Most law firms that are made up of several person are set up as a hierarchy with Partners at the top and varying levels of Associate Attorneys below them. Partners are generally the owners of the business enterprise and Associates are employees. The Associates tend to be given the opportunity to work their way up the ladder to become Partners and share in the gains of the firm rather than receiving wages.
It is important to truly have a written agreement or contract involving the Associates and the Firm that spells out everyone's duties and obligations in addition to the conditions under which they could advance. The next is really a draft contract between an Associate and a law firm that can be customized to meet the requirements of a law firm hiring an Associate Attorney.
This AGREEMENT made of the 21st day of March, 2011, between the Law Offices of at Smith, herein called the "Firm" and Joe Blow, hereinafter called the "Attorney."
Recitals
The Firm is a Sole Proprietorship, operating as a business rendering legal services. If, during the word of this contract, the Firm changes to a different type of business organization, this contract will remain binding on both the Firm, under it's new formation, and on the Attorney.
The Attorney is licensed to practice law in the State of Texas.
The Firm and the Attorney desire to have the attorney practice law as a member of staff of the Firm.
It's agreed by and between the parties as follows:
Section 1. Employment and Duties.
Employment. The Firm employs the Attorney and the Attorney accepts employment as an attorney in accordance with the terms with 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 a professional nature to and for any person or firm except as a member of staff 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 probably 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 many 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. 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 receive a bonus. The bonus, if any, is going to be in such amounts while the Firm may determine in its absolute discretion.
Additional Compensation. Along with the salary and bonus specified in items 2.1 and 2.2, the Attorney will undoubtedly 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, when the Attorney has performed as the principal attorney on that case. Additionally, the Attorney will receive 10% of the Firm's payment from a Personal Injury case, when 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 chance to become partners in the Firm. The Firm after having a certain quantity of years could make the determination concerning perhaps the Attorney is likely to be admitted to partnership. The Firm expects to make this determination regarding this Attorney, no sooner than 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 covering the acts and omissions of the Attorney in performance of the Attorney's professional duties.
Travel. The Attorney may be required traveling on business for the Firm, and will be reimbursed for several reasonable and necessary expenses incurred, provided, however, that the 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 level of expenses incurred by the Attorney to steadfastly keep up or enhance the Attorney's professional skills. The Attorney agrees to submit to the Firm such documentation as may be required 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 advantages of which will probably be determined by the Firm. The Attorney is covered under her spouse's policy and doesn't require such coverage currently. That Attorney will notify the Firm at such time that she needs this benefit.
Vacation. The Attorney will probably be eligible for three weeks vacation time every year however, the Attorney's vacation will soon be scheduled at such time as will least restrict the business enterprise of the Firm. The Attorney is further eligible to time off on all holidays normally celebrated in respect with the Firms stated policy.
Life Insurance. The Firm may provide group life insurance coverage, in amounts which will probably be determined by the Firm.
Retirement Plan. The Attorney shall take part in any Firm qualified retirement plan according to the terms of said plan as amended from time and energy to time.
Disability. In the event the Attorney struggles to perform his or her regular duties as a result of personal disability the Firm will probably pay the Attorney's salary during such disability for an overall total of ninety (90) days in just about 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 shan't be entitled to help 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 word of this Agreement shall begin on the date hereof and continue for a period of twelve months and shall be automatically extended from year to year unless terminated in respect with this section.
Events of Termination. This Agreement will probably be terminated upon the happening of the following events:
The death of the Attorney.
The determination of the Firm that the Attorney has become disabled.
Dismissal for cause of the Attorney as hereinafter provided.
Occurrence of the effective date of termination, notice of which includes been given in by either party to one 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 has become 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 more in any two-year period, services of the smoothness contemplated by the Agreement, and thereunder shall be deemed to own been terminated as of the end of the calendar month in which such determination was made.
Causes for Dismissal. The Firm may dismiss the Attorney for cause in the event it determines there's been continued neglect by the Attorney if their duties, or willful misconduct on the part of the Attorney, including buy not limited to a finding of probable cause by the Bar for investigation an issue filed with its discipline system or the filing of criminal charges from the Attorney, which would make retention of the Attorney by the Firm prejudicial to the Firm's best interest.
Section 8. Miscellaneous.
Notices. All notices under this Agreement will be mailed to the parties hereto at the next respective addresses:
Attorney:____________
Firm: ____________
A change in the mailing address of any party might be effected by serving written notice of such change and of such new address upon another party.
Invalidity. The invalidity or unenforcibility of any provision or provisions of the Agreement shan't affect the other provisions, and this Agreement will probably be construed in most respects as id any invalid or unenforceable provisions were omitted.
Arbitration. All disputes, differences and controversies arising out of, under, or in connection with this specific Agreement will be settled and finally determined by Arbitration beneath the then existing Rules of the American Arbitration Association.
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