An employee adds to your administrative burdens, especially if you are a sole practitioner. Retaining an independent contractor is much less complicated, both initially and on an ongoing basis. With one exception, all of the bar associations that have addressed the issue—including, most notably, the ABA—have determined that an attorney may make a profit in connection with work performed by a contract lawyer, as long as the total charges to the client are reasonable.
The exception is the State Bar of Texas, whose opinion is poorly reasoned on a number of grounds. Regardless of whether or not you choose to charge your client more than you pay for legal research and writing services, outsourcing is still cost-effective for your client, since even a rate that includes a reasonable profit to you will generally be less than your own hourly rate.
A lawyer who concentrates in legal research and writing can often accomplish those jobs more efficiently than a busy practitioner who may not be as familiar with the available resources or as experienced in searching large databases for sometimes elusive answers.
You may already outsource other tasks to independent professionals, such as private investigators, in order to benefit from their expertise. Outsourcing frees you to use your valuable time in a way that is most efficient for you and your clients. Additionally, attorneys who do not regularly do research and writing may not have ready access to research materials when they need them.
Lisa Solomon has immediate access to all state and federal cases, statutes and regulations, as well as a wide range of secondary sources. Outsourcing frees you to do those tasks that you find most personally and professionally rewarding. Of course, it is not always necessary to outsource an entire legal research and writing project. Assuming you are going to attend full-time, that means that within three years, you will be taking the Bar Exam. Well, that rests upon another assumption, which is that you won't get weeded out after the first semester.
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