Law firms are increasingly turning to project-based temporary "freelance" or "contract" attorneys during peak times to handle projects from document review to substantive research and writing.
The California Code of Professional Conduct is silent regarding temporary attorneys, indicating the rules that apply to all California lawyers regardless of designation. Part one of this article discusses conflicts of interest, aiding and abetting the unauthorized practice of law and the duty of competence. This second part addresses five additional ethical considerations when outsourcing legal work to an outside attorney: the duty to disclose to a client, allowable fees, the duty to maintain client confidences, fee-splitting and malpractice insurance.
