Thursday, September 17, 2020

Agreement to hire Associate Attorney!

Generally, law firms comprise of members in order of a hierarchy with owners at top and different grade Associate Attorneys thereafter. These Associates enjoy the freedom to work successfully, paving their way up to get rent as partners do receive extra profits apart from regular wages.


But there must be a written contract between Associates and firm owners whereby the former's duties are well assigned and mentioned, the ways they perform the job. Such a contract is a draft prepared as follows:


The Agreement made on __ day(date) of __(month), __(year) between __ &__, herein referred to as the "firm" and __, herein referred to as the Attorney.


Associate Attorney Recitals: A sole proprietorship firm working to deliver legal services wherein if during the period of the contract, it ships to other business types, the contract remains valid on the firm, its new members, and on the Attorney. The Attorney holds a license to practice law in the state.


How do the firm and attorney decide to practice law as a firm employee is settled on some terms provided below?


Section 1: Employment and Assignments

The Attorney, as hired by the firm accepts the terms and conditions of the Agreement, working on a full-time basis and is not allowed to provide any form of service to help two other persons not linked with the firm. The firm specifies the job aspects and also decides on client assignments with the Attorney along with the rates of work to be built at the end.


Section 2: Associate Attorney Compensation

The firm fixes the Attorney's salary payable monthly or at year-end and may change it too, but on mutual agreements renewed timely. Apart from salary, the Attorney is eligible to receive a bonus abided by the sole decision of the firm.


Section 3: Associate Attorney Partnership

The farm has to employ Attorneys as partners after some years based on certain facts as the rule says.


Section 4: Associate Attorney Facilities

The farm has to provide workspace, assistants, and other facilities necessary to the Attorney to work. The farm shall provide liability insurance, enclosing acts, and omissions regarding the Attorney's performance of professional tasks.


The Attorney is liable to get reimbursed if needed to travel distant places regarding the job provided that he or she submits a well-defined an account of the expenses incurred during tasks.


If any dues remain of the Attorney the firm pays it to the Texas Bar Association. The Attorney is liable to get expenses incurred on professional studies required by the job to improvise their knowledge and efficacy. These are provided by the firm based on documentation on the submission of account of such expenses.


Section 5: Associate Attorney Extra benefits

The firm will give medical insurance coverage to the Attorney and family but terms and conditions are exclusively specified by the firm.


The Attorney may take 21 days leave yearly, the only condition being work assignments and duties do not collide on the same dates. The holidays being the dates specified in the firm's official list will also be enjoyed by the Attorney.


The Attorney may enjoy life insurance coverage, amounts to be specified by the firm. The Attorney may fall under any retirement plan, terms mentioned, and updated by the firm timely.


In case of any mishappening, on failure to cope up with daily tasks and assignments, the Attorney is eligible to get paid a 3-month salary within 2 years.


 Section 6: Associate Attorney Operations

Records, documents, and files of clients related to the firm will remain the firm’s property at the end of the term of employment of Attorney and the Attorney cannot produce such documents in any form unless the client requests the firm about files to be provided to the Attorney. All dues and compensation calculated out shall be paid by the firm to the Attorney and any the amount received as an honor by the Attorney shall belong to the firm.


Section 7: Associate Attorney Term

The agreement is of one year from the date of commencement and maybe extended yearly if the Attorney doesn't get terminated.


Causes for termination may be due to the Attorney's death, for his accidental disability, being incompetent for the job, his unwillingness, misconduct, criminal charges against the Attorney, etc. The termination to be effective from the month's end in which decision was made.


Section 8: Associate Attorney Miscellaneous

All clauses under this Agreement should be mailed to the parties in the form-

Attorney: ____

Firm: ____

             If any the particular provision remains unenforced, the others remain unaffected.

             Any problem arising with the Agreement must get solved by arbitration with the ongoing rules of the Texas Bar Association.


Lastly, the date and year to be written above after the parties go through the Agreement.

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