Working with a Freelance Lawyer? Four Practical Steps to Avoid Conflicts of Interest Issues

Lawyers must be cautious with client work. We carry numerous duties to our clients that we must uphold. All of these duties are manageable once you understand the rules. Some firms get overwhelmed when considering conflicts of interest, but this need not be an obstacle to getting freelance attorney help. Most freelance attorney relationships tend to be fairly straightforward and easy to avoid conflicts of interest issues, but it is important to keep the rules in mind.

Step 1: Clear actual conflicts

All attorneys carry their actual conflicts of interest with them, so the first step is to ensure that the freelance lawyer clears conflicts for every new matter. This should be a fairly simple step. Before assigning work, the hiring firm discloses the parties to the freelance attorney, who then checks it against their own tracking system. This may be a simple excel spreadsheet, or it might be more advanced.

Step 2: Determine whether your freelance attorney carries conflicts imputed from another firm

If the freelance attorney is “deemed associated” with a law firm, yours or others, then that firm’s conflicts are imputed to the freelance lawyer. In that instance, the freelance lawyer must clear conflicts with that firm through the firm’s conflict system before proceeding with a new matter.

Step 3: Avoid imputed conflicts of interest

Firms typically prefer to avoid imputed conflicts of interest, which is generally easy to do. To avoid imputed conflicts, limit the freelance attorney’s access to information to only what they need in order to complete their tasks. This might mean limiting access to a few documents, or to a single case file. Avoid granting access to the firm’s database of client files, or if you decide to grant full access, be prepared to deal with imputed conflicts of interest going forward. Avoid unnecessary in-office work. Avoid having the freelance lawyer attend team meetings where multiples matters are discussed. Avoid calling your freelance attorney “Of Counsel.” Finally, avoid featuring freelance attorneys on your firm’s website.

Step 4: Going forward – Are there imputed conflicts between your firm and a freelance attorney?

If your firm’s relationship with a freelance attorney evolves so much that they are “deemed associated” with your firm, then this means that your firm’s conflicts of interest will be imputed to the freelance attorney, and their conflicts of interest will be imputed to your firm. The freelance lawyer must clear conflicts with your firm before taking outside work. Your firm will also need to clear conflicts with the freelance attorney before engaging in any new matters.

Fortunately, imputed conflicts of interest rarely arise in relationships with freelance attorneys, especially when firms take the proper precautions. Clearing conflicts is usually a quick, albeit necessary step in ensuring your relationship with a freelance attorney starts smoothly.