Contract Attorneys: Good Work If You Have No Other Option
Back in the golden days of Biglaw (in the before times, in the long, long ago), associates were fired all the time. Getting laid off for poor performance or low hours is nothing new.
Of course, back when we had a functional American economy, getting fired was a temporary bump in the road. You could always work at a smaller firm or for the government. Back in the day, you could even work as a contract attorney if you needed something to tide you over.
Now … everything is different. And contract attorney jobs are great gets in this market. Yesterday, the National Law Journal ran a piece about the curious case of paying off law school debt while making $35 an hour:
As law firms downsize, laid-off attorneys and new law school graduates unable to find jobs have been turning to an option they may never have imagined at law school: becoming contract attorneys — hired guns for $35 an hour.Yet in the past couple of months, even that field appears to be showing signs of a slowdown.
People who waited too long to swallow their pride and confront the reality of the financial crisis are finding that contract work has already been snapped up by less prestige conscious job seekers.
And it probably isn’t helping that just as the American legal market is starved for low level work, the ABA has made it easier to outsource doc review to other countries:
Also cutting into their business is the growing popularity of outsourcing to India. Hudson Legal has countered with an ad campaign that encourages law firms to “onshore,” and choose U.S. staffing companies where there are no security or privacy concerns and where they operate in the Eastern time zone.
Even if you land a contract attorney job you never thought you wanted, the working conditions remain just as bad as you remember them.
Every firm has a number of associates and partners that treat contract attorneys like red-headed step-children. For a lot of associates, being on the receiving end of that poor treatment is called justice difficult to deal with:
Contract attorneys appear a discontented lot. A host of blogs have popped up railing about life as a contract attorney, including Temporary Attorney: The Sweatshop Edition; Document Review, Texas Style; Black Sheep of Philly Contract Attorneys; and My Attorney Blog: The Life of a Contract Attorney in Temp Town, Washington D.C.Resounding with complaints about working conditions at temp agencies — including cockroaches and a lack of air conditioning — nosediving fees and tax nightmares, as well as advice about which agencies to avoid, the blogs do not paint a pretty picture of life as a contract attorney.
Of course, as what the President calls a “depression” worsens, more and more lawyers will try to ride out the downturn with temp work.
But should they? Law and More asks:
Why are men and women with law degrees and all the skills - analysis, writing, client management - which go with that education and training enduring this way of making a living? Are they unduly optimistic that if they just hang in as gypsy workers they will eventually land full-time jobs? Yeah, like Cravath or Jones Day recruits from the temp pool. Are they so passionate about law that they will do only that sort of work? Are they simply unimaginative about pulling together their abilities and creating something more lucrative, more their own, and more dignified? And/or do they lack the courage to leave the path they were pursuing since probably undergraduate days?
I’m going to get right on imagining up my next rent check.
Contract lawyers: cheaper by the hour [National Law Journal]
Gigonomics: Lawyers at $35 an hour [Law and More]
Earlier: Staff Attorney / Discovery Attorney Salaries: Open Thread
Extinction Level Event: Outsourcing
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Comments
stop posting "first"
first, second, maybe third
How does Elie pay his rent?
GULCers = K attorney 4 Life!
Seriously -- when even the contract attorney market is dried up, where are you supposed to go? I'd probably bartend if I got laid off right now. Are you kidding me?
"by less prestige conscious job seekers"
I finally can't cut Elie slack anymore. You blow as a writer.
Nevermind, I'm an idiot.
-6
The SHEEP NAILING market could not be any hotter now. Not even Hansel is this hot.
What are newly minted graduates going to do? These 45K a year TTT tuitions are unsustainable. Get ready for the great Sallie Mae collapse.
#6, you sir are an IDiot.!
5 - Actually, at least in NYC, I hear bartending job have gotten a lot harder to come by as a lot of unemployed younger people (including laid off finance types) have the same idea as you do.
Shoe shine, anyone?
These jobs are all going to be sucked up by laid off Cahill associates.
Hey 11, shut up and get your shinebox!
