Comments on: Talk About Hypocrisy: Doesn’t the Bar Have Anything Better To Do Than Go After a $35/Hr. Contract Attorney?

By: SuTorro

SuTorro — Fri, 18 Jan 2008 12:36:31 +0000

Funny how this post is tagged “Ethics & Malpractice Issues” yet Carolyn Elefant finds it necessary to remove comments which point out even larger “Ethics & Malpractice Issues” which probably contributed to this situation. Why would someone promoting herself as a solo guru be so protective of BigLaw? Then again, she is pushing her DC Bar Panel big time. We all know BigLaw controls the DC Bar… But, I digress. It is a fact that document review is a cash cow for these firms and that many of them profit from contract attorneys by billing them out at rates several times higher than the $35-40 an hour the contract attorney gets paid. I can also say that it is a fact that staffing agencies and BigLaw are complicit in overbilling and allowing incompetent attorneys (contract and otherwise) to continue to bill on projects despite the fact that they are providing no value to the client. I have seen it with my own eyes. There are bigger problems that Bars need to address in the contract attorney industry, but why would they? The are run by BigLaw and former BigLaw (such as Carolyn Elefant). They’re like the Wizard of Oz telling everyone to ignore the man behind the curtain. Instead, here’s a “crazy” contract attorney. See, you can’t listen to them. They must all be crazy. Remove those posts that say otherwise.

By: Anon Attorney

Anon Attorney — Fri, 11 Jan 2008 05:32:15 +0000

OH, and one more thing…Funny how so many of these comments, and perhaps the original post itself, focus on the money-side of this….Without even so much of a question mark as to whether or not this contract attorney actually did this. To think that this is a “community” who designates one class as immediately guilty as charged when there are multiple parties involved and we are dealing with an ALLEGATION. Boy, Jim Crow was nice compared to this.

By: Anon Attorney

Anon Attorney — Fri, 11 Jan 2008 05:27:13 +0000

The fact that this may have been another contract attorney seeking to lash out is particularly relevant because how do we know that the party making the allegation is correct OR telling the truth? Please people. Grow up. Most of the contract attorneys who report these things to the various bars in DC (DC, MD, VA) (and this happens more than just upon rare occasion) do this because either (a) their psychological state is less than balanced or (b) they are just angry and lashing out. This does not mean that the contract attorney actually DID anything unethical or illegal. SURPRISE FOLKS! It amazes me how quick “we” are to throw a contract attorney to the wolves. THIS is the problem. When you assumed it was BigLaw or the agency or some other “respectable” party attacking the contract attorney, of course, he did it. When it was pointed out that most likely this was not BigLaw OR Ajilon making this charge (my, you “real” lawyers…funny how you could miss this? Seems obvious to me, Anon Attorney, that neither of those two would EVER report such a thing), then you holler against the “class”: Disbar! Liar! Incompetents and cheats them all!
Stop taking yourselves and your business card so seriously and start getting serious about this so-called profession and maybe, just MAYBE, a lawyer will be respectable again.

By: friedtoad

friedtoad — Tue, 08 Jan 2008 10:16:15 +0000

The fact the attorney was caught is clear proof of incompetence.

By: Anthony

Anthony — Tue, 08 Jan 2008 09:08:58 +0000

The simple fact is that all lawyers are held to a higher standard. Our license is a privilege that should be taken away under certain circumstances. While the industry has many problems, we need to focus on this particular act. A person was hired to perform legal services, a client was charged for legal services, and the contract attorney abused his position. Purposely inflating one’s work hours is a deep violation of the oath all lawyers take. HE SHOULD BE DISBARRED AND NEVER WORK AS AN ATTORNEY AGAIN. People need to stop placing blame and recognize the seriousness of this person’s actions.

By: Anonymous

Anonymous — Mon, 07 Jan 2008 22:46:21 +0000

I am sorry, what this person did was wrong. You cannot justify it. We have all worked with people that come to work sign in and leave for hours at a time, while we slave away. That is unethical and I can see why that person was called to answer for it.

By: Lionel Hutz

Lionel Hutz — Mon, 07 Jan 2008 12:13:29 +0000

While the contract attorney is in the wrong by billing for hours not worked, I think people are missing the larger point of the commentary – mainly, the biglaw will charge triple what is paid to the agency, nothing but a cash cow for the firm. Biglaw gets $140 for virtually nothing (not putting out for bar dues, liability insurance, taxes, anything), while the K attorney only gets $2k a week – no health ins., no vacation time, no year end bonuses no “job well done” … If the K attorney didn’t see the biglaw partners billing 25 hours in a day, perhaps the idea of overbilling would not have entered in his head.
Contract attorneys are stuck in the middle of a vicious circle. I don’t know where it started but as long as contract attorneys act this way they will be shunned, or perhaps, if they are constantly shunned the contract attorney will keep behaving the same.

By: Carolyn Elefant

Carolyn Elefant — Sat, 05 Jan 2008 19:13:49 +0000

I certainly do not defend overbilling in any way. That is why I argued that the firm or the agency can go after the contract attorney and sue him either for breach of contract (not working the amount of #s that he represented were worked) or unjust enrichment (collecting $s for time that he never worked). Heck, they could even sue the guy for fraud if they believed that he intentionally overbilled. What I object to is bringing the bar association into this process. An informal bar reprimand stays on a lawyer’s record permanently; it can follow you around for your entire career. A suspension is even more draconian because a lawyer can’t work (even as a contract lawyer) without a license and thus, will suffer financial loss. I don’t think that’s fair. And I also think that there are longer term implications of converting every civil dispute into a grievance. Do you want to defend yourself in a bar proceeding the next time you pay a bill late? What if you break the law by speeding? Do you want your license revoked for that?

By: C-dog

C-dog — Sat, 05 Jan 2008 19:06:25 +0000

It’s kind of hard to be sympathetic to the contract attorney. If he knew he worked 51 hours but billed 135 hours, he knew he was LYING. That is not an innocent mistake. If I had to pay this guy for not working, I would be furious. Lying is lying and no matter how rich or powerful one may be, someone is hurt by that lie. I agree that contract atorneys do get screwed by the system, but liars like this guy can be used as an example to justify why contract attorneys are often treated like crap.

By: J Baker

J Baker — Fri, 04 Jan 2008 14:15:30 +0000

I guess I’m confused. If it was another contract attorney that turned this guy in, then so what? Aren’t we, as attorneys, under an ethical OBLIGATION to divulge this? (I know in Michigan, where I am licensed, attorneys are ethically bound to turn someone in for false billing, which this is).
Sorry – I have no sympathy. People like this guy are one of the reasons contract attorneys are looked down upon.