Nomad Dream Jobs: Remote Freelance Lawyer

by Ryan Vagabundo

Have briefs, will travel!

The gig economy isn't just for taxis, McNugget delivery and programming anymore. As much as 1/3 of the United States workforce may be freelancing on at least a part-time basis according to recent surveys, and there's no reason why that trend shouldn't touch the legal profession.

This is something distinct from the automation trends that are so strongly affecting the legal assistant and paralegal professions, however. Big firms and corporate teams are increasingly outsourcing actual attorney work, generally when they have more than their regular in-house staff can handle or someone goes on extended leave. The range of possibilities is great, with just about every area of practice from administrative law to white-collar criminal cases on the table.

Though law schools are currently graduating slightly more lawyers than there are full-time job openings for them, that doesn't appear to be the primary driver of the freelance lawyering trend in the way it is with other fields of employment that are more prone to outsourcing; the Department of Labor projects that the industry will maintain its steady 6% annual growth rate for as far as forecasts can see. From the law firm end, it's a simple cost control measure that also adds value that standard legal process outsourcing can't. From the lawyer end, the appeal is the same as it is with most other forms of freelancing: working from home, greater freedom in setting your own schedule, and not having to get dressed up. Young associate attorneys looking to build experience also often find it a more appealing option than grinding out document review in a cubicle farm.

How Do Freelance Lawyers Find Jobs?

There are two primary avenues through which a lawyer looking to freelance can connect with opportunities. One is a professional association, such as the National Association of Freelance Legal Professionals. The other venue is an online contract lawyer marketplace. Some of the larger examples of these are Custom Counsel and Montage Legal Group. Even general freelancer platforms like Upwork and Guru have sections for work of this nature.

Screening requirements vary widely between marketplaces. Some keep only a small pool of freelancers on hand who graduated from upper-tier law schools and already have years of experience in government or at a large firm, whereas others will take just about anyone who is in good standing with their state bar and can prove their identity.

How Much Do Freelance Lawyers Make?

Freelancers generally set their own prices even when working through a marketplace, so the pay range is roughly the same as it is in traditional full-time work. For example, Custom Counsel claims that the vast majority of the work they see falls in the range of $100-150 per hour.

It's important to note that a marketplace may take a fee for their services out of this, however. This generally ranges from 10% to 40% depending on the nature of the project but varies by marketplace whether this is added to the client end or taken from the lawyer's agreed-upon pay. And of course, a freelance lawyer is going to have to forego a benefits package and will have to pay for their own health insurance.

How Work Is Handled

The freelance attorney is usually hired by another attorney rather than establishing a direct relationship with a client. This allows them to do actual interesting lawyer work, such as drafting pleadings and covering depositions, even potentially when they are not in the same jurisdiction.

The lawyer hiring the freelancer is, at least in the view of the American Bar Association, the one that is ultimately responsible for the services provided to the end client. This is what makes interstate remote work possible in some cases. The lawyer or firm hiring the freelancer is expected to properly supervise and ratify any and all work that the freelancer does.

Ethical Issues

Ethics are still a bit murky in this realm, as each state adopts its own position and almost half of the state bar associations have yet to make any substantial statement on the use of freelancers.

Generally speaking, there are no issues with confidentiality so long as the freelancing attorney also formally agrees to keep the materials confidential. Where things can potentially get thorny is with a conflict of interest, since a freelancer may be working for multiple firms at the same time. It is up to the hiring attorney to conduct a check for this and to keep the freelancer on a strict "need to know" basis when required.

Though it's possible for new and inexperienced attorneys to find work in freelancing, the market still does generally skew toward specialists with at least a few years of experience in their area of practice due to the supervisory relationship required of the hiring attorney. If the freelancer is not adequately experienced in the area they are being hired for, the hiring attorney is required to disclose that to their client.

While there is quite a bit of latitude for a hiring attorney to work with a freelancer in another state, there will be some cases where a firm will only be looking for lawyers licensed to their state bar. You'll therefore see some agencies and marketplaces that specialize only in finding freelance lawyers in their home state.

The Freelance Lawyer Future

Obvious limitations make it impossible for attorney work to ever completely be shifted to a remote model, and the impact of market forces like automation likely won't make nearly as big a dent as they will in the paralegal field in terms of removing traditional jobs. Practicing freelance law is driven more by a combination of an extended down period for the economy overlapping with a sprint forward in technology and mobile communications infrastructure, making the remote work option much more feasible and attractive than it ever was before.

It is probably a good idea for newer lawyers to at least get a basic level of familiarity and comfort with the idea of freelance lawyering, however, as non-traditional entrepreneurship opportunities emerge that may at least provide better opportunities.