A derivative of the electronic age is the substantial increase in documents on record, which has created a heightened need for skilled reviewers who are equipped to pore over tens of thousands of documents in a search for legally pertinent pieces of information. The result is a burgeoning new subset of attorneys who are called upon by law firms and corporations for this specialized purpose. These professionals, called contract attorneys, are hired on a temporary basis with the goal of working on one particular task until project completion. Their work typically entails the review, coding, indexing, and summary of discovery documents. Over the course of one litigation project, a contract attorney might examine millions of electronic documents, such as e-mails and memos.
A Soaring Trend
Companies increasingly are recognizing the benefits of using contract attorneys. When a law firm takes on a case that produces a spike in document review work, it often makes more sense to bring in professionals to tackle that specific work, and then release the temporary help as soon as the work dries up. In addition to gaining the specific expertise of document reviewers, this approach allows the firm to avoid tying up its own labor resources. It is not only more efficient, but cost-effective as well, and allows the law firm to pass the savings on to its corporate client, notes R. Michael Gibeault, national director of legal projects at Robert Half Legal, a legal staffing firm with locations in major markets across the United States and in Canada.
Just as law firms are cashing in on the usefulness of employing contract attorneys, the number of lawyers joining this trend is also on the rise, particularly among younger attorneys who are striving to achieve a work/life balance. Serving as temporary professionals provides them the opportunity to pick and choose the amount of time spent at work. The arrangement provides more flexibility than traditional law-firm employment, as they select which assignments to accept and then pass on those that are undesirable, unsuitable, or otherwise tie up their time when they need it most. "It´s a career choice," Gibeault explains. "It gives [contract attorneys] the flexibility to bring up a family, write a book, travel, or whatever the case may be."
Contract work also may serve as an opportunity to shine, providing attorneys the opportunity to prove themselves to prospective employers and attain the proverbial "foot in the door." It can also provide easier access to paid work when full-time work isn’t available. In fact, many contract attorneys have chosen this type of work arrangement as a means to maintain employment in today´s unsettled economy.
The use of contract attorneys is on the rise and the trend is likely to continue, say legal professionals. "The numbers have been dramatic," states David J. Maldonado, a Dallas-based senior vice president and national diversity coordinator at Special Counsel, Inc. "There are thousands of attorneys today who consider themselves contract attorneys."
"Today, more corporations and law firms are realizing the benefits of utilizing contract attorneys for document reviews, along with more substantive areas of the practice of law," adds Meron Hewis, a Philadelphiabased regional sales director for the Kelly Law Registry, a premier legal staffing firm specializing in the placement of highly experienced law professionals across the legal community. "Many major U.S. law firms now utilize contract attorneys, either at the request of clients or [in an effort] to attract cost-conscious clients and meet their deadlines."
Murky Waters
Legal placement professionals like Gibeault, Maldonado, and Hewis are quick to point out that this growing trend often represents a win-win situation. A law firm benefits by outsourcing work that would otherwise tie up large blocks of associates´ time. Likewise, a lightened work load and time off from work to join in other pursuits is priceless for many contract attorneys. Nevertheless, an underground culture has emerged in which contract attorneys are speaking out about the substandard treatment they receive as temporary employees.
Joseph S. Miller, a former contract attorney who now practices public interest and communications law in Washington, D.C., is at the forefront of this movement. He perhaps is the most outspoken member of the community, and has spent the last few years blogging about the poor work conditions of contract attorneys. (See more at joemillerjd.com.) He cites the fundamental struggles of difficulty finding work, insufficient wages, lack of benefits, inadequate training, and a lack of respect and stigmatization. Further, he argues that clients must instruct law firms to remedy such shortcomings, and to elevate contract attorneys within the organizational structure.
He´s not alone. At temporaryattorney.blogspot.com, contract attorneys have come together virtually to sound off about the injustices of contract professionals. The Web site, called "Temporary Attorney: The Sweatshop Edition," is a collection of blogs dedicated to "temp life at some of America´s most notorious legal sweatshops." The lawyers behind the site collect law-firm horror stories from readers, and identify a handful of what they call "temporary attorney sweatshops" and agencies that engage in questionable labor practices.
Another voice in the legal blogosphere, this one anonymous, speaks out on specific ways that employers haven´t stepped up to the plate for the contract attorneys they´ve hired. On blogger.com´s "Freeloader Attorney" page, one anonymous contract attorney proclaims: I´m working on a patent review and don’t understand the subject matter. As always, we´ve been trained narrowly on the topic and have keywords; we may also use the batphone whenever necessary. Since none of us are patent attorneys (they have actual jobs), none of us are very clear on whatever it is we’re working on. It´s like we´re 20 kinds of stupid, nevertheless, reviewing the documents.1
Good with the Bad
Few would dispute that being a temporary professional presents certain disadvantages. Most contract attorneys, particularly those involved with document review, spend their days holed up in a conference room or in an off-site building, tasked with scanning e-mails, memos, presentations, and other documents with little or no interaction with others. The work is often tedious and mundane, and is light years away far from the stimulating, challenging work they´ve been trained to do. This can take a toll on an attorney´s self-esteem, especially since their work often is perceived by peers as "not real legal work." What´s worse, an unspoken perception seems to persist within law firms that contract attorneys are second-tier attorneys. "I feel like Tom Hanks in the movie Cast Away," writes a Washington, D.C., contract attorney who runs MyAttorneyBlog.com. "Yes I have co-workers but most of the time I just come in, sit at my desk, put on my headphones, and listen to talk radio while I click away."2
One of the chief complaints of contract attorneys is the lack of investment they receive from the law firms that hire them. Firms typically do not offer benefits to contract attorneys: no health insurance, no reimbursement of tuition, no continuing education credits, and little access to mentors and a collegial working environment.
