The Ethical Maze of Freelance Lawyering: What are the 8 Rules Attorneys Can’t Ignore?

By Erin Giglia and Laurie Rowen

As co-owners of Montage Legal Group, we have been asked every imaginable question about the ethical issues involved when working with a freelance attorney, or when working as a freelance attorney. We frequently answer questions like “Are law firms fee-splitting when using a freelance lawyer?” or “Do I need to obtain malpractice insurance if I want to become a freelance lawyer?” Lawyers love asking questions, and luckily, we love answering them.

We published an article in 2013 summarizing various ethical issues that firms should consider when working with a freelance lawyer, so everyone could have the information readily available.  Since 2013, we have written at least a dozen additional articles for the ABA and various California county bar associations, and have given dozens of MCLE presentations discussing these topics. We’ve fielded many additional questions as a result of these presentations, further honing our knowledge. After California adopted a revised code of professional responsibility, we updated our article so law firms and freelance lawyers could have most updated information in one place.

Our new article, published in the Recorder/Law.com in a 4 part series, addresses eight ethical considerations that are relevant to legal outsourcing that law firms and freelance attorneys must understand and follow under California ethics rules: (1) conflicts of interest, (2) aiding and abetting the unauthorized practice of law, (3) the duty of competence, (4) the duty to disclose to a client, (5) fees/profit off rates, (6) the duty to maintain client confidences, (7) fee-splitting, and (8) malpractice insurance.

A link to the article is here: Law.com-Recorder – Ethics of Freelance Lawyering 2024.

Please contact us at [email protected] with questions.  We are always happy to help freelance lawyers and law firms in any way possible!