Most law firms that are made up of multiple person are set up as a hierarchy with Partners towards the top and varying quantities of Associate Attorneys below them. Partners are usually the owners of the business enterprise and Associates are employees. The Associates in many cases are given the chance to work their way up the ladder to become Partners and share in the gains of the firm instead of just receiving wages.
It is important to truly have a written agreement or contract between the Associates and the Firm that spells out everyone's duties and obligations in addition to the conditions under which they could advance. The following is a draft contract between an Associate and a law firm that can be customized to generally meet the needs of a law firm hiring an Associate Attorney.
This AGREEMENT made of the 21st day of March, 2011, between the Law Offices of at Smith, herein referred to as the "Firm" and Joe Blow, hereinafter referred to as the "Attorney."
Recitals
The Firm is a Sole Proprietorship, operating as a business rendering legal services. If, during the term of the contract, the Firm changes to another form of business organization, this contract will remain binding on the Firm, under it's new formation, and on the Attorney.
The Attorney is licensed to practice law in the State of Texas.
The Firm and the Attorney desire to really have the attorney practice law as a member of staff of the Firm.
It's agreed by and between the parties the following:
Section 1. Employment and Duties.
Employment. The Firm employs the Attorney and the Attorney accepts employment being an attorney in accordance with the terms of the Agreement.
Full Time. The Attorney shall devote full working time and attention on the practice of what the law states for the Firm and the Attorney shan't, minus the written consent of the Firm, directly or indirectly rendered services of a specialist nature to or for any person or firm except as a member of staff of the Firm.
Duties and Assignments. The Firm shall determine the duties to be performed by the Attorney and the means and the manner where those duties will be performed. The Firm shall determine the assignment of the clients to the Attorney and the Attorney shall perform services for such clients assigned. The Firm determine the rates at that your Attorney's work will be billed.
Section 2. Compensation
Salary. For several services rendered by the Attorney under this Agreement, the Firm shall pay the Attorney and annual salary of $58,000, payable weekly or as may otherwise be mutually agreed. The salary might be changed by mutual agreement of the parties at any time.
Bonus. In the addition to the salary specified in 2.1., the Attorney may be given a bonus. The bonus, if any, is going to be such amounts while the Firm may determine in its absolute discretion.
Additional Compensation. As well as the salary and bonus specified in items 2.1 and 2.2, the Attorney is going to be eligible for a share of the Firm's part of Personal Injury cases. The Attorney will receive 10% of the Firm's payment from the Personal Injury case, when the Attorney has performed as the primary attorney on that case. Additionally, the Attorney will receive 10% of the Firm's payment from the Personal Injury case, when the Attorney personally brought the case to the Firm.
Section 3. Partnership. It's the policy of the Firm to employ as attorneys persons who is going to be given the chance to become partners in the Firm. The Firm after a certain number of years will make the determination regarding whether the Attorney is going to be admitted to partnership. The Firm expects to produce this determination regarding this Attorney, no sooner than July 1, 2005, and no later than July 1, 2007.
Section 4. Facilities.
Office. The Firm shall furnish the Attorney with office space, staff assistance, and such other facilities and services as are reasonably required to the performance of the Attorney's duties.
Liability Insurance. The Firm shall maintain professional liability insurance since the acts and omissions of the Attorney in performance of the Attorney's professional duties.
Travel. The Attorney might be required traveling on business for the Firm, and will be reimbursed for several reasonable and necessary expenses incurred, provided, however, that a detailed account of such expense is provided to the Firm.
Professional Societies. The Firm shall pay the Attorney's dues for memberships in The State Bar of Texas and the American Bar Association.
Education. The Firm shall pay the reasonable quantity of expenses incurred by the Attorney to steadfastly keep up or increase the Attorney's professional skills law. The Attorney agrees to submit to the Firm such documentation as might be required to substantiate such expenses
Section 5. Additional Benefits.
Medical Insurance. The Firm agrees to supply medical coverage for the Attorney, the Attorney's spouse and dependents under an organization accident and health insurance policy, the terms and benefits of which will be determined by the Firm. The Attorney is currently covered under her spouse's policy and doesn't require such coverage currently. That Attorney will notify the Firm at such time that she needs this benefit.
Vacation. The Attorney will be eligible to three weeks vacation time each year however, the Attorney's vacation is going to be scheduled at such time as will least restrict the business enterprise of the Firm. The Attorney is further eligible to time off on all holidays normally celebrated in accordance with the Firms stated policy.
Life Insurance. The Firm may provide group life insurance coverage, in amounts which will be determined by the Firm.
Retirement Plan. The Attorney shall take part in any Firm qualified retirement plan in line with the terms of said plan as amended from time to time.
Disability. In case the Attorney is not able to perform their regular duties consequently of personal disability the Firm will pay the Attorney's salary during such disability for a complete of ninety (90) days in just about any 24 month period.
Section 6. Operations.
Records and Files. All records, documents, and files concerning clients of the Firm shall fit in with and remain the property of the Firm. On termination of employment, the Attorney shan't be entitled to keep or reproduce the Firms' records, documents or files relation to any client unless the client shall specifically request that its files be transmitted to the Attorney.
Fees. All fees and compensation received or realized consequently of the rendition of professional legal services by the Attorney shall fit in with and be paid to the Firm. Any fee or honoraria received by the Attorney for professional services or other professional activities performed by the Attorney shall fit in with the Firm.
Section 7. Term.
One Year, Automatic Extension. The definition of of the Agreement shall begin on the date hereof and continue for a period of 12 months and will be automatically extended from year to year unless terminated in accordance with this particular section.
Events of Termination. This Agreement will be terminated upon the happening of some of the following events:
The death of the Attorney.
The determination of the Firm that the Attorney is becoming disabled.
Dismissal for reason behind the Attorney as hereinafter provided.
Occurrence of the effective date of termination, notice of which has been given in by either party to another, provided that you can find at least sixty (60) days between giving of the notice and the effective date of termination.
The mutual written agreement of the Attorney and the Firm to termination.
Termination on Disability. The Firm may determine that the Attorney is becoming disabled for purposes of the Agreement in case that the Attorney shall fail, as a result of illness or incapacity, to render for ninety (90) days or more in just about any two-year period, services of the smoothness contemplated by the Agreement, and thereunder will be deemed to own been terminated by the conclusion of the calendar month in which such determination was made.
Causes for Dismissal. The Firm may dismiss the Attorney for cause in case it determines there has been continued neglect by the Attorney if their duties, or willful misconduct on the area of the Attorney, including buy not limited to a finding of probable cause by the Bar for investigation a problem filed having its discipline system or the filing of criminal charges from the Attorney, which will make retention of the Attorney by the Firm prejudicial to the Firm's best interest.
