The AWI Journal recently published “Of Counsel, Freelance and Other Lawyer Relationships” authored by Laurie Rowen and Erin Giglia. The AWI Journal is a peer-reviewed professional journal on workplace investigations, and each article is reviewed by at least three members of the Publications Committee or other subject-matter experts selected by that committee.
Montage’s article focuses on what law firms should know when engaging outside lawyers to assist with a firm’s legal work. Whether the outside lawyer is an “of counsel” lawyer, a freelance or contract lawyer, or the entire matter is referred to a different law firm, multiple ethical rules come into play.
The article cites to California ethical rules, American Bar Association Formal Opinions, and local California Bar association opinions, to come to various conclusions regarding when an “of counsel” designation should be used and certain burdens associated with the designation. It also highlights commonly misunderstood ethical rules including (1) Aiding and Abetting the Unauthorized Practice of Law; (2) Fees to Client/Upcharging; and (3) the Duty to Disclose.
Montage Legal Group’s Ethics Publications
Montage Legal Group’s founders are frequent commentators on freelance attorney and contract attorney ethics. To read additional publications by Montage’s owners and freelance lawyers, see Montage Press/Articles.
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