Most law firms which can be made up of several person are set up as a hierarchy with Partners at the very top and varying levels of Associate Attorneys below them. Partners are often the owners of the business enterprise and Associates are employees. The Associates are often 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 have a written agreement or contract between the Associates and the Firm that spells out everyone's duties and obligations along with the conditions under which they could advance attorney. The following is just a draft contract between an Associate and a law firm which can be customized to meet up the requirements of a law firm hiring an Associate Attorney.
This AGREEMENT made of this 21st day of March, 2011, between the Law Offices of at Smith, herein called the "Firm" and Joe Blow, hereinafter called the "Attorney."
Recitals
The Firm is just a Sole Proprietorship, operating as a business rendering legal services. If, during the definition of of this contract, the Firm changes to another form of business organization, this contract will continue being binding on both 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 truly have the attorney practice law as a worker 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 as an attorney in accordance with the terms of this 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 shall not, minus the written consent of the Firm, directly or indirectly rendered services of an expert nature to or for any person or firm except as a worker 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 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 your Attorney's work will probably 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 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 receive a bonus. The bonus, if any, will soon be in such amounts whilst the Firm may determine in its absolute discretion.
Additional Compensation. Along with the salary and bonus specified in items 2.1 and 2.2, the Attorney will soon be eligible to receive a share of the Firm's percentage 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 ability to become partners in the Firm. The Firm after a certain number of years can make the determination regarding if the Attorney will soon be admitted to partnership. The Firm expects to produce this determination regarding this Attorney, no prior to when 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 within the acts and omissions of the Attorney in performance of the Attorney's professional duties.
Travel. The Attorney might be required to travel on business for the Firm, and will probably be reimbursed for all reasonable and necessary expenses incurred, provided, however, that the 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 level of expenses incurred by the Attorney to steadfastly keep up or improve 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 an organization accident and medical insurance policy, the terms and benefits of which will probably be determined by the Firm. The Attorney is currently covered under her spouse's policy and does not 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 interfere with the business enterprise of the Firm. The Attorney is further entitled 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 probably be determined by the Firm.
Retirement Plan. The Attorney shall be involved in any Firm qualified retirement plan according to the terms of said plan as amended from time to time.
Disability. In the case the Attorney struggles to perform their regular duties consequently of personal disability the Firm can pay the Attorney's salary during such disability for a 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 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 and other professional activities performed by the Attorney shall belong to the Firm.
Section 7. Term.
One Year, Automatic Extension. The term of this Agreement shall begin on the date hereof and continue for a period of one year and will probably be automatically extended from year to year unless terminated in accordance with this particular section.
Events of Termination. This Agreement will probably be terminated upon the happening of some of the following events:
The death of the Attorney.
The determination of the Firm that the Attorney has become disabled.
Dismissal for cause of the Attorney as hereinafter provided.
Occurrence of the effective date of termination, notice of that has been given in by either party to another, 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 has become disabled for purposes of the Agreement in the 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 smoothness contemplated by the Agreement, and thereunder will probably be deemed to have been terminated by the end of the calendar month by which such determination was made.
Causes for Dismissal. The Firm may dismiss the Attorney for cause in the 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 by a finding of probable cause by the Bar for investigation a complaint filed with its discipline system or the filing of criminal charges against the Attorney, which would make retention of the Attorney by the Firm prejudicial to the Firm's best interest.
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