One of the ways I've earned money since law school is by doing contract research and writing. Almost all of my contracting work has come from solo practitioners, and the rest from small firms, so I can't speak to the big-firm contracting experiences (mostly negative) I've read about online, where the contractors are in sweatshop-like conditions. (I'm assuming the bloggers were exaggerating -- at least, I hope so.)
I get asked a lot about contact work from law students and new grads who are looking for work or who aren't sure what they want to do yet, and who think contracting may be a good way to tide them over until they get a "real" job (or open a solo practice) or figure out what it is they really want to do.
Basically, a contract attorney in my position gets called at the last (or nearly last) minute to perform some research and writing task that the principal attorney doesn't have the time or motivation to do. Occasionally (though more often for me recently), the contract attorney will get a call from an attorney who just wants to bounce ideas off of the contractor and discuss strategy. The most common place I'll get called in, though, is to respond to motions for summary judgment.
I get asked a lot about how I find work. Just about every contract job I have is through word of mouth, from classmates and from other practitioners. I've responded to a few ads, but only one of them netted anything.
I enjoy contract work, for the most part. I love going through discovery (though I'd probably hate it if it was my primary function) and digging for useful facts. I love reading depositions. I love making legal arguments, and I love working on complex litigation. I really love rinding out that it's my memo or brief that kept the case from being tossed. Another plus? Attorneys pay more regularly than clients, and usually quite promptly.
Contract work will also give you great exposure to other areas of law that you might never have even thought existed. (Often the questions I'm asked to research are novel -- the easy issues lawyers handle themselves.) There's a lot of room for creativity. And if you didn't know your jurisdictions rules for civil procedure or local rules, you will learn them in a hurry with contract work. You'll get used to saying, "Sure, that sounds interesting!"
But there are drawbacks. It's not something you're likely to make a terrific living from in the beginning. Sometimes you have more work than you can handle, but most of the time you don't, and it's impossible to predict when the lean times will come. (December 2006 I was crazy busy, but December 2007 was almost completely dry.)
And how do you know what to charge? Sometimes the local law school career services office can point you at a range, but it's still an art form. Attorneys (like clients, or anyone else) tend to put a value on services, and if you charge too little, you may be perceived as downmarket. If you charge too much, you may price yourself out of a job. (Even though they will likely triple what you bill and pass that on to the client.)
And attorneys can be difficult to work for. Some solos are difficult personalities, or at least very particular people. Some micromanage and want constant updates. Some want a yes person -- basically, someone to rubber stamp or verify what they want to do. When this happens to me, I try to explain why something will probably not work, but also try to point out areas where an argument might be strengthened. (In this way, contract lawyering is like any other job I've ever had: I am a good "no" person.)
Another consideration is office culture -- is the attorney the controlling type, who doles out information in dribs and drabs and always leaves you guessing about the rest of the case? It's frustrating, because while they may have all the facts about the case in their head, I don't -- and I can't do my best work product without reading the file, top to bottom. Sometimes I'll spot something that I can use. So always try to get as much of the client file as you can before you work on a project -- insist on reading the depositions, even if the attorney tells you not to bother. (They may not want to pay your hourly rate for you to do the extra file review, but you've gotta do it -- even if they do act as though you're pulling the food from their children's mouths.)
Sometimes it's hard being in the background. Only one attorney I regularly work for will trumpet my involvement to both his clients and to other attorneys -- usually I don't get any credit at all. Sometimes it's a bit strange writing something that someone else will sign his or her name to -- there's no dishonesty (although bar associations have been jumping all over attorneys who draft paperwork for pro ses to file), but it's just...odd. Often I never know how things turn out after I finish the assignment and email an invoice. One attorney I do work for a few times a year, so months will go by without my hearing from him, and I'll wonder if I did a good job or if he hated it. The only way I'll know is when the next job from him goes in.
There's more, certainly, but this is a start. I composed this between moving furniture, dealing with the Direct TV guy and a barking dog and crying baby, attending a baby shower, and moving more furniture. I'm beat. On the plus side? The Peach's nursery is almost complete!
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