Contract Attorneys

News & Analysis as of

Improper Use of Contract Attorneys, Failure to Disclose Terms – This Case Has It All.

Estate professionals are under continued scrutiny. Unlike other professionals, getting paid is not simply a matter of sending a bill. The bankruptcy court, appropriately so, closely oversees the amount and timing of payment...more

Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt

The lawyers in our readership are quite familiar with the fact that, as a general matter, practicing attorneys are not entitled to overtime pay under the FLSA. But does that exempt status change when an attorney is retained...more

Federal Court Says Document Review By Contract Attorney Is Exempt Work

On December 30, 2015, a federal district court in Manhattan ruled that a temporary contract attorney was not entitled to overtime under the Fair Labor Standards Act or the New York Labor Law for the time he spent assisting in...more

Top tips for firms hiring contract attorneys

With rate pressures and expenses mounting, law firms are looking for new ways to make ends meet. One area that seems to be exploding is the use of contract, or freelance, attorneys. Often, these attorneys are willing to apply...more

What Constitutes the “Practice of Law” Under the FLSA Overtime Exemption? Second Circuit Gives Its Opinion

Last week, the Second Circuit revived an attorney’s claim that he was owed overtime compensation under the Fair Labor Standards Act (FLSA) and muddied the waters as to when a professional is exempt from the FLSA’s overtime...more

More Risks to Consider When Using Contract Attorneys

Our previous article, "What to do When Hiring a Contract Attorney" (Daily Report, June 15, 2015), discussed some of the rewards and risks of using contract attorneys. Based on the response from readers, one thing is...more

Document Review Attorneys May Not Be Exempt From OT, Court Says

Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually reading and analyzing the documents in light of the...more

It Might be Mechanical, But It’s Exempt: Court Dismisses Temp Document Reviewing Attorneys’ Overtime Collective Action

A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v....more

Hiding in Plain Sight: The Importance of Attorney Bios

Underneath all the performance metrics, alternative fee arrangements and efficiency mandates, law is still principally a relationship-based business. When general counsel look to hire new outside counsel, it’s a given that...more

Deploying Trainers in Technology-assisted Review (TAR) without “Spoiling the Broth”

Leaving little room for interpretation, the court in Coquina Investments v. Rothstein, stated that the defendants’ litany of ediscovery project management pitfalls (which involved over 200 attorneys across two firms)...more

Computer-Assisted Review Costs Awarded in California Patent Case

Court finds that using technology to undertake more efficient document review is reasonable. On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more...more

Connecting the Dots: Carrying Costs, Outsourcing, Contract Lawyers and Working from Home

Within hours of publishing my article reacting to Yahoo’s reversal of a longstanding work-from-home policy, I was engaged in a lively debate with a law firm managing partner regarding the benefits of a distributed workforce....more

Contract Attorney's Conflict Not Grounds For Disqualification

Originally Published in American Bar Association Litigation News, December 13, 2012. A contract attorney for a plaintiff's firm who had previously represented the defendant in the same case was not "associated" with her...more

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