Freelancing Laws

The following is a compilation, in progress, of laws, cases, and ethics opinions relating to various aspects of legal outsourcing.  Feel free to forward any additional references that do not appear on this list to .

 

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)

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

California -

San Diego County Bar Association Formal Ethics Opinion 2007-1

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

State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion 2004-165

State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion 1992-126

Colorado -

Colorado Bar Association Ethics Opinion 105:  Opinion on Temporary Lawyers

District of Columbia -

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

Florida -

Florida Bar Professional Ethics of the Florida Bar Opinion 07-2 (2008)

Georgia -

Georgia State Bar Formal Ethics Opinion 05:9

New York -

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

New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2006-3

Texas -

Texas State Bar Professional Ethics Committee, Opinion 577, March 2007

Virginia -

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

Internal Revenue Service -

"Independent Contractor (Self Employed) or Employee?"

"It is critical that you, the employer, correctly determine whether the individuals providing services are employees or independent contractors.  Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee.  You do not generally have to withhold or pay any taxes on payments to independent contractors.  If you are an independent contractor and hire or subcontract work to others, you will want to review the information in this section to determine whether individuals you hire are independent contractors (subcontractors) or employees. . . .

United States Patent and Trademark Office -

USPTO Notice July 23, 2008