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Ethical Obligations and Risks of Engaging a Temporary Attorney
It is not uncommon for practitioners and law firms to employ the services of temporary (or contract) attorneys as the need may arise in contemporary practice. Employers often turn to temporary lawyers to address a variety of needs including workload variations, special projects, matters requiring a unique or particular skillset, and general assistance with such tasks as document review and the drafting of legal memoranda, among other things. As one federal court explained, "economics is the principal reason for emergence of lawyer temping because it permits a firm to service client needs during particularly busy periods by engaging an experienced attorney, without incurring the expense of hiring a permanent employee." See, Carlson v. Xerox, 596 F. Supp. 2d 400, 409 (D. Conn. 2009) (internal citations omitted). This article discusses the ethical obligations and associated risks that flow from engaging the services of a temporary attorney, including areas such as billing for services and adequate disclosure to clients.
Temporary Lawyers In Context
A generally accepted definition of the term "temporary lawyer" includes an attorney hired "to work on a single matter or a number of different matters, depending upon the firm's staffing needs and whether the temporary attorney has special expertise not otherwise available to the firm." See, Newby v. Enron, 586 F.Supp. 2d 732, 783 n 64 (S.D. Tex. 2008) (Observing that the hiring of a contract or temporary attorney is a common practice in law firms today); see also Takeda Chemical Industries v. Mylan Laboratories, 2007 U.S. Dist. LEXIS 19614 (S.D.N.Y. Mar. 21, 2007) ("In complex litigation, contract attorneys are routinely used by well-established law firms who supervise their work."). Temporary attorneys are typically employed for a "limited period or purpose" and do not include someone who "is a part time employee of a firm or one who is employed full time but without contemplation of permanent employment, who works only for the employing firm." See, Colo. Formal Ethics Op. 105 (May 22, 1999).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.