Ethics Opinions

Ethics Opinions

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Ethics Opinions

American Bar Association 

Formal Ethics Opinion 08-451: Lawyer's Obligations when Outsourcing Legal and Non Legal Support Services(2008)

Formal Ethics Opinion 00-420: Surcharge to Client for Use of Contract Lawyer (2000)(PDF)

Formal Ethics Opinion 93-379: Billing for Professional Fees, Disbursements and Other Expenses (1993)(PDF)

Formal Ethics Opinion 88-356: Temporary Lawyers (1988)

Note: American Bar Association Ethics Opinions are available for purchase and download directly from the ABA. 

State and Local Opinions

Colorado Bar Association Ethics Opinion 105: Opinion on Temporary Lawyers

DC Bar Opinion 284: Advising and Billing Clients for Temporary Lawyers

Georgia State Bar Formal Ethics Opinion 05-9: ( presented in memo form: Question Presented: Is it ethically proper to work on a temporary basis for other attorneys? Is it ethically proper for a lawyer, law firm, or corporate law department to hire other attorneys on a temporary basis? Short Answer: Yes...)

Los Angeles County Bar Association Professional Responsibility and Ethics Committee Opinion No. 518: Ethics Considerations in Outsourcing of Legal Services (2006)

New York Bar Association Ethics Opinion 715 - Topic: Conflict of interest; sub-contractor to multiple law firms (1999) (PDF)

New York City Bar Association Committee on  Professional and Judicial Ethics Formal Opinion 2006-3: Topics: Outsourcing Legal Support Services Overseas, Avoiding Aiding a Non-Lawyer in the Unauthorized Practice of Law, Supervision of Non-Lawyers, Competent Representation, Preserving Client Confidences and Secrets, Conflicts Checking, Appropriate Billing, Client Consent.

Virginia Legal Ethics Opinion 1735: Attorney Rendering Professional Services for a Client of a Law Firm when Attorney is an Independent Contractor Rather than an Employee or Partner of the Law Firm 

Author: Seth Azria Created: 4/20/2008
This information is presented to inform and develop ethical and best practices in freelance and other non-traditional legal practice. OSA is dedicated to unlocking the potential of freelance, remote and other innovative approaches to legal practice and invites all members of the bar to comment and and contribute.

Freelanace Lawyer Relationship Generally

By Seth Azria on 2/24/2009

The Ethics Committees refer to temporary attorneys, contract attorneys, or independent contractors, we take “freelance lawyer” as included in those categories. The Ethics Committees vary on the details, but seem to concur that attorneys and firms may use unassociated attorneys to serve clients.

Update. ABA Opinion 08-451 affirmed the use of outsourced legal services is not inherently unethical. Read More »

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Billing Freelance Lawyer Legal Services to Clients

By Seth Azria on 2/24/2009

An important distinction in billing a contract lawyer's work seems whether the contract attorney's fee is billed as an "expense" or a "legal service." Typically an attorney must pass “expenses” through to the client largely unchanged. On the other hand, a retaining attorney may add a profit to a fee paid to contract attorney for "legal services" rendered. Our reading of the opinions clearly suggests actually billing as one or the other is optional and not compelled by rules other than those that normally apply to all lawyers., e.g. total reasonable fee. The surcharge issue appears different in Maryland and Connecticut. ABA notes disagreements in footnotes of opinion 00-420.

Update. see p 5 ABA Opinion 08-451. This analysis appears to affirm ABA-420 and treat contract legal services, billed as such, much like a intra-firm billing.

Read More »

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Disclosing Freelance or Contract Attorney Involvement in Your Case

By Seth Azria on 2/24/2009

The Ethics Committees seem to agree that as a contract attorney’s involvement increases, the retaining attorney's duty to disclose that involvement to the client also increases. However, the committees seem to disagree as to whether disclosure is appropriate in all cases or when the contact attorney learns privileged information. For example, the NY City Bar appears to adopt a position in favor of disclosure in all cases, while NYSBA and ABA take a more nuanced approach.

Most recent: see p 4 ABA Opinion 08-451 p. 4. Whether a retaining attorney has direct supervision over outsourced lawyer is an important issue related to disclosure.

ABA Opinion 08-451 discusses other matters related to the nature of the outsource operation and the skills of the contract lawyer. OSA was built to with those considerations at the forefront and addresses each by making a relationship formed through it as close to one formed between two lawyers present in the same off Read More »

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OSC Ethics in Innovative Legal Practice

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OSC is dedicated to unlocking the potential of freelance, remote, and other innovative approaches to legal practice. This information is presented and maintained to inform and develop ethical matters and best practices in freelance and other non-traditional legal practice.

OSC invites and encourages all members of the bar to comment and contribute.

OSC's Position
Despite any language that may seem to suggest otherwise, OSC is an office building on the web for freelance lawyers and modeled on a group of lawyers sharing office space. The OSC Managing Attorney is a technical position, and the rough equivalent of a receptionist and superintendent.  OSC is not an employer and is bound by agreements with freelance lawyers to offer their services and maintain their building in a particular form. 

All relationships formed for the purpose of delivering legal services are between two lawyers only, either Seth Azria or any other freelance lawyer and a retaining attorney. In collaboration situations, a freelance lawyer may also act as a retaining attorney.

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