This is the fourth post in our series on the “Ethics of Freelancing” series. The previous posts in the series were on: "The Duty of Confidentiality"; "Avoiding Conflicts of Interest"; and "Marking-Up Freelance Lawyers' Fees". This post examines when a lawyer might have an ethical duty or obligation to engage the services of a freelance lawyer.
“Competent Lawyer”
Rule 3.1-2 of Ontario’s Rule of Professional Conduct (and similarly the Rules of Professional Conduct in other provinces), requires that: “A lawyer shall perform any legal services undertaken on a client's behalf to the standard of a competent lawyer.”
Rule 3.1-1 sets out a list of skills and attributes of a “competent lawyer” including:
A lawyer’s ability to competently handle files may diminish when overextended with excessive legal work – putting the lawyer at risk of breaching the Rules of Professional Conduct. Busy law firms or sole practitioners can mitigate against potential ethical pitfalls by outsourcing to a qualified freelance lawyer if they become overextended with legal work and become unable to meet their client demands in a timely, effective, and cost-effective manner.
If proper procedures are followed, outsourcing work to a qualified freelance lawyer is one way to ensure that a hiring lawyer or hiring law firm is meeting its ethical obligations to its clients. By engaging the services of a freelance lawyer, the hiring lawyer increases efficiency and productivity while also reducing costs. This improves the overall quality of representation that the hiring lawyer provides to their clients!
“Competent Lawyer”
Rule 3.1-2 of Ontario’s Rule of Professional Conduct (and similarly the Rules of Professional Conduct in other provinces), requires that: “A lawyer shall perform any legal services undertaken on a client's behalf to the standard of a competent lawyer.”
Rule 3.1-1 sets out a list of skills and attributes of a “competent lawyer” including:
- “communicating at all relevant stages of a matter in a timely and effective manner”;
- “performing all functions conscientiously, diligently, and in a timely and cost-effective manner”; and
- “recognizing limitations in one’s ability to handle a matter or some aspect of it, and taking steps accordingly to ensure the client is appropriately served”.
A lawyer’s ability to competently handle files may diminish when overextended with excessive legal work – putting the lawyer at risk of breaching the Rules of Professional Conduct. Busy law firms or sole practitioners can mitigate against potential ethical pitfalls by outsourcing to a qualified freelance lawyer if they become overextended with legal work and become unable to meet their client demands in a timely, effective, and cost-effective manner.
If proper procedures are followed, outsourcing work to a qualified freelance lawyer is one way to ensure that a hiring lawyer or hiring law firm is meeting its ethical obligations to its clients. By engaging the services of a freelance lawyer, the hiring lawyer increases efficiency and productivity while also reducing costs. This improves the overall quality of representation that the hiring lawyer provides to their clients!
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