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Resource Lists Shown Below for: (1)
Legality of Support Counsel; (2) Lawyer Parameters on Marketing
including (a) applicable Texas Disciplinary Rules of Professional
Conduct; (b) select Texas Ethics Opinions; and (c) assorted
precedent; & (3) Independent Contractor Parameters pursuant
to IRS Guidelines.
Legality of Support Counsel _____________________________________________________________________________________________________________________
ABA Formal Opinion
00-420
November 29, 2000
Surcharge to Client for Use of
a Contract Lawyer
Summary: When costs associated with legal services
of a contract lawyer are billed to the client as fees for legal
services, the amount that may be charged for such services is
governed by the requirement of Model Rule 1.5(a) that a lawyer's fee
shall be reasonable. A surcharge to the costs may be added by the
billing lawyer if the total charge represents a reasonable fee for
ser vices provided to the client. When legal services of a contract
lawyer are billed to the client as an expense or cost, in the
absence of any understanding to the contrary with the client, the
client may be charged only the cost directly associated with the
services, including expenses incurred by the billing lawyer to
obtain and provide the benefit of the contract lawyer's
services.
ABA Formal Opinion
88-356
December 16,
1988
Temporary Lawyers
Summary: Whether or not the client is charged for the
work of the temporary lawyer - the client must be advised and
consent when the temporary lawyer is performing work for a client
without the close supervision of a lawyer associated with the law
firm ... On the other hand, where the temporary lawyer is working
under the direct supervision of a lawyer associated with the firm,
the fact that a temporary lawyer will work on the client's matter
will not ordinarily have to be disclosed to the client.
Precedent
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Texas Disciplinary
Rules of Professional Conduct - Marketing
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State Bar Rules Section VII, Information
About Legal Services:
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Independent
Contractor Parameters - IRS Guidelines
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Summary: A general rule is that
you, the taxpayer, have the right to control or direct only the
result of the work done by an independent contractor, and not the
means and methods of accomplishing the result.
IRS
Article regarding Types of Workers: Contractors vs.
Employees
IRS
Publication 1779 (Amended 01/2005)
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