Any law firm or attorney’s office can benefit from utilizing the services of a freelance lawyer. The value and advantages are numerous, including improved time management, a better work-life balance, and economic benefit for the firm and clients.
There is an expanding pool of freelancers to choose from due to the increasing interest in unconventional work models that freelancing offers. However, if you are in the market for a freelance lawyer and can’t find one locally, you can cast a broader net to locate someone whose skills and experience fit your needs perfectly.
Out-of-state Freelancers
You have the option of working with a freelance lawyer who resides in a state different from yours. This will not affect your working model or tasks if that attorney is licensed to practice law in your state. However, even an attorney who is not barred in your jurisdiction can still perform paraprofessional tasks[1].
Paralegal tasks such as legal research and drafting legal documents like complaints and pleadings can be done by freelance lawyers who are not admitted to practice law in a particular state. Flexibility is one of the main draws of freelance work, which means many lawyers who work in this capacity are comfortable doing so remotely. The only caveat to this interstate working arrangement is the potential for unintentional violations of the conduct codes. To avoid this, verify the national and state regulations to ensure no conflicts exist.
Regulations and Restrictions
The American Bar Association (ABA) regulates professional responsibility and conduct for lawyers across the country. Any time you outsource legal work to a freelance attorney, but especially if they are not licensed in your state, you should reference the ABA’s Model Rules. Concurrent conflicts of interest[2] are one area to be watchful of in these situations because successful freelance lawyers have worked with a large number of clients.
The ABA also suggests that, in limited circumstances, a lawyer licensed in a separate jurisdiction can provide temporary legal services when working in association with a lawyer who is admitted to practice in that jurisdiction[3]. There are ways to utilize the expertise of a freelance attorney, even when they are not admitted to practice law in your state.
It is important that every attorney working on a case adheres to the ABA’s policies on conflicts of interest, competence, confidentiality, and other important conduct and ethics rules, but to also keep any state guidelines in mind. The Virginia State Bar, for example, has many rules regarding conflicts of interest[4] in their Professional Guidelines.
You don’t have to let state lines stop you from working with your choice of freelance lawyer. There are still many crucial tasks they can perform in a paraprofessional capacity, with the added benefit of a law degree and experience to help them get the job done exceptionally well.
[1] Law Clerk. How to become a freelance lawyer and start making money. https://www.lawclerk.legal/blog/how-to-become-a-freelance-lawyer-start-making-money/
[2] Rule 1.7: Conflict of Interest: Current Clients. ABA Model Rules of Professional Conduct. https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients/
[3] Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law. ABA Model Rules of Professional Conduct. https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_5_unauthorized_practice_of_law_multijurisdictional_practice_of_law/
[4] Rule 1.7: Conflicts of Interest: General Rule. Virginia State Bar. Professional Guidelines. https://www.vsb.org/pro-guidelines/index.php/main/print_view
