Freelance Work Agreement Independent Contractor | Attorney Fee Agreements & Forms

(For use when Freelance lawyer is hired by another firm) - Flat Rate

Editor’s Note: The use of any “flat rate” Freelance Work agreement requires a high level of competency and experience in the area of the law covered, anticipated completion times and costs, and practice variables. Further, the user should review applicable disciplinary rules and ethical guidelines to ensure compliance with any limitation imposed. Therefore, this sample agreement is made available and provided for individual review and analysis, and it is delivered without warranty or representation of fitness for specific use or compliance. The receiver hereof is advised to make any necessary modifications or adaptations which may be required for the user's specific needs, or for compliance with the user's applicable practice rules. –Claude Ducloux, Director of Education, LawPay

This agreement is entered into between [Law Firm] ("Law Firm") and [Name of freelance attorney] , the undersigned freelance attorney ("Freelance Attorney").

1. Project. Freelance Attorney agrees to complete [Name or title of project] on a contract project basis for Law Firm. The scope of the project includes [Describe scope of work to be done on project, including name of case and deadline] . Freelance Attorney and Law Firm will routinely consult and agree on the logistics and other details of the performance of this Agreement, as needed. Freelance Attorney understands the time limitations imposed on the completion of the work described above. During the duration of this contract, the supervisory responsibility for Law Firm shall be exercised by [Name of freelance attorney] .

2. Employment relationship. Freelance Attorney shall be engaged by Law Firm as an independent contractor. Freelance Attorney is not an employee of Law Firm and is therefore not entitled to any benefits afforded to employees or partners of Law Firm. As an independent contractor, Freelance Attorney will determine when, where, and how the above-referenced project will be completed. This Agreement shall not be construed to create any relationship of partnership or joint venture. Freelance Attorney operates as a [Type of entity and how payment should be recorded via tax ID number or social security number]. Freelance Attorney shall be responsible for paying any applicable taxes on the fees earned, including income tax. Freelance Attorney shall also be responsible for paying any business expenses in the normal course of project completion except for included expenses listed below; and unexpected expenses will be subject to further negotiation between Freelance Attorney and Law Firm. “Included Expenses” in this agreement, which shall be itemized by Freelance Attorney, are a) those items which Law Firm specifically requires Freelance Attorney to obtain; b) specific software or encryption required to access the case information; c) travel expenses pre-approved by Law Firm; and d) such other miscellaneous expenses approved in advance.

3. Conflicts of Interest. Freelance Attorney is a licensed attorney in good standing in [Jurisdiction] . Law Firm recognizes that Freelance Attorney enters into freelance work agreements with other attorneys, law firms, and legal entities. Freelance Attorney agrees to check for conflicts of interest. By signing this agreement, Law Firm warrants that it has provided Freelance Attorney with sufficient information to evaluate conflicts of interest; and Freelance Lawyer warrants that there are no existing conflicts with other present or past clients, or Freelance Attorney’s own interests.

4. Malpractice Insurance. Freelance Attorney maintains professional liability insurance coverage through _[Name of insurer].

By signing this Agreement, (choose one) Law Firm represents that:

_____ it has current professional liability insurance to cover the project outlined in this Agreement.

_____ It has notified insurer of the employment of Freelance Attorney, and has been given approval for such employment.

5. Confidentiality. Freelance Attorney shall keep all client information confidential, including client documents disclosed by Law Firm. The parties agree that client information provided by Law Firm shall be limited to only that which is necessary to complete the work contemplated by this Agreement.

6. No Attorney-Client Relationship. This Agreement shall not be construed to create an attorney client relationship between Freelance Attorney and Law Firm’s clients, or between Freelance Attorney and Law Firm, unless such relationship is implied by the disciplinary rules of [Jurisdiction]. At all times, Law Firm will exercise its independent professional judgment and make all final decisions regarding its cases and clients.

7. Work Product. Law Firm shall own all rights to any work product generated by Freelance Attorney while completing the project described in this Agreement. Law Firm may modify any work product prepared by Freelance Attorney. Ultimately, Law Firm is responsible for supervising the work of Freelance Attorney, and for the content of pleadings or other material submitted on behalf of its clients.

8. Compensation. Freelance Attorney shall be paid for legal services rendered under this Agreement at the flat rate of $ [Flat Amount] which shall be paid as follows:

Option A (if permitted in your jurisdiction)[stated time period for payment, ie., in [number] weekly/monthly installments of [$].

Option B: Payments into trust to be transferred in stages)

           Upon payment of the fees in accordance with Paragraph III above Lawyer shall deposit the fee(s) into the [Lawyer’s/Firm’s] Trust Account, and thereafter the fee shall be considered earned and transferred to the Lawyer’s operating or other appropriate account immediately upon the completion of the following activities, events or stages:

Description of increment: [describe task or event]     Amount earned:_____________
Description of increment: [describe task or event]     Amount earned:_____________
Description of increment: [describe task or event]     Amount earned:_____________
[continue as necessary]

        Funds deposited into attorney trust accounts do not earn interest for Client. Payment by credit card into the attorney trust account may be made by using this hyperlink: https://secure.lawpay.com/pages/attorneysname/trust

Option C: “Upon completion of services described herein.”

Freelance Attorney shall submit an invoice to Law Firm, and payment shall be made within thirty (30) days of the submission of the invoice. Freelance Attorney acknowledges and agrees that Law Firm may bill its clients for the amounts due to Freelance Attorney at whatever rate or in whatever manner it deems appropriate and consistent with law and its own billing practices. All payments made by the Law Firm to Freelance Attorney will immediately become property of Freelance Attorney and will not be placed in an attorney trust account. It is specifically agreed between the parties that Freelance Attorney’s fees are not contingent fees subject to case outcome, nor are such fees to be considered “referral fees” as defined under the applicable rules of disciplinary conduct.

9. Severability. All provisions of the Agreement are severable. The determination that any particular provision or term is illegal or unenforceable shall have no effect upon the remaining terms of the Agreement.

10. Assignment. Neither party may assign its duties or rights under the Agreement without prior written approval of the other party.

11. Modification to Agreement. Any modification of this Agreement will be governed effective only if it is in writing and signed by both parties.

12. Termination. Either party shall have the right to terminate this Agreement with reasonable cause, effective immediately upon giving written notice. In the event of termination, Law Firm shall pay Freelance Attorney for work done up to the point of termination.

13. Return of Data and Files. Upon termination or conclusion of services, Freelance Attorney agrees to return, or otherwise dispose in a safe fashion as directed by Law Firm, all privileged information which has been used by Freelance Attorney in the course of this Agreement.

14. Miscellaneous Provisions. During the performance of this agreement, the following additional provisions may apply:

1. Freelance Attorney may review files at the office of Law Firm, using space and equipment provided by Law Firm.
2. Freelance Attorney agrees to be bound by any Protective Orders, and sign such Acknowledgments as are required of all custodians of protected materials involved in the legal matter being handled, thus subjecting Freelance Attorney to jurisdiction of the Trial Court or Reviewing Authority.
3. During the performance of this contract, both parties agree that any changes in circumstance which require disclosure under conflicts of interest rules or other disciplinary rules shall be disclosed to the other party.

SIGNED AND AGREED [on][to be effective on] the ___ day of_____ 20__.

___________________________                                                                                        __________________________
[Freelance Attorney identification]                            [Hiring Law Firm Identification]