Contract Attorneys

“Hey Mike, we’re having issues with your key fob. We need to reconfigure it.”

That may seem like a pretty random quote with which to begin a blog post, but trust me, it will soon make sense.

There has been a lot of chatter recently about contract attorneys and Biglaw. Some are finding themselves getting blacklisted left and right, which is not exactly breaking news in their corner of the e-discovery industry. Other contract lawyers are more resourceful, ahem, finding other gigs to support themselves. Earlier this week, there was another article about how contract attorneys are on the rise and how the pool of contract attorneys has never looked better.

Recently, however, between celebrating July 4th and our nation’s independence, knocking back a few Cuba Libres, and watching my beloved Argentine National Soccer Team completely self-destruct against the Germans, I was reminded of another aspect of being a contract attorney. (BTW, I say my Argentine National Soccer Team because my father is from Argentina. My mother was an American of Irish descent. Somehow, that makes me a Costa Rican.  I know. I don’t get it either, but I digress.)

As a contract attorney, there are only two things the agency or firm you work with will definitively tell you: the day you start (and that’s not always so definitive) and the day you’re finished.

With that in mind, I decided to open a window into the world of contract attorneys and how they meet their fates in three separate instances. One I corroborated with several of my colleagues. Another I witnessed myself. Oh, and a third I am extremely familiar with, considering the attorney in question was me. Your feel-good post of the week awaits you, after the jump.

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staff attorney contract attorney doc review.jpgThe recession has forced Biglaw firms to lay off some of the best and the brightest in the legal field. Many of these Biglaw refugees have wound up seeking out contract work (despite the long-term risks), and that means the pool of contract attorneys is mighty pretty right now. In-house legal departments have noticed and are taking advantage, reports the Legal Intelligencer (in an article we mentioned in the Holiday Docket yesterday).

In an ACC survey about the effects of the recession that we wrote about last week, 51% of in-house folks reported an increased workload last year. And staffing firms say that general counsel are looking to them to help out. Gina Passarella writes:

Project attorneys are a more viable answer to the budget problem in part because there are so many skilled lawyers out of work due to layoffs at AmLaw 200 firms and the consolidation of legal departments prior to the economic downturn, which led to cuts in those departments as well, [staffing firm owner James] LaRosa said.

“The pool of contract attorneys right now is exceptional,” he said.

A typical candidate right now would have experience at either an AmLaw 200 firm or a specialized boutique, and oftentimes will have law department experience as well.

The pool may be exceptional, but the pay is not. Will contract attorneys be as appealing once the economy bounces back and Harvard grads can get big-paying, Biglaw jobs again?

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“How is this guy working and not me?”

As the economy was tanking at the end of 2008, I, like many contract attorneys, found myself scrambling for work. One night, while frustratedly clicking around the internet for leads, I happened to come across this post from the blog Anonymous Contract Lawyer:

I almost forgot I was working at a law firm for the past 4 months. No pressure, no expectations, come and go as we please as long as we make the Monday status meeting and clock 8 hours a day. Economic downturn? Like lightning, it hit around our protective contract bubble.

“How is this guy working and not me?” was the only thought running through my mind. What I was to find out was that this “guy” was actually a woman, who was reviewing docs across the country in San Francisco.

After scanning through a few entries of her blog, I was hooked. I now follow her blog pretty regularly. It could be a manual on “things no one ever tells you about document review.” The format is simple, smart, informative and funny. Also, she’s a huge fan of Above The Law (except for the contributions of Hope Winters).

So why does this attorney want to remain anonymous? I mean, I know the need to conceal one’s identity is mostly a foreign concept to the readers of this blog, especially those who comment.

Well, first, she is a contract lawyer, and considering Elie’s post the other day, I guess that’s enough said right there.

But there are other reasons for sure. I recently had the chance to speak with the Anonymous Contract Lawyer (ACL) herself. You won’t find photos of her on her ACL blog, but you will find them on an adult website dedicated to “force-feminizing” men. Caveat: There are some raunchy details awaiting, after the jump.