5, this is what you do:
1. post an ad on the internet for some light S&M (in exchange for $$$).
2. after the S&M, sue your client for assault (and/or rape).
3. Double profit!
There's something very creepy about that picture.
@13 YES
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9- Nailed it. Non-dischargeable or not, if you can't pay, you can't pay. Suck it Sallie.
Student loans to Credit Crisis in 3, 2, 1....
Some of the best attorneys I know, who will lay their entire heart and soul out for a client, are or were K attorneys. I know of more than one of them that got picked up by pretty sweet firms that way.
I took my exit from Biglaw associateship right before the economy tanked. The people I miss most are the Ks.
So the liberal arts majors who chose law school by default turn out to be unimaginative and lacking in courage???
Stop the presses, say it ain't so!
GULC4L = K Attorney 4 LIFE!
What's wrong with contract attorneys? $70K a year, easy. Sure, mind numbing work, but isn't everything?
It's called solo practice. Hang out a shingle doing something that you can advertise in the yellow pages or with PPC, i.e. bankruptcy, criminal, family. Startup sucks, but at a $3500 minimum DUI you'll do fine.
All lawyers, except for biglaw partners, should be revolting against the ABA's policy of supporting the offshoring of doc review. It makes zero sense that the ABA is encouraging the practice (see ABA Journal for the last two years) instead of protecting the integrity of the profession here in the US. There are very real issues, especially with "unauthorized practice of law", and both the ABA and state bars need to step up and take note.
All lawyers, except for biglaw partners, should be revolting against the ABA's policy of supporting the offshoring of doc review. It makes zero sense that the ABA is encouraging the practice (see ABA Journal for the last two years) instead of protecting the integrity of the profession here in the US. There are very real issues, especially with "unauthorized practice of law", and both the ABA and state bars need to step up and take note.
22 = Rocket Scientist/Stuntman who chose law because he enjoys the taste of the blood of the vanquished.
Fucking Tool.
28, I'm glad to see that you signed your post with "Fucking Tool."
Sorry about your tiny pink unemployment slip, bro.
I think it's hilarious that the author of the "Gigonomics" article touts the superiority of an education in communications yet cannot write for shit.
25 - Solos need to get clients. Most people wouldn't have the first clue how to go about bringing in clients. If you're not a salesman, it's all but impossible to make it as a solo.
Time for a new article . . . . .
Nobody does anything in this town without a retainer
36 is Gay to the LATth Level
31 is right. I'm a solo and there is a great deal of peculiar marketing/sales involved, not to mention all of the admin/overhead time. A great deal depends on ability to find referral work, networking and "profile building".
@31 - all it takes to net a client is to sound confident and be able to talk about the law for ten minutes. It also helps to write good web copy, but that's not hard "Chapter 7 gets rid of your debt," "Don't let a DUI ruin your life," Chapter 13 stops foreclosures on your home," etc.
If you can't pull that off, then you probably can't litigate either. If you can't litigate, then you have no business being a lawyer. We are "called to the bar." If you want to be a financial troll, be a CPA or a MBA.
22 nailed it! 28 is a bottom-half liberal arts major who managed to squeak into a TTT school with crappy LSAT scores, and is afraid of being revealed for what he really is because his "prestigious" lawyer title isn't cutting it these days.
The slow down in contract work is nothing new. I went to a top 10 law school, top third of my class, EIC of secondary law journal and published. Still, my firm didn't have the work and cut a bunch of folks. I thought I would have no problem picking up contract work -- not so. This story is old news. Anyone that's been in this market since the last half of last year could have told you that contract work was slowing down.
36 - If people knew how to design professional looking websites -- and write them up in such a way as to get prominent placing on google -- don't you think they'd be web designers rather than lawyers? And the ones that can -- don't you think they've already crowded each other out on those google searches?
Suit guy in the picture is trying to get wood so he can enter the room behind him and perform some contract labor.