Without an investment in their professional development, contract attorneys argue, this pool of talented professionals is getting the "short end of the stick." Furthermore, this approach also leaves open to debate whether the firm´s corporate clients are getting the best possible product. "Firms offer full-time employees a slate of benefits to keep them motivated and performing at very high levels," notes Miller. He continues:
First-year associates at large firms walk in the door and are often making $160,000 per year, plus medical, dental, and vision insurance, maternity leave, paid vacations and holidays (at least in theory), yearly salary increases, and 401(k) plans. Some firms even have weekly yoga classes. A new contract attorney starting her first project [might] make $35 per hour plus overtime, with none of the other benefits.
If salary and benefits are reliable predictors of the level of quality that the employee receiving them will provide, then I would have to say that the way contract attorneys are treated has a negative effect on the quality of work. But most of the contract attorneys I’ve encountered work their hearts out.
Working as a contract attorney also presents a host of challenges linked to individual marketability. Many types of work performed by contract attorneys are at risk for being outsourced to India or other nations where costs are much cheaper, notes Miller, leading to an unstable future. Furthermore, Miller believes, too much time spent doing this type of work potentially can hurt an attorney´s resume and job prospects. When a firm considers hiring a full-fledged attorney, he argues, it is less likely to look at candidates who have spent large blocks of time doing document review. "The lack of additional training creates conditions that make it more difficult for contract attorneys, in interviewing for full-time positions, to discuss any of the skills that they are bringing to the table in addition to document review," Miller states.
Being a temporary professional presents certain disadvantages. Most contract attorneys spend their days holed up in a conference room or in an off-site building, with little or no interaction with others.
And when a project dries up, it´s time to once again "hit the pavement" in search of work. "[Contract attorneys] have to be sure that they´re constantly marketing themselves," explains Maldonado. "Some people are able to have a gap in their employment, but others have to have as steady a stream as possible, requiring them to be more diligent about scoping out what´s out there."
Firms Respond
Some placement firms that are responsible for linking contract attorneys with temporary work have begun to take notice of these disadvantages, and are taking measures to improve the situation. For example, Gibeault points out that Robert Half offers its full-time employees a full benefit package, including continuing education credits and health insurance. In addition, the company assigns a project leader to each case to serve as a liaison between the group of contract attorneys on any given project and the corporate legal department that hires them, a practice that improves communication and ensures a better working environment for their project professionals.
Hewis believes that the resumes of contract attorneys may actually benefit from specialization. "Recent law graduates who are having a difficult time finding a permanent position, or more-experienced attorneys who are looking for a new position, find that contracting connects them to many premier law firms and corporations," she explains, adding that working in a contract position may afford an attorney an opportunity to impress a client with their skills and experience, which eventually could lead to a permanent position.
Hewis also suggests that a law firm´s corporate clients benefit: "Strategic use of contract attorneys provides law firms the flexibility to add staff without adding overhead. It is a cost-effective way to provide expert legal services in a competitive legal environment."
Diversity and the Use of Contract Attorneys
Miller contends that potential problems exist with respect to diversity and the makeup of the contract-attorney workforce. He believes that a disproportionate number of minorities populate the pool of contract attorneys, which he sees as an indication that law firms are not selecting enough minorities for full-time work.
Although it is widely accepted that diversity within the legal profession has a long way to go, legal placement professionals note that the numbers among contract attorneys are, in fact, proportionate. Gibeault demonstrates that the pool is a diverse group in many senses, not only with respect to ethnicity. "From educational background to experience in the legal community, right across the board, it´s extremely diverse," he notes.
Another potential concern is the possibility that law firms are using contract attorneys to make their rosters appear more diverse. Could firms be using minority contract attorneys as a type of window dressing? No, replies Gibeault. "I have never seen that." In fact, he continues, his company has full discretion over who is sent over for any given project, and doesn´t receive requests for specific groups of professionals.
A Matter of Choice
Many contract attorneys have found an ideal solution in this work arrangement. In their analysis, freedom from the obligations and pressure that go hand-in-hand with full-time, partner-track work trumps the negatives. For others, on the other hand, this work often comes at a cost—particularly for those who have taken on contract work to fill the gaps in their employment.
Many contract attorneys have found an ideal solution in this work arrangement. In their analysis, freedom from the obligations and pressure that go hand-in-hand with full-time, partner-track work trumps the negatives. For others, on the other hand, this work often comes at a cost-particularly for those who have taken on contract work to fill the gaps in their employment. As with any evolving role, several kinks need to be worked out. Perhaps in time, when this happens, and when the legal profession commits more resources to the advancement of the professionals providing this valuable resource, the role of contract attorneys will gain even more supporters. DB
Kara Mayer Robinson is a freelance writer based near New York City.
Notes
1. "Patent Reviews," www.freeloaderattorney.blogspot.com, September 14, 2008, last visited December 2, 2008.
2. "Still Stuck On The Same Gig And Starting To Forget What It´s Like To Be Between Projects," www.myattorneyblog.com, January 30, 2008, last visited December 2, 2008.
From the Sepetember/October 2009 issue of Diversity & The Bar®