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During this recession, there have been a lot of would-be Biglaw associates that have been forced into taking temporary contract work. People have to do what they can to pay the bills.

But in so doing, are they harming their chances of ever getting a full-time job? One recruiting firm thinks they are.

A tipster received a disheartening letter from a legal recruiter:

I submitted a resume to [You Suck] Atty Search nearly two months ago and received this response today. I have passed three bars and have prior firm experience but I am currently working in a contract position. This is the response I got – all I can think is that does this guy really understand what the job market is actually like and how many talented and smart attorneys are currently stuck in contract positions due to the changing market and economics?

Found it to be incredibly condescending.

After taking two months to respond, the recruiter essentially told this candidate that law firms are prejudiced against contract attorneys, notwithstanding the terrible economy…

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“Hey, are you on the Posse List?”

“The what list?”

A long time ago, in a galaxy far, far away — seven years ago in the Farragut North area of Washington, DC — the “what?” list was my response when I first heard of the Posse List from a fellow contract attorney on one of my first projects. At the time, I was a newly minted lawyer, who also happened to be broke and unemployed.

“The Posse List,” replied my colleague, handing me a piece of paper. “Here, write down your email.”

Soon after handing over my email address, messages started appearing a couple of times a week in my inbox from The_Posse_List@yahoo.com. The emails contained news about various projects in D.C. that were either about to start or status updates on current ones. It was sort of my own personal “heads up” as to what work was available.

I was lucky to be one of the first few hundred people added to the list. In 2003, very few contract attorneys knew what the Posse List was; by 2005, it was a household name. And today, in the world of e-discovery and legal technology, it is known around the world.

So how did the Posse List attain such a long reach from such humble beginnings?

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Lance David Lewis had one of the best jobs in the world. He was getting paid a couple grand a week, and he didn’t have to do any work for it. Too bad it wasn’t legit.

Early last month, the former Pennsylvania lawyer was finally disbarred with consent (meaning that he can’t defend the charges against him). Why?

Well, first, he was once charged with attempted murder. However, that charge was later dropped, and he pleaded guilty to some misdemeanor assault charges. Hell, who hasn’t that happen to them at least once or twice?

Oh, and he also swindled a portion of a settlement away from one of his clients. So, thus far, he’s batting 2 for 2.

What really accelerated Lewis’s downfall from the law? Lance David Lewis may very well be one of the first e-discovery contract attorneys to be disbarred for his malfeasance on a document review project — or, better put, off of a document review project.

In nine months, Lewis managed to rake in nearly $80,000 for work he never performed, contracting at a law firm via a staffing agency.  In this case, the staffing agency was HireCounsel, and the law firm was Pepper Hamilton.

So how was he able to pull this off?  The Office of Disciplinary Counsel of the Pennsylvania Bar lays this out in pretty excruciating detail….

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Biglaw’s Status Issue

Patricia Gillette of Orrick.jpgOver the weekend, I read an interesting article by Orrick partner Patricia Gillette about how law firms should rethink how and who they layoff in an economic downturn. Normally, when firms find themselves in a financial pinch, they immediately slash those that they consider most dispensable: the contract lawyers, part-time lawyers, and support staff that may very well be crucial to the firm running smoothly.

While it’s always attention-grabbing to hear critical rumblings out of the belly of the beast that is “Biglaw,” one paragraph from the article struck me. I read it again to make certain I had understood it correctly. Gillette says that not all of the best and brightest lawyers wind up as Biglaw associates. Craziness…

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solo practitioner solo practice hang shingle.jpgWe have linked in the past to Big Debt, Small Law. Like Third Tier Reality, which we linked to yesterday, Big Debt focuses on exposing what the writer sees as the fraud of American legal education and the legal profession more generally.

