When a client needs legal expertise for an individual case or short-term project, it is often more cost effective to hire a per diem attorney than to retain a full-time associate. This type of temporary attorney is also known as a freelance attorney or contract lawyer and is rapidly growing in popularity among attorneys and law firms.
While many lawyers rely on per diems for a variety of reasons, there are some that have concerns about the ethics of such arrangements. While this is certainly understandable, the truth is that in most respects, there is no difference between a firm using an associate or a per diem to perform work for a client. For example, the Rules of Professional Conduct prohibit a firm from charging an excessive fee, and that is true whether the work is performed by an associate or a per diem (assuming that any mark-up for the use of a per diem is reasonable).
It is important to note that per diems are not considered “of counsel” merely because they are retained for a limited amount of time. To be deemed of counsel, there must be a formal relationship with the firm (i.e., the firm must have a fee-splitting agreement with the lawyer). This is a significant difference from a regular assistant who is merely used to assist a partner or an associate.
In addition, the Rules of Professional Conduct require that a firm receive written consent from the client when using a per diem to do substantive legal work, but this is only required in instances where the attorney’s fee is being marked up. There is no requirement that a firm seek consent when the work is being done without any mark-up.
Per Diem Services is a full-service legal firm that provides New York and New Jersey per diem attorneys for conferences, depositions and court appearances. We regularly appear in Supreme and Civil Courts throughout New York City, Queens, Brooklyn, Staten Island, Manhattan, Bronx, Richmond, Nassau, Suffolk, Westchester, Rockland, and Dutchess.
Our experienced Rockland Per Diem Attorneys can help you free up your day and bandwidth so that you can focus on your clients and your practice. We can help you resolve scheduling conflicts, last-minute requests, and emergencies. Contact us today to learn more about our New York per diem attorney services or to place an order. We look forward to hearing from you!