My Attorney Blog

Pouring on the incentives is how placement agencies entice contract attorneys to submit themselves for hard to staff projects. I can always tell when the agencies are having a hard time filling a law firm’s staffing order. The job forums and listservs will be silent but then suddenly explode with an urgent flurry of post traffic with calls for contract workers. The posts will come from different agencies, all attempting to staff the same project and recruit the requisite number of contract attorneys for project submission before their competitors can. When agencies start touting their referral fees and project completion bonuses, you know they are getting antsy about losing the project to some other staffing firm. This is when contract attorneys should swoop in to snag the goodies.

Referral Fees and Working Bonuses Generally

Referral fees vary but are generally around $100-250 per attorney that you refer and takes on an assignment. The newer and smaller agencies tend to offer higher referrals since they need to find ways to steal workers from the big boys. Some of the larger, more established agencies like Compliance prefer to keep their referral policies intentionally fuzzy. If you ask Compliance about their referral rates, they will give you some spiel about how they don’t have a blanket referral fee and usually only give out referrals for certain projects. I find this case by case referral policy to be much too subjective and prone to nonpayment. I hope they will eventually adopt the more transparent referral policies that most of the other agencies offer.

Along with referrals, most agencies also offer billable hour incentive bonuses to encourage you to work more. The policy specifics vary but after you’ve worked a certain number of hours, usually around 400 on average, you are entitled to an 8 hour bonus payable at your usual wage rate ($35 an hour). Most of these bonuses are not automatically paid out so you’ll have to take it upon yourself to actually request them.

Actually Getting the Agency To Fork Over the Bonuses Is Easier Said Than Done

Although agencies like to advertise their referral fees and bonuses when soliciting for contract attorneys, they usually prefer to keep mum about their policies once you are on board. Bonuses are generally not paid out unless you specifically request them so it is your own duty to keep track of your referrals as well as your hours worked, based on the cumulative information found on your pay stubs. Thus after you’ve surpassed the requisite hours, be sure to alert your agency of your entitlement. It’s all part of the contractual bargain made to you when you took on the assignment, so you’re entitled to it. Don’t miss out!

Not all agencies are so ambiguous on this matter. I have to give credit to Special Counsel for their speedy payouts. I’ve referred attorneys to them before and they’ve always paid out very quickly, mailing me a check on the spot even though I wasn’t staffed on a project through them at the time.

Other agencies like Ajilon-Staffwise and Hudson require you to be currently staffed with them at the time of request before they will hand you your referral or billable hour bonus. I fail to see the logic behind this requirement, other than to make it harder for people to get their entitled referral/bonus checks. Don’t be so cheap, legal staffing agencies. We help stock your supply, so the very least you could do is provide the promised compensation rather than reinforce the money grubbing reputation many contract attorneys have of the legal staffing agencies. After all, it’s a symbiotic relationship and we need each other in this contracting business (at least until someone figures out a way to cut out the middle man).

So your project is over…or you are trying to get onto a temporary lawyer assignment for the first time. You’ve been calling all of your legal staffing agencies every day inquiring about available projects but they never seem to return your phone calls or e-mails. Welcome to Temp Town my friend. It happens all the time and drives even project-seasoned grunts like myself nuts. When I first started out a few years ago, I always worried excessively when agencies failed to return my calls or neglected to offer me any updates about project availability. Over the months, I’ve learned to develop a thick skin and a better understanding of why some agencies choose to ignore their bleating contract attorneys.

Why Are The Agencies Showing You No Love:

1. You’ve Been Blacklisted - This is the worst case scenario but it happens more frequently than people think. There is temporary blacklisting and then there is permanent blacklisting. Temporary banning occurs if you commit an act such as bailing on a project, but can manage to later come up with a relatively credible excuse. The agency may be initially loathe to submit you for further projects but may reconsider in a few months or so, particularly if the market picks up and they are strapped for workers.

   Permanent blacklisting is bad news. This means you’ve done something that has really pissed the agency off or demonstrated that you are an individual that cannot be trusted to handle the duties and responsibilities of the position. Perhaps you severely inflated the hours you worked or you walked off the assignment without a valid excuse. Usually it has to be extreme for the agency to permanently ban you.
   

   If you’ve been blacklisted, you might not know it for certain but you are likely to never hear from the agency again either through email or phone. They will simply ignore your inquiries. My advice if that happens is to try to get back into their good graces, particularly if it’s an agency that frequently has a lot of good projects. Try to reach a live rep and explain your story with a convincing explanation. Even seemingly permanent blacklistings can be reversed with some fancy verbal spins.

