Most law firms that are comprised of multiple person are setup as a hierarchy with Partners towards the top and varying levels of Associate Attorneys below them. Partners are generally the owners of the business and Associates are employees. The Associates tend to be given the opportunity to work their way up the ladder to become Partners and share in the earnings 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 as well as the conditions under which they could advance. The next is a draft contract between an Associate and a law firm which can be customized to generally meet the requirements 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 company rendering legal services. If, during the word of the contract, the Firm changes to some other form of business organization, this contract will continue to be binding on both Firm, under it's new formation, and on the Attorney.
The Attorney is licensed to apply law in the State of Texas.
The Firm and the Attorney desire to really have the attorney practice law as an employee of the Firm.
It's 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 of the Agreement.
Full Time. The Attorney shall devote full working time and attention on the practice of the law for the Firm and the Attorney shall not, without the written consent of the Firm lawyers, directly or indirectly rendered services of a professional nature to or for any person or firm except as an employee of the Firm.
Duties and Assignments. The Firm shall determine the duties to be performed by the Attorney and the means and the manner by which those duties will probably 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 the Attorney's work will probably be billed.
Section 2. Compensation
Salary. For many 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, will soon be such amounts as 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 will soon be eligible to get a share of the Firm's part 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's the policy of the Firm to employ as attorneys persons who will soon be given the opportunity to become partners in the Firm. The Firm after a certain number of years is likely to make the determination regarding if the Attorney will soon be admitted to partnership. The Firm expects to make 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 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 probably be reimbursed for many reasonable and necessary expenses incurred, provided, however, 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 maintain or increase the Attorney's professional skills. 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 provide medical coverage for the Attorney, the Attorney's spouse and dependents under a group accident and medical health insurance policy, the terms and great things about which will probably 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 probably be entitled to three weeks vacation time each year however, the Attorney's vacation will soon be scheduled at such time as will least restrict the business of the Firm. The Attorney is further entitled 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 probably 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 to time.
Disability. In case the Attorney struggles to perform his / her regular duties consequently of personal disability the Firm will probably pay the Attorney's salary during such disability for a total of ninety (90) days in any 24 month period.
Section 6. Operations.
Records and Files. All records, documents, and files concerning clients of the Firm shall belong to and remain the property of the Firm. On termination of employment, the Attorney shall not 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 belong to 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 belong to the Firm.
Section 7. Term.
One Year, Automatic Extension. The word of the Agreement shall begin on the date hereof and continue for an amount of one year and will probably be automatically extended from year to year unless terminated in respect with this particular section.
Events of Termination. This Agreement will probably be terminated upon the happening 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 you can find at the very 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 more in any two-year period, services of the type contemplated by the Agreement, and thereunder will probably be deemed to have been terminated by the end 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's been continued neglect by the Attorney if his / her 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 complaint filed with its discipline system or the filing of criminal charges from the Attorney, which may make retention of the Attorney by the Firm prejudicial to the Firm's best interest.
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