New York Lawyer
November 13, 2001

Q:
I am a litigator in a large multi-practice firm. I am expecting my first child, and I would like to work from home. I do not anticipate being able to continue my trial practice on a part-time basis. Do you have any suggestions for legal jobs that can be done at home?

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A:
You do not mention whether you intend this career shift toward family priorities to be permanent, but whether it is or isn't, you have some options.

If you have concluded that you have no option but to disengage from your firm, making your availability known to the burgeoning ranks of temporary legal staffing firms is your first and most promising step. The temp firms much prefer Mommy-trackers to active job seekers who are between jobs, because there is less likelihood that they will abandon a project or engagement when they find new full-time employment.

Contract legal work now spans an enormous breadth of assignments -- both in content and duration. Yes, there are relatively low-level "scut" jobs that can be a mind-numbing way to make some money ($25-35 per hour is typical; no benefits): document review and organization, summarizing deposition testimony, evaluating discovery responses, etc. But inflation and the economy are driving a variety of more specialized, more high-level and more remunerative assignments that draw on particular areas of expertise. I know of contract lawyers who have spent a year researching jurisdictional issues in a massive toxic tort case, led complex merger negotiations, installed comprehensive case management systems, evaluated scores of title and appraisal claim files for a mortgage company, filled in for corporate compliance officers on maternity leave or traveled to Russia to support purchase of an oil refinery. These lawyers were taking home between $85 and $110 per hour, and they generally had a lot of flexibility regarding scheduling of their working hours.

While not all project assignments can be handled from home, many can -- or at least they demand significantly less time on-site at the firm or corporate legal department. If you are an expert in certain forms of litigation -- PI, commercial, real estate, regulatory, etc. -- you will find that you have more leverage than a generalist. On the other hand, there may be fewer assignments within your specialty area.

There also is an increasing number of professional contract research organizations, although law firms presently seem more reluctant to engage their services than use "temps" for other legal tasks. The beauty of these assignments is that, provided you can get access to Lexis, Westlaw, etc., they can be handled at home whenever you have free time. Usually they are paid on a hourly basis, although it's not unusual to negotiate a fixed price for a given research project. Various forms of legal data entry also can be done from home, although this kind of work can get tedious quickly.

For all of these options, the best advice is to look in your local legal newspaper for temp agencies. Also, many traditional legal headhunters now have professional temporary help subsidiaries.

But I�d urge you not to write off your firm without discussing your needs and priorities with them. Particularly if you might resume full-time work at some point, many firms are making accommodations to part-timers that would have been unthinkable a decade ago. Also, many show sympathy to people who want to take themselves off the partnership track and operate as salaried professional help. A shift in roles to a litigation support position may also be possible: organizing or managing a major case or stable of related cases, locating and preparing expert witnesses, coordinating activities with other firms and attorneys, researching specific issues, even drafting documents for pleadings, motions or appellate practice. I know several people in such roles who do not mind that they are not the counsel of record, do not sign pleadings or have to respond to the scheduling whims of the court. One has a client liaison role she really enjoys, and she benefits from the trust of both the client and the lead litigator, who often is too busy to be as responsive as the client would like.

Given the changing face of law, many new roles are emerging. Tradition is giving way to expediency. If you hear of or can imagine an unmet need that might fit in with your schedule, don't be afraid to call or write directly to the potential employer to discuss how you might be a cost-effective way of addressing that need.

Similarly, you don't have to be brokered through some agency. There's no reason why you can't call a few firms near your house or friends on corporate legal staffs, and indicate your availability and areas of expertise. One litigation manager I know is very fond of working with individuals on a contract basis because she says they are cheaper than law firms, and are generally more flexible. Also, he says their expenses can be tucked into corners of the budget where they do not attract too much attention.

Sincerely,
Douglas B. Richardson
President, The Richardson Group