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Disclaimer

Since the Vizcaino v. Microsoft decision, how to maintain the distinction between contract workers and employees has been blurred. Employers have no safe harbor in which to operate to ensure that contingent workers are not reclassified as employees by the courts or the IRS. The tips below may mitigate the facts in favor of a finding that your contract attorney is not reclassified as an employee, should an inquiry ever be made.

Tips for keeping contract attorneys just what they are - contract attorneys:

  • Ensure that the attorney has signed an agreement that she or he is not an employee of the company.
  • Do not treat the contract attorney as an employee.
  • Allow the attorney to work as independently as possible.
  • Allow the contract attorney to accept work from other clients, if possible.
  • Work through the placement agency regarding discipline, termination, and similar matters.

"Under Contract"

By Anna Stolley Persky, Washington Lawyer (January 2014)

"Spring 2009 Firm Advice Newsletter"

Permanent and Temporary Legal Placement

"Nightmare on K Street for Underemployed Lawyers" (Quoted)

By Meilissa Castro

Washington Business Journal - March 6, 2009

"Local Job Market Rebounds" (Quoted)

By Amy Joyce

Washington Post - January 8, 2007


"Mentoring Opportunities for Today's Lawyers" (Quoted)

By Katherine Alfisi

Washington Lawyer - July/August 2006

"How Did They Do It?"

By Mary W. Legg

The Legal Times - August 16, 2004


"Thinking Small" (Quoted)

By Christine M. Garton

The Legal Times - June 28, 2004

 

"Fitting in a New Group of Lawyers"

By Mary W. Legg

The Legal Times - March 10, 2003

 

"Client Development, Part Two - How to Network"
By Mary W. (Adelman) Legg

WBA Raising the Bar - January/February 2002


"Recession: A Grim Toll on Firms" (Quoted)
By Jennifer Myers

The Legal Times - December 10, 2001


"Client Development, Part One"
By Mary W. (Adelman) Legg

WBA Raising the Bar - November/December 2001

"The In-House Life"
By Mary W. (Adelman) Legg

The Legal Times - November 19, 2001


"Legal Market Feeling Pain In All Corners" (Quoted)
By Jennifer Myers

The Legal Times - October 22, 2001

"In-House Lawyers Still Mostly White" (Quoted)
By Siobhan Roth

The National Law Journal - August 14, 2000

"How Should Your Contract Attorney Be Billed?"
By Mary W. (Adelman) Legg

The Legal Times - June 30, 1997

 
 
 


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