Alabama Bar Ethics Opinion Nº 2007-03 (2007-05-18)

• Date: 18 May 2007
• Opinion Number: 2007-03

ETHICS OPINION

RO-2007-03

TEMPORARY LAWYERS

QUESTION(S):

Under what conditions may a law firm employ a temporary lawyer? May a staffing

agency act as a recruiter or agent ("agency" or "placement agency") to assist law firms

and sole practitioners in locating and hiring qualified temporary or contract lawyers?

ANSWER:

Law firms may utilize the services of a temporary lawyer and a lawyer may participate

in an arrangement with a temporary attorney staffing agency so long as: (1) the

temporary lawyer and hiring law firm comply with all applicable conflict of interest

requirements; (2) the temporary lawyer safeguards all confidential client information;

(3) the client is informed that a temporary lawyer will be or has been hired to work on

their case and the client consents; (4) the staffing agency and temporary lawyer do not

split legal fees; and (5) the temporary lawyer and hiring law firm abide by all other

provisions of the Alabama Rules of Professional Conduct.

DISCUSSION:

In researching this issue, it appears to the Disciplinary Commission that every state or

national ethics organization, including the ABA, that has addressed the issue of

temporary lawyers and temporary lawyer staffing agencies has authorized their use by

law firms. However, in authorizing their use, each organization has done so under

varying restrictions and conditions.1 While generally approving the use of temporary

1 See Alaska Bar Ass'n Ethics Op. 96-1 (1996); Colorado Bar Ass’n Ethics Op. 105 (1999); Supreme

Court of Georgia Ops. 05-9(2006); Supreme Court of Texas Professional Ethics Committee Op. 515

(1996); California State Bar Ethics Op. 1992-126 (1992); Supreme Court of Ohio, Bd. Of

Commissioners of Grievances & Discipline Op. 90-23 (1990); New Jersey Supreme Court Advisory

Committee on Professional Ethics Op. 632 (1989); Oliver v. Bd. of Governors, Kentucky Bar Ass'n., 779

S.W.2d 212 (Ky. 1989); City of New York Bar Ass'n Formal Op. 1989-2 (1989); Florida State Bar Ass'n

Op. 88-12 (1988); Virginia State Bar Ethics Op. 1712 (1998); Wisconsin State Bar Ethics Op. 96 -4

(1996); New Hampshire Bar Ass’n Op. 1995-96/3 (1995); ABA Formal Op. 88-356 (1988).

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