When I was a contract attorney for Paul Weiss (for only a few weeks prior to starting my 'real' job as an associate) about 4 years ago, I had to work SEVEN DAYS A WEEK...for about 12-14 hours a day. Because I wasn't admitted to the bar yet (admission was pending), I was only paid about $21/hour. They put us in a basement storage room that had roaches and made us share the same bathroom as the homeless people use in the subway concourse.
I woke up one morning covered in welt-like hives and went to the doctor. He told me that I was so upset and depressed about my job, that my stress was manifesting itself through hives. Holy shit my life sucked. Thank God I got "fired" a few weeks into it and was able to land an interview (which lead to my real job) within 2 days of my firing.
Worst. Experience. Ever.
Oh, except I was grossing over $2K a week...
25 - you're wrong. Do you think that clients magically appear the moment you "hang out a shingle?" They don't. And if you're in a major market, there are about 10,000 other more experienced and well-known lawyers already practicing in whatever niche market you may try to appeal to (criminal, family law, etc ). Talk to anyone who has done it and they'll tell you that you have almost no chance of actually making any money during your first year as a solo, and even after that, your income can vary widely from month-to-month.
At this moment, in this economy, I would take contract work at $35/hour over starting my own practice any day of the week.
Led v. Lead, one used to be in pencils, one didn't.
@42 it's called marketing. Get a decent PPC, get some clickthrough, it's not rocket science.
You're just throwing up your own mental barriers because you don't want to admit that either 1) there are alternatives to working for someone else, or 2) you're a failure.
42, LOL, you do realize that all successful people and companies had to start somewhere?
You probably told the google founders: "Do you think that users magically appear the moment you start a website? They don't. And since you're on the Internet, there are about 10,000 other more experienced and well-known search engines already practicing in whatever market you may try to appeal to. Talk to anyone who has done it and they'll tell you that you have almost no chance of actually making any money during your first year as a startup, and even after that, your income can vary widely from month-to-month."
I had two classmates at Boston U. (in the late 80's) go solo directly out of law school, one in NYC and one in nearby Northern N.J., both have done very very well. Hats off to them.
As for foreign legal work, this will be coming up as an issue, keep you eyes peeled. If Obama can not stop this he can not bring other jobs back to the USA and I remind you he currently targets 3.0M jobs, up from 2.5M a few months back. Republicans, too, should want to stop this.
#21 - what are you smoking? you claimed that you knew contract attorneys who got sweet firm gigs through temping? as staff attorneys, yes that happens; but as associates? I'd like some evidence of that one - I've done this work in a couple of different markets and its almost unheard of for a (biglaw) firm to hire a temp as an associate - in fact, even the sleaziest agency recruiters have enough morals to tell us the truth about the chances of getting an associate job - and those people spend hours lying through their teeth
love the south park reference.
a third of you big law bitches are going to lose your jobs. better ask Mom to get your old room ready.
http://endofesq.com/index.php
I have to laugh how the article keeps citing $35 an hour, as if that's what the client pays ('trying to convince the client that $35/hour for a license attorney is a good deal"). No reference, of course, to what the legal staffing firm actually charges, or what the lawfirm actually bills the client for the work.
@45 - Damn straight.
It's called having initiative, instead of hoping that some magical partner somewhere will spoon feed you pablum and pay, until you yourself become a partner. Besides, where do you think partners get clients? Wat for it . . . wait for it . . . they go out and get them. Sure there are institutional clients, but they belong to the really senior partners and they don't share.
Oh and wait, how do you make partner? Is it mentioning that you were EIC? A clue, no. It's putting yourself in front of the partners in such a way that they see both talent and the ability to bring in business.
So yeah, if you can't market then you can't succeed as either a solo or a partner somewhere. Best case scenario, you make junior or non-equity partner and save some money for a rainy day when you firm sees that you can't bring in new clients.
That picture accompanying the lede just screams "you gonna get raped".
