Why Hiring a Freelance Legal Research and Writing Service is Ethical and Profitable for Law Firms

In today’s fast-paced legal environment, small and mid-sized law firms often face the challenge of managing heavy workloads while maintaining high-quality legal services. One solution gaining traction is outsourcing legal research and writing tasks to freelance professionals. However, many attorneys worry about the ethical implications of outsourcing and whether it aligns with their professional obligations. The good news? The American Bar Association (“ABA”) has clarified that outsourcing legal and nonlegal services is not only ethical but can also be a strategic advantage for law firms. In this blog post, we’ll explore the ethical guidelines outlined in ABA Formal Opinion 08-451 and explain how hiring a freelance legal research and writing service like Lawyerly can benefit your practice – both ethically and financially.

The Green Light: ABA Formal Opinion 08-451

The ABA’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 08-451 to address the ethical considerations of outsourcing legal and nonlegal services. The opinion makes it clear that lawyers may outsource tasks, provided they adhere to their ethical obligations under the Model Rules of Professional Conduct.

According to the opinion, a lawyer who outsources legal or nonlegal services must:

1. Ensure Competence: The outsourcing lawyer remains ultimately responsible for rendering competent legal services to the client under Rule 1.1. This means ensuring that the freelance legal writer or researcher is qualified to perform the task. At Lawyerly, we take this responsibility seriously. All of our employees are qualified lawyers with years of research and writing experience at the highest level. Whether it’s drafting a legal brief, preparing a legal memorandum, or conducting legal research, our team has the expertise to deliver exceptional results.

2. Supervise Appropriately: Under Rules 5.1 and 5.3, the lawyer must supervise the work of the outsourced professional, whether they are a lawyer or nonlawyer. At Lawyerly, we provide detailed time and expense reports that make it easy for busy lawyers to do their jobs effectively.

3. Disclose to Clients: The lawyer must inform the client about the use of outside professionals, especially if they will have access to confidential information.

4. Charge Reasonable Fees: The fees charged to the client must be reasonable under Rule 1.5, and the lawyer may pass on the cost of outsourcing to the client, including a reasonable markup.

   
   

The ABA emphasizes that outsourcing is not only ethical but also beneficial. It allows law firms to reduce costs, access specialized expertise, and handle large or complex cases more efficiently.

Why Outsourcing Legal Research and Writing Makes Sense

Outsourcing legal research and writing services to a freelance professional like Lawyerly can be a game-changer for small and mid-sized law firms. Here’s why:

1. Cost-Effective Expertise: Hiring a full-time legal researcher or writer can be expensive, especially for smaller firms. By outsourcing, you pay only for the services you need, whether it’s drafting a legal brief, preparing a legal memorandum, or conducting legal research. This flexibility allows you to manage costs while maintaining high-quality work. At Lawyerly, we offer flexible pricing options, including hourly rates and bundled packages, to fit your firm’s budget.

2. Access to Specialized Skills: Freelance legal writers often have niche expertise in areas like appellate brief writing or motion writing. This specialized knowledge can enhance the quality of your legal documents and give your firm a competitive edge. Lawyerly’s team includes attorneys with diverse backgrounds, ensuring that we can handle even the most complex legal writing tasks.

3. Scalability for Large Cases: For large, discovery-intensive cases, outsourcing can provide the additional manpower needed to handle the workload effectively. As the ABA notes, outsourcing enables small firms to take on complex litigation by engaging additional lawyers or legal assistants on a temporary basis. Lawyerly is equipped to scale our services to meet your needs, whether you require assistance with a single motion or an entire litigation strategy.

4. Time Savings: By delegating time-consuming tasks like legal research or case brief writing, you can focus on client interactions, court appearances, and other high-value activities. Lawyerly’s efficient processes and experienced team ensure that your projects are completed on time, allowing you to meet tight deadlines without sacrificing quality.

   
   

The Financial Advantage: Charging for Outsourced Services

One of the most compelling aspects of outsourcing is the ability to pass on the cost to your clients—and even add a markup. According to ABA Formal Opinion 00-420, a law firm that engages a contract lawyer (or freelance legal writer) can add a surcharge to the cost paid by the billing lawyer, provided the total fee is reasonable under Rule 1.5.

Here’s how it works:

• You hire Lawyerly to draft a legal brief for $150/hour.

• You bill your client $200/hour for the same service, reflecting the value of your oversight and the quality of the final product.

  
  

This markup is not only ethical but also standard practice. As the ABA explains, clients are generally not informed of the details of the financial relationship between the firm and the freelance professional. The key is to ensure that the total fee charged to the client is reasonable and complies with Rule 1.5.

Best Practices for Ethical Outsourcing

To ensure compliance with ABA guidelines, follow these best practices when outsourcing legal research and writing:

1. Vet Your Freelance Provider: Before hiring a freelance legal writer, conduct thorough due diligence. At Lawyerly, we make this easy. Our team consists of highly qualified lawyers with extensive experience in legal research and writing. You can trust us to deliver work that meets the highest professional standards.

2. Supervise the Work: Even though you’re outsourcing, you remain responsible for the final product. Review all work carefully to ensure it meets your standards and complies with ethical obligations. Lawyerly provides detailed drafts and is always available for revisions, ensuring that the final product aligns with your expectations.

3. Use Written Agreements: Protect client confidentiality by requiring the freelance professional to sign a written confidentiality agreement. Lawyerly prioritizes client confidentiality a

   
   
   
   

   nd is happy to sign any necessary agreements to protect your clients’ information.

   
   

Conclusion: Ethical, Profitable, and Practical

Outsourcing legal research and writing services is not only ethical but also a smart business decision for law firms. By leveraging the expertise of freelance professionals like Lawyerly, you can reduce costs, improve efficiency, and deliver high-quality legal services to your clients.

As the ABA affirms in Formal Opinion 08-451, outsourcing is a “salutary trend” that benefits both lawyers and clients. By following ethical guidelines and best practices, you can confidently integrate freelance legal writers into your practice—and even turn a profit in the process.

If you’re ready to explore the benefits of outsourcing, contact Lawyerly today. Our team of experienced legal writers and researchers is here to help you handle your workload efficiently and ethically.