The bloggers behind these and similar sites — deeply bitter and angry, but often viciously funny — vent at length about non-elite law schools that lure in students with false promises of post-graduation job opportunities and six-figure salaries. Students at these schools take on six figures of educational debt, devote three years of their lives to law school, and then can’t find jobs when they graduate. If they’re “lucky,” they secure employment as contract attorneys, reviewing documents for $21 an hour — and even these temp attorney jobs are disappearing, thanks to outsourcing.

Is hanging up a shingle, and going into solo practice, a viable way out from under this debt and misery? We have previously offered several positive posts about solo practice.

But Law Is 4 Losers, the author of Big Debt, Small Law, has his doubts. For the sake of balance, let’s look at his objections.

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Soul for Sale law student.JPGTo be clear, we at Above the Law don’t go out and proactively search for the most terrible jobs being offered to law graduates in this economy. But because of the recession, there just seems to be an endless supply of really horrible things you can do with a J.D.
The latest entry into the “you call this a job” contest comes from Craigslist, San Francisco.

National staffing agency is seeking contract attorneys for an upcoming document review project in Kalispell, MT (near Missoula, MT on the west side of the state). Licensure in any jurisdiction is OK. Please forward resume as a word attachment. At this time, travel and lodging expenses will not be covered. Details to follow.

Some thoughts on this opportunity, after the jump.

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staff attorney contract attorney doc review.jpgThe world of contract attorneys isn’t our primary focus around here. We make occasional forays into that territory, but for the most part we leave it to more specialized sites, like Temporary Attorney (aka Tom the Temp).

If the temp-attorney world is your cup of tea, however, then check out this interesting new site, which several ATL readers have emailed us about: Big Debt, Small Law. We reached out to Law Is 4 Losers — the angry author, who still works as a contract attorney (he just finished a New York project for a large national law firm) — and asked him about the site’s origins. He explained:

I was prompted to start the blog for two reasons. First is the membership solicitation from the ABA asking me for $250 in dues and listing all the wonderful things that they’ve been doing of late to “improve” this profession (curiously, outsourcing my job to India via ethics opinion 08-451 was not among them).

Another reason was my recent NYS Law license renewal of $350. There was no waiver provision or extension for unemployed lawyers. [W]e contract attorneys have to pay health insurance, bar dues, CLE fees, and other obligations out of our own pocket. And at the $28 an hour straight-time now offered by NYC Biglaw (or the $40K small firms are paying), this is a hell of a lot of money. Forcing people to choose between their rent and their job is unconscionable….

I hope to warn incoming One L’s and prospective law students about the reality out there behind the slick admissions brochures and silver-tongued charlatan deans who will lie thru their teeth to get their hands on that Sallie Mae loan money. I’d also like to lobby the state bars to offer fee waivers or extensions on dues to unemployed lawyers who can prove financial hardship.

If you’re an associate and feeling sorry for yourself, perhaps because your pay has been cut or layoffs are taking place at your firm, Law Is 4 Losers doesn’t want to hear it:

Bad as things are for associates, they are 100 times worse for doc reviewers. We’ve been losing jobs every few weeks or months ever since leaving law school, having no “careers” to speak of, and also no health insurance, severance, or savings.

His most recent blog post — deeply depressing, but scabrously funny — describes the misery of temping at two of Biglaw’s biggest names: Paul Weiss and Sullivan & Cromwell. And he doesn’t pull his punches.

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Salary Cuts.jpgIs it nationwide salary cut day and nobody told me? Earlier today, Bryan Cave cut associate salaries. Now, Fish & Richardson will be doing the same thing. We just don’t know when.
At a firm wide video conference today, Fish & Richardson president Peter Devlin said that the firm would be cutting salaries in the near future. As we understand it, the chairman didn’t give a specific date. But he did say that Fish & Richardson would be moving towards a “meritocracy” with regards to its salary structure.
Update (3:47): We’re still waiting for Fish & Richardson to get back to us directly, but firm president Peter Devlin now says that he did not suggest that Fish would be cutting salaries in the near future. Here is a statement he sent out to the firm:

Shortly after my address at today’s forum, a story appeared on the Above the Law website erroneously stating that I had announced that F&R would be “cutting salaries in the near future.” In fact, I said the opposite – that the Management Committee is not considering cutting our associate salary scale this year, despite the fact that several other firms have done so. I went on to say that we are reviewing our associate compensation system in view of the changing market, and that in my personal view any new system should link compensation with meritorious performance, put less emphasis on hours, and move away from lockstep advancement. You’ll be hearing more about this as our work progresses.