I had a K working for me on a case that was once a V10 associate from a v4 law school (mine). Obviously some calamity occured, or whatever, but he was amazing. Lots of these Ks are actually desperate to work 70 hour weeks to pay off their 6 figure debt, whereas most of us BigLawyers would rather not work Saturday mornings and complain about the free coffee. I am afraid a reckoning is coming. Getting that awful, temporary job in Chipotle-smelling basement reviewing software contracts to pay for day care and The Student Loan People may not be a slam dunk.
$35/hour has been the going rate since 2005.
What's India's immigration policy for American lawyers who want to do document review? What would it pay and is there any premium above what Indian attorneys get for that work. Do you have to take the Indian Bar?
I'm not interested myself but Elie might need the info for his next job.
K work bites! I once worked 42 out of 43 days with the one day off being Easter Sunday at S&C! All 10-14 hr. days.Then one day the project ended and I was at home for the next 2-3 weeks looking for other contract work.
don't you all wish you had a 'plan b' to fall back on?!?
Fuck this, it's time to start robbing banks. After all, the banks bribed the politicians to give them your tax dollars in the hundreds of billions, which they could then give a cut back of as campaign donations.
Our system has truly fundamentally broken now - the government is now openly taking absolutely everything from the middle class and distributing it to the rich (to fund campaigns and ensure later lobbying gigs) and the poor (whose votes can be bought with just enough food stamps to live on and talk of "hope and change").
The time for violent revolution approaches.
So I guess getting $30/hr for contract gig in a flyover city is pretty good after all, considering my lack of bar license, and TTT degree. And, I still get treated like a third class citizen regardless.
My heart goes out to all of the laid-off attorneys out there. I don't know what I would've done had I been in the same position. I probably would've had to move back in with my parents and get a job outside of NYC (fortunately, I did take two bar exams and can practice where they live). That would have been tough, though, and I imagine the vast majority of those without jobs will have to do something similar.
As to hanging a shingle, yes, it's good in theory but you still have to get your own malpractice insurance, pay for your own CLEs, pay for your own bar association memberships, etc. It's not as though there's no overhead (not to mention the work you'll have to do on your own b/c you can't pay another salary).
Question for 41 (or anyone with similar experiences)
If I've just taken the bar, and have a month or two (or more) until I start as an associate, what's the deal with contract work? I'm sure I'll get nasty comments about my job offer disappearing between now and then, which is quite possible, but assuming it doesn't, is doing contract work a decent way to scrounge some money before I start work as an associate? My ego is pretty small, as is my wallet.
Is this nearly impossible because of a lack of contract work? Possible but discouraged or disallowed by future employer? Possible but bad for career? Possible but bad for conflict creation?
Watch out for conflicts 61 - if you show up at your new employer with new conflicts from a temp gig, you will need to tell them about it, and they may be less than pleased.
Folks, you may find this hard to believe, but few laymen shed any tears for a lawyer who's out of work. In recent decades the number of lawyers has doubled and doubled again, but has justice improved? It's hard to see that it has. Most crimes go unpunished. Our civil justice is still coin-operated, perhaps more so than ever. Lawyers are still predominantly the servants of the wealthy against the middle class and the servants of criminals against the law-abiding. When you're prepared to protect the average citizen's rights as efficiently as you did Coral Watts's, we laymen might have a little sympathy for your financial problems. Until then, you'll just have to cry on each others' shoulders because there is no room for you on ours.
I LOVE being a k lawyer in CA.
$40/hour.
Overtime when I work more than 8 hours in a day.
Overtime when I work more than 40 hours in a week.
Double time when I work over 12 hours in a day or over 8 hours the 7th day in a row. Paid federal holidays, paid time off.
You east coasters--I cry for you!
Anonymous Contract Lawyer
Some ideas about this are posted at:
http://www.cathygellis.com/soi/2009/01/contract-lawyering.html
>I LOVE being a k lawyer in CA. $40/hour.>
That's been my experience in the SF Bay Area. I've been working doc review steadily for almost two years, one project after another. But I'm now hearing/seeing less $ mentioned, like $38, and also that there is a flood of available doc reviewers so we can expect the $ to go down as well as work to be more difficult to find.