2. There Are No Projects Available - If there are no contract jobs out there, agencies have no incentive to call back because there is nothing to report. Since there is no financial gain to be had, some may choose to ignore the hordes of people calling in when things are slow. There is always something going on in Contract Attorney Land, but not all agencies have an equal hand in it. It all depends which agency was able to successfully bid out the competing staffing firms. That’s why I recommend registering with a wide range of agencies - so you can maximize your leads and chances.
3. You Are Not On the Agency’s Preferred Short List For Regular Assignments - Some agencies have a short roll of regular permanent temps they frequently work with as they have built up a good relationship over the years. When the market is slow and projects are harder to come by, agencies will usually turn to their own internal lists to fill staffing needs before blasting out an all public bulletin request for applicants. To get onto the short list you have to butter up your agent over time and become friends.
4. You Do Not Keep In Touch With Them Often Enough and They’ve Forgotten You - Staffing agents get bombarded with e-mails and calls daily. Here’s one way to look at it - think of the agency as the parent, with a few hundred screaming babies representing contract attorneys. Mom can’t attend to all of the babies at once. If you really want her attention, you had better learn to drag your diaper over there to tug at her pant leg or scream louder than the other toddlers. So, bug the agencies persistently but cordially.
5. You Are Not Telling the Staffing Agent Which Project You Want To Be Submitted For - Like most employers it makes their job much easier when you tell them exactly which project you want to be a candidate for. Rather than taking the easy route of asking them to submit you for any project, rise to the top of the pile by telling them exactly what you want, e.g. “I want to be submitted for that project down in Fall Church that no one wants,” for example. Or, “please submit me for the project requiring an accounting background because I have the necessary degree qualifications.” I recommend scouring the job forums, the Yahoo Contract Attorney Groups, Craigslist, and the PosseList for leads and then contacting the agency staffing the project in question with directions to submit you for it.
6. Some Legal Staffing Agencies Focus Mostly On Permanent or Lateral Hires - One notable example would be Kelly Law Registry. They are a big name in the legal staffing world but I’ve rarely seen them staff a contract attorney project. Inquiries for contract attorney positions are likely to go unanswered with similar agencies as well.

I’m not trying to get religious but I just want to draw an analogy (maybe it’s a bit of a stretch). Ever heard the phrase - “there are no atheists in foxholes”? Well then similarly, there are no atheists in Temp Town. If you’re not one who can comfortably rely on a degree of positive faith that a project will find its way to you again after your current project is over, then you will likely be under frequent and persistent anxiety in the contract attorney world.

With Contract Work Just Learn To Embrace The Fact That It Is Unpredictable

Contract legal work is very fickle. There is very little durational or job description guarantees. When an agency submits you for a project and promises you 2-3 months work of solid work, the duration terms frequently and do change depending on project conditions. I’ve had 3 month projects turn into 1 week ones, and even a 2 month assignment drag into a 9 month mess. It all depends on the project activity.

This is just the trade-off and essence of contract work. Law firms and corporations hire contract attorneys for short to medium duration assignments because it is more cost effective than retaining a fleet that might not be needed for long durations due to unexpected or indefinite work flow.

When I first started doing this work, I used to always gripe and blame the agencies for falsely advertising and misleading me into taking on a particular assignment that ultimately turned out to be significantly shorter than was originally projected, meanwhile forcing me to give up other opportunities. I think there are a few tricky agencies that do try to inflate the expected hours and duration to snag a few contract attorneys for project submission, but on the whole, I’m not certain that even agencies really know just how long a particular project will last. You should always try to take an agency’s duration estimates with a grain of salt. Don’t nail down irrevocable vacation plans based on their estimations because these type of details tend to waiver. Some agencies are bigger inflaters than others - if they tell me the project will last 2 months, that’s essentially code for 3-4 weeks. If they announce a one month project, be prepared to be there for only 2-3 weeks. It takes some getting used to but the more contract experience you have under you belt, the better your B.S. detector gets.

But It’s All About Knowing That There Will Be Something For You After Your Current One Is Over

As for my expectations of where I’ll end up after the project is over, that is all up to faith - but it’s not blind faith. It’s based on my own previous experience and knowledge about the condition of the market. From my past experience I know that projects are almost always available but that sometimes it may take a few days or a few weeks longer to roll from one into the other. There is no sense in flipping out or panicking when the project is finished. Hopefully you had prudently saved up enough funds to carry you over during periods of downtime and have wisely filed for temporary unemployment benefits to cushion the momentary financial hit. Don’t fret so hard because a project will come knocking soon enough. There is always something going down in lawyer central. Even during recessive periods, there will always be some form of business or legal activity happening in the D.C. metro area.

If you feel like you are waiting around for a long while, take the time to interview and register with the multitude of smaller legal staffing agencies that are popping up everyday. The small fries want to earn your business too so give them a chance by speaking to them during your down time. I’ve found that smaller agencies tend to be more customer oriented than the big agency conglomerates. Of course, faith and expectation only applies to big contract attorney cities like Washington D.C. and New York. Contract legal jobs and projects are not as plentiful or predictably present elsewhere.