Most law firms which are composed of several person are create as a hierarchy with Partners at the very top and varying levels of Associate Attorneys below them. Partners are usually the owners of the company and Associates are employees. The Associates tend to be given the ability to work their way up the ladder to become Partners and share in the gains of the firm rather than just receiving wages.
It is essential to truly have a written agreement or contract between the Associates and the Firm that spells out everyone's duties and obligations as well as the conditions under which they could advance. The following is a draft contract between an Associate and a law firm that may be customized to generally meet the wants of a law firm hiring an Associate Attorney.
This AGREEMENT made with this 21st day of March, 2011, between the Law Offices of at Smith, herein known as the "Firm" and Joe Blow, hereinafter known as the "Attorney."
Recitals
The Firm is a Sole Proprietorship, operating as a business rendering legal services. If, during the word with this contract, the Firm changes to a different kind of business organization legal, this contract will continue to be binding on both Firm, under it's new formation, and on the Attorney.
The Attorney is licensed to rehearse law in the State of Texas.
The Firm and the Attorney desire to truly have the attorney practice law as a member of staff of the Firm.
It is agreed by and between the parties as follows:
Section 1. Employment and Duties.
Employment. The Firm employs the Attorney and the Attorney accepts employment as an attorney in respect with the terms with this Agreement.
Full Time. The Attorney shall devote full working time and attention on the practice of regulations for the Firm and the Attorney shan't, with no written consent of the Firm, directly or indirectly rendered services of an expert 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 through which 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 which the Attorney's work will be billed.
Section 2. Compensation
Salary. For all 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 may 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 receive a bonus. The bonus, if any, is going to be such amounts since 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 to receive a percentage of the Firm's portion of Personal Injury cases. The Attorney will receive 10% of the Firm's payment from a Personal Injury case, once the Attorney has performed as the principal attorney on that case. Additionally, the Attorney will receive 10% of the Firm's payment from a Personal Injury case, once the Attorney personally brought the case to the Firm.
Section 3. Partnership. It is the policy of the Firm to employ as attorneys persons who is going to be given the ability to become partners in the Firm. The Firm following a certain number of years will make the determination concerning perhaps the Attorney is going to be admitted to partnership. The Firm expects to produce this determination with respect to 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 essential to the performance of the Attorney's duties.
Liability Insurance. The Firm shall maintain professional liability insurance covering the acts and omissions of the Attorney in performance of the Attorney's professional duties.
Travel. The Attorney may be required traveling on business for the Firm, and will be reimbursed for many 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 amount of expenses incurred by the Attorney to keep up or improve the Attorney's professional skills. The Attorney agrees to submit to the Firm such documentation as may be essential to substantiate such expenses
Section 5. Additional Benefits.
Medical Insurance. The Firm agrees to offer medical coverage for the Attorney, the Attorney's spouse and dependents under an organization accident and health insurance policy, the terms and great things about which will be determined by the Firm. The Attorney is 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 company of the Firm. The Attorney is further eligible to time off on all holidays normally celebrated in respect 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 be involved in any Firm qualified retirement plan based on the terms of said plan as amended from time and energy to time.
Disability. In the event the Attorney struggles to perform his / her regular duties as a result of personal disability the Firm can pay the Attorney's salary during such disability for an overall total 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 as a result 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 and other professional activities performed by the Attorney shall fit in with the Firm.
Section 7. Term.
One Year, Automatic Extension. The definition of with this Agreement shall begin on the date hereof and continue for a period of one year and will be automatically extended from year to year unless terminated in respect with this specific section.
Events of Termination. This Agreement will be terminated upon the happening of any of the following events:
The death of the Attorney.
The determination of the Firm that the Attorney is becoming disabled.
Dismissal for reason for the Attorney as hereinafter provided.
Occurrence of the effective date of termination, notice of which has been given in by either party to one other, provided that there are at the 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, due to illness or incapacity, to render for ninety (90) days or maybe more in just about any two-year period, services of the type contemplated by the Agreement, and thereunder will be deemed to own been terminated by the finish of the calendar month by 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 his / her duties, or willful misconduct on the part of the Attorney, including buy not restricted to a finding of probable cause by the Bar for investigation a complaint filed having its discipline system or the filing of criminal charges contrary to the Attorney, which may make retention of the Attorney by the Firm prejudicial to the Firm's best interest.
