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 

Feb 24

Written by: Seth Azria
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.

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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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