Employment Agreement for Attorneys and Paralegals

What a good one includes

• A precise definition of professional duties, including compliance with state bar ethical rules and malpractice reporting requirements.
• Explicitly stated billable hour expectations alongside a clear formula for how performance bonuses are calculated.
• A robust proprietary rights clause clarifying that all client files, work product, and prospective leads remain the sole property of the law firm.
• Comprehensive confidentiality provisions that specifically protect sensitive client data, trade secrets, and firm operational strategies.
• Carefully tailored non-solicitation covenants regarding both firm clients and staff, drafted to comply with state bar restrictions on restricting an attorney's right to practice.
• Clear terms of termination, detailing the wind-down process for active cases and how transition-of-counsel duties will be handled to avoid client abandonment.

Common mistakes to avoid

• Using standard non-compete clauses that violate state bar rules, which generally prohibit restricting an attorney's right to practice law.
• Leaving bonus calculations and fee-sharing arrangements vague, which inevitably leads to disputes over originated files or met quotas.
• Failing to clearly outline the specific billing and supervisory protocols for paralegals, risking unauthorized practice of law violations.
• Omitting detailed procedures for file transitions and client notification when an associate departs, leading to chaotic handovers and potential ethics complaints.

Frequently asked questions