Most law firms which are comprised of multiple person are create as a hierarchy with Partners at the very top and varying degrees of Associate Attorneys below them. Partners are generally the owners of the business 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 receiving wages.
It is essential to have a written agreement or contract involving the Associates and the Firm that spells out everyone's duties and obligations along with the conditions under which they may advance. The next is really a draft contract between an Associate and a law firm that can be customized to generally meet the requirements of a law firm hiring an Associate Attorney.
This AGREEMENT made of this 21st day of March, 2011, involving 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 really a Sole Proprietorship, operating as a business rendering legal services. If, during the word of this contract, the Firm changes to some other kind of business organization, this contract will continue being binding on both the 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 truly have the attorney practice law as a worker of the Firm.
It's agreed by and involving the parties the following:
Section 1. Employment and Duties.
Employment. The Firm employs the Attorney and the Attorney accepts employment as an attorney relating with the terms of this Agreement.
Full Time. The Attorney shall devote full working time and attention on the practice of regulations for the Firm and the Attorney shall not, without the written consent of the Firm, directly or indirectly rendered services of an expert nature to and 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 where those duties will 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 which the Attorney's work will be billed.
Section 2. Compensation
Salary. For several 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 lawyer. 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, is likely to be in such amounts because 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 is likely to be eligible for a portion of the Firm's portion of Personal Injury cases. The Attorney will receive 10% of the Firm's payment from the Personal Injury case, once the Attorney has performed as the primary attorney on that case. Additionally, the Attorney will receive 10% of the Firm's payment from the 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 is likely to be given the ability to become partners in the Firm. The Firm after having a certain quantity of years can make the determination concerning whether the Attorney is likely to be admitted to partnership. The Firm expects to create 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 essential 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 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 quantity of expenses incurred by the Attorney to keep up or improve the Attorney's professional skills. The Attorney agrees to submit to the Firm such documentation as might be essential to substantiate such expenses
Section 5. Additional Benefits.
Medical Insurance. The Firm agrees to supply medical coverage for the Attorney, the Attorney's spouse and dependents under a group accident and health insurance policy, the terms and great things about which will be determined by the Firm. The Attorney happens to be 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 be eligible to three weeks vacation time every year however, the Attorney's vacation is likely to be scheduled at such time as will least restrict the business of the Firm. The Attorney is further eligible to time off on all holidays normally celebrated relating with the Firms stated policy.
Life Insurance. The Firm may provide group life insurance coverage, in amounts which will be determined by the Firm.
Retirement Plan. The Attorney shall be involved in any Firm qualified retirement plan in line with the terms of said plan as amended from time and energy to time.
Disability. In the case the Attorney is not able to perform his or her regular duties as a result of personal disability the Firm will 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 fit in with 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 as a result of the rendition of professional legal services by the Attorney shall fit in with 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 fit in with the Firm.
Section 7. Term.
One Year, Automatic Extension. The definition of of this Agreement shall begin on the date hereof and continue for an amount of 12 months and will be automatically extended from year to year unless terminated relating with this particular section.
Events of Termination. This Agreement will be terminated upon the happening of any of the following events:
The death of the Attorney.
The determination of the Firm that the Attorney is becoming disabled.
Dismissal for reason behind the Attorney as hereinafter provided.
Occurrence of the effective date of termination, notice of which has been given in by either party to the other, provided that there are at 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, as a result of illness or incapacity, to render for ninety (90) days or maybe more in any two-year period, services of the character contemplated by the Agreement, and thereunder will be deemed to have been terminated as of the finish 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 or her duties, or willful misconduct on the part of the Attorney, including buy not restricted to a finding of probable cause by the Bar for investigation an issue filed using 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.