Did our tipsters misinterpret Devlin’s statement of moving towards a merit based system as a salary cut? Only time will tell. We’ll update you again if Fish & Richardson chooses to respond.
Boy, if lockstep was such a horrible system that didn’t reward merit, you have to wonder why nearly every firm used that system for so long. I bet there are a lot of people who wish they had been rewarded on merit during the boom times, instead of being punished for “performance” during the bad times.
The news should hardly come as a surprise to (remaining) Fish & Richardson associates. In January, the firm announced that it had laid off 49 lawyers. In May, the firm laid off 120 people. The salary cuts are just the latest cost cutting measure from the firm.
More details from the video conference, after the jump.

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Notes from the Breadline Roxana St Thomas.jpgEd. note: Welcome to the latest installment of “Notes from the Breadline,” a column by a laid-off lawyer in New York. Prior columns are collected here. You can reach Roxana St. Thomas by email (at roxanastthomas@gmail.com), follow her on Twitter, or find her on Facebook.
I am sitting in the war room, trying to guess what time of day it is and what the weather is like. Have I been here for an hour, or is it closer to lunchtime, and a brief respite from the monotony of document review? Is it a beautiful day outside, or is it dark and rainy? There are no windows in the room, so these details can be elusive. I will myself not to look at the clock, anticipating the pang of disappointment that comes with knowing just how many hours lie ahead. A moment later, I give in: 10:30. I sigh and turn back to my computer.
A week into the document review, my days have taken on a deadening sameness. I go to the office. I plow through documents. Ben Gay applies healing ointments to his joints; Mr. Potato Head samples from each of the major food groups. At some point, Elisa comes in to verbally abuse one or more of us. When she leaves, no one can get back to work until the nature of her bitchiness and the ridiculousness of her review protocol have been thoroughly deconstructed. These sessions seem almost necessary, a way to cleanse the collective palate of something bitter and distasteful.
They are also, sadly, the moments when the occupants of our forgotten room seem most alive, and when I catch flickering glimpses of the lawyers many of them are, or have been. In the process of discrediting Elisa and her somewhat arbitrary choices, the reviewers defend their judgment calls, piece together strategic arguments, and display a practical command of litigation that seems far greater than that of our young overseer. Still, these attempts at legal discourse invariably remind me of law school, when people immerse themselves in the painfully earnest discussion of substantive issues, with no sense for how ultimately unimportant their opinions are.
I try to remind myself that this is work, and — while far from ideal — it is better than the alternative … or at least more lucrative. But it’s hard for me not to think about document reviews I did as an associate. Although they could be tedious or frustrating (or tedious and frustrating), they often felt more like a blitzkrieg than a prolonged occupation. It was different when I was immersed in a case, faced with a deadline, and anxious to see what the documents would reveal; I remember the purposefulness of turning my attention to the task at hand, the measurable sense of progress, and the feeling of dorky satisfaction that came from seeing the pieces of the puzzle fall into place.
This assignment has none of those features. Elisa has given us almost no background information; without a feel for the context of the case, I spend an inordinate amount of time worrying about whether I’ve missed some crucial nuance. I can recognize names, but I still have no sense of the people they belong to. And while I — like many lawyers — have indulged in the fantastic notion that my hours of scut work will pay off with a Perry Mason moment, I don’t even know enough about the case to picture the eventual cross or deposition during which the important documents will be brandished at a blanching witness.
More after the jump.

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