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Can A Contingency Fee Lawyer Ever Use A Temporary Attorney?

By Mary Mock

Many plaintiffs’ lawyers shy away from, or simply aren’t accustomed to using freelance attorneys to assist with tasks like legal research and motion writing because ultimate recovery is uncertain. Because contract attorneys, typically compensated by the hour, must be paid regardless of ultimate recovery, contingency fee lawyers may see only risk.

Despite the risks, there are many situations where hiring a freelance attorney makes sense and even creates advantages for the plaintiff’s attorney. 
Maybe you are a solo practitioner thinking of expanding into a new practice area, but you don’t have the time or full-time staff to evaluate the merits of a prospective new case. A specialized freelance attorney can give you a cost effective, concise evaluation of whether you should take the case on a contingency fee basis. This evaluation can include, in addition to applicable law, jury verdict research and opposing party and counsel research. By avoiding a fruitless case early on, you’ll save a lot of money and increase your knowledge of how to evaluate similarly situated prospective clients and cases in the future.

Or perhaps you need to build your library of form pleadings and motions and briefs to use as templates for future documents. An experienced freelance attorney can create templates for complaints, motions to remand, and oppositions to demurrers that anticipate the most commonly used defense arguments. For example, if you’re getting into wrongful foreclosures, you’ll be facing removals to federal court at every turn. A freelance attorney can create a template motion to remand that takes into account the familiar arguments, which you can cost effectively revise as needed.
Because the plaintiffs’ bar attorneys are frequently opposite large defense firms with seemingly limitless resources, the contingency fee attorney is already at a disadvantage. You have a big case and know you’re going to get hit with countless discovery and pre-trial motions. You could work your one associate (and yourself) to death, or you can take a long-term view of management and bring on a freelance attorney to assist during busy periods to give you a much-needed temporary boost.
Major dispositive motions often present difficult issues for the smaller firm, especially if you are already spread too thin. If you receive an anti-SLAPP motion, motion for summary judgment or demurrer, possibly with no less than 30 cases cited, what are your options if you already have 5 depositions and two mediations scheduled between now and the opposition filing date? There are simply not enough hours in the day to give an important motion attention it requires. You can hire a freelance attorney to give you a polished opposition ready for filing, or you can have your staff pull the major cases cited in the brief, create a first draft, and let an experienced freelance attorney revise and polish it. If it helps you defeat the motion and avoid settling for a nuisance sum, isn’t it worth it?

Many times small firms and solo practioners must focus on a high-value case, but cannot neglect the professional duty to prosecute the smaller ones. Instead of letting them collect dust – an omission which might affect your professional reputation and create unhappy clients – you might consider spending a few hundred dollars to keep your cases moving.  In the long run, it might be less expensive than losing clients and/or your reputation.

Finally, nearly every lawyer encounters a possible appellate issue.  But should you file a writ? Or should you appeal the judgment? These are specialized questions with many considerations, including costs, burdens, relative merits and likelihood of success. You can handle it yourself and hope for the best, can co-counsel with another firm to handle the appeal, or you can bring in a freelance appellate attorney to help you weight the merits and handle the drafting.  This may be a worthwhile investment.

There are many instances where bringing in outside help may seem costly and risky at first glance, but there are also significant risks in not doing so where there really is a need.  Freelance lawyers have the ability to provide flexible arrangements to assist small firms and contingency lawyers, so that you can provide your clients with what they deserve – excellent work and customer service.


Mary Mock 

Mary Mock is a freelance attorney with Montage Legal Group. Mary obtained her B.S. in cognitive science in 2002 from Wellesley College, and her J.D. from the University of Michigan Law School in 2007. After law school, Mary practiced general civil litigation at Caldwell, Kennedy & Porter, and then at Musick, Peeler & Garrett. Mary currently resides in Southern California’s high desert region.

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