicate time expectations. If you believe the motion should take no more than ten hours, then communicate that information. If the freelance attorney disagrees with the time estimate, then that is an opportunity to open a dialogue to discuss time expectations. If the firm and the freelance attorney cannot agree on time expectations, then the freelance attorney should decline the project. Please see the section on unrealistic expectations below.
At a minimum, firms must communicate:
- The nature of the project, as specifically as possible
- When they want/need the project completed and submitted to the firm
- How much time they expect the project to take in terms of hours
Firms should communicate with freelance attorneys often, well in advance of needing help. If a certain task is in the pipeline, communicate this information to the freelance attorney so the freelance attorney can keep their availability open to the firm. Last minute rushes happen occasionally, and freelance attorneys will try to accommodate if possible. But when firms consistently wait until the last minute and expect immediate attention, freelance attorneys may start declining work. Please see disorganization below.
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Soft deadlines
Everything needs to have a deadline. When delegating a project, it is important to communicate when you need to have the project completed.
Do not say things like:
“This has no deadline.”
“Take all the time you need.”
Because now you’ve taken this task from the bottom of your priority list, and you’ve moved it to the bottom of the freelance attorney’s priority list. If there truly is no deadline, give one anyway. Say you want it completed in two weeks, or three weeks, or within 30 days. Say anything other than no deadline.
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Moving too quickly
When busy lawyers hire freelance attorneys, they often have a level of optimism that may be unjustified under the circumstances. Law is an incredibly style and personality-driven industry, and lawyers are only human after all. An exceptional resume does not necessarily mean the freelance attorney is going to be an exceptional fit for the firm. That’s OK, but only if you’ve proceeded with caution to mitigate the risk to your firm.
Examples of moving too quickly:
A firm hires a freelance attorney to assist with multiple litigation matters. Without ever seeing work product or work style, the firm asks the freelance attorney to “get up to speed” on several litigation files. The freelance attorney spends 20+ hours reviewing files. The firm assigns a written task, which the freelance attorney submits to the firm. The firm is not satisfied with the freelance attorney’s work. Unfortunately for the firm, they cannot refuse to pay the freelance attorney for the 20+ hours she spent getting up to speed on the files as the firm requested, even if the firm does not plan to assign future work. Even worse, the firm is going to have to assign that same work to someone else, and the firm will have to pay the next person to do the same task.
Another example
A firm hires a freelance attorney and immediately introduces her to firm clients and puts her on the firm website. If the firm quickly learns that it is not a fit with the freelance attorney, now they must awkwardly explain the change to their clients. In one situation, the hiring lawyer spoke with the freelance attorney for the first time during a meeting with the firm’s client. It became very clear during the meeting that the hiring lawyer had never met the freelance attorney before, creating an embarrassing situation for the firm.
Everyone hopes that a freelance attorney is going to be the magical solution to a law firm’s problems, but it is better to proceed with caution. Instead of moving too quickly, have the freelance attorney handle a few small projects first before trying to integrate them into multiple matters. Try to work with your freelance attorneys for a few months before introducing them to firm clients, or at least talk to them first.
- Unrealistic expectations
I wish I could tell you how many times I’ve heard the sentence, “This should have taken 20 minutes.”
Would you believe that reviewing/revising a 20 page, single-spaced commercial agreement takes 20 minutes?
What about a “cut and paste motion” that “should have taken 30 minutes?”
I also heard once that an opposition to a motion for summary judgment should have taken no more than 15 hours to prepare. There were over 5000 pages of discovery in the case, and eight substantive issues.
None of these time estimates are physically possible. Even a “cut and paste motion” takes longer than 30 minutes. Law firms often have to deal with unrealistic client demands, and have to work within tight budget constraints. Unfortunately, firms that try to project these unrealistic expectations onto a freelance attorney will find it difficult or impossible to find help. Freelance attorneys need to be paid for the time they legitimately spend working on a firm’s client matters, even when a firm doesn’t think the client will pay for it. Firms often make business decisions to write off time or charge the client a discounted rate. But firms cannot expect freelance attorneys to work for free or to discount their time to meet the firm’s client demands. Similarly, sometimes things take longer than everyone originally anticipates. We’ve all been there. It is vitally important for firms and freelance attorneys to communicate often before delving into side issues or going down rabbit holes. Communication allows firms to better manage issues and expectations while getting the help they need.
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Negative attitude
There has been a national associate shortage for several years, which has impacted law firms of all sizes. There is more than enough work to go around, so freelance lawyers have been in high demand. Freelance lawyers overwhelmingly choose to freelance because they intentionally opted out of traditional law firm practice in favor of flexibility, so that their work revolves around their lives rather than having their lives revolve around their work. If a firm is unpleasant, then freelance attorneys will simply choose to work for more positive firms. Some firms are extremely critical, demand immediate turn arounds, or assume immediate availability. Similarly, some firms mistakenly believe they are advocating for their clients by asking a freelance attorney to write off their time. The firm and the freelance attorney are on the same team. If the firm demands write offs, they are only succeeding in ensuring that the freelance attorney will not help them in the future. If a firm wants the freelance attorney’s help again, then a little bit of kindness and humanity can go a long way.
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Disorganization
Running a law practice is a challenging endeavor. It is easy to fall behind depending on life, opposing counsel, and court deadlines. Things often seem to happen all at once, so firms are either too slow, or are too busy. There are plenty of systems and consultants and resources on organization. The problem is that organization takes a lot of effort and planning, which is very difficult to do when you’re already behind. If a firm is disorganized, then the firm lawyers are probably also under pressure. Disorganization also leads to lack of responsiveness, delays in sending the materials needed to complete projects, sending the wrong materials, or asking the freelance attorney to complete organizational tasks that ordinarily would not justify attorney time. Disorganization leads to frustration for everyone.
If you’re disorganized, you probably know it. If you want the best freelance attorney help, then it is important to take some time to get organized on the front end. Bring in a freelance attorney sooner rather than later so you can get the help you need before you’re playing catch up. Freelance attorneys want to help you! Helping busy lawyers with interesting and challenging work is extremely satisfying, and freelance lawyers are happy to help. Being organized helps us help you.