VIEWS: 7 PAGES: 8 CATEGORY: Hiring Employees POSTED ON: 10/11/2013
This is an agreement between an attorney and a law firm that wants to hire the attorney to work at their firm. It is vital to use written contracts for employment agreements to ensure that the understandings of both parties are properly set forth. Customize the attorney’s job title, yearly salary, benefits, job duties, and much more. This agreement is ideal for small businesses that practice law and want to hire a new attorney to join their firm. In addition, this agreement can also be used by attorneys that want to get their employment terms in writing.
Attorney Employment Agreement This is an agreement between an attorney and a law firm that wants to hire the attorney to work at their firm. It is vital to use written contracts for employment agreements to ensure that the understandings of both parties are properly set forth. Customize the attorney’s job title, yearly salary, benefits, job duties, and much more. This agreement is ideal for small businesses that practice law and want to hire a new attorney to join their firm. In addition, this agreement can also be used by attorneys that want to get their employment terms in writing. ATTORNEY EMPLOYMENT AGREEMENT THIS ATTORNEY EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”) is hereby made and entered as of ____________________ [Instructions: Insert the date of this agreement] by and between ____________________ [Instructions: Insert the name of the Firm hiring the attorney] (hereinafter referred to as the “Firm”), ________________________________ [Instructions: Insert the address of the Firm] and ____________________ [Instructions: Insert the name of the Attorney] (hereinafter referred to as the “Attorney”), ________________________________. [Instructions: Insert the address of Attorney] WHEREAS, the Firm is a [Instructions: Choose one] Partnership OR Professional Corporation formed under the laws of the state of ____________________ [Instructions: Insert the State that the Firm is formed under] to render legal services; WHEREAS, Attorney is an attorney licensed to practice law in the State of ____________________ [Instructions: Insert the State that the Attorney is licensed in]; and WHEREAS, the Firm desires to engage the Attorney to practice law as an employee of the Firm and, subject to the terms and condition contained herein, the Attorney desires to accept such engagement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by the parties as follows: 1. EMPLOYMENT Employee shall be employed in the capacity of ____________________ [Instructions: Insert Attorney’s title]. Attorney shall devote Attorney’s best efforts to this position on a full-time basis. Without the Firm’s prior written consent, Attorney shall not directly or indirectly render legal services or any other services of a professional nature to or for any person or firm except as an employee of the Firm. The Firm shall determine the duties to be performed by Attorney and the time and the manner that those duties shall be performed. The Firm shall assign matters and client to Attorney and Attorney shall perform services for such assigned manners and clients. The Firm shall determine the rates at which the Attorney's work shall be billed. 2. TERM AND TERMINATION The term (“Term”) of this agreement shall commence upon the date hereof and continue for a period of __________ (_____) [Instructions: Insert Term Duration] a [Instructions: Choose one] day(s) OR week(s) OR year(s). Unless terminated by either party in accordance with the terms hereof, the Term shall automatically extend for successive __________ (_____) [Instructions: Insert Renewal Term Duration] a [Instructions: Choose one] day OR week OR year intervals. Notwithstanding anything to the contrary contained herein, this Agreement may be terminated as follows: © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 a. By Attorney, at any time, for any reason, on the giving of __________ (_____) [Instructions: Insert the number of days written notice required] days written notice to Firm. Firm may waive notice, in whole or in part and if it does so, Attorney’s entitlement to remuneration and benefits pursuant to this Agreement will cease on the date that Firm waives such notice. b. By the Firm, in its absolute discretion, without any notice or pay in lieu thereof, for cause. For the purposes of this Agreement, cause includes: (i) any material breach of the provisions of this Agreement; (ii) any conduct of Attorney which as judged in the sole discretion of Firm, tends to bring Attorney or Firm into disrepute; (iii) filing of any criminal charges against Attorney, where such cause is not prohibited by law; (iv) any continued neglect or willful misconduct on the part of the Attorney, including, but not limited to, a finding of probable cause by the Bar for investigating a complaint filed with its discipline system; and (v) any and all omissions, commissions or other conduct which would constitute cause at law, in addition to the specified causes. c. By Firm, in its absolute discretion, for any reason on giving Attorney __________ (_____) [Instructions: Insert Number of Days] days written notice or on paying Attorney the equivalent pay in lieu of notice. The payments contemplated in this paragraph include all pay under applicable state and/or federal statute. In the event the minimum statutory requirements as at the date of termination provide for any greater right or benefit than that provided in this Agreement, such statutory requirements will supersede the payments contemplated hereunder. Attorney agrees to accept payment in lieu of notice, as set out in this paragraph, as a full and final settlement of all amounts owed to Attorney by Firm upon termination (including any statutory or common law rights and/or remedies) and Attorney expressly waives any claim to any other payment or benefits from Firm. 3. COMPENSATION a. Salary. As full compensation for all services provided for herein, Firm shall pay Attorney a salary of __________ Dollars ($_____) [Instructions: Insert Salary amount] per year (the “Salary”) to be paid in [Instructions: Choose one] weekly OR semi-monthly OR monthly installments, in accordance with Firm’s usual payment practices. Such payments shall be subject to deductions by Firm, as Firm is legally required to make or as otherwise agreed by Attorney. b. Bonus. In addition to the Salary, the Attorney may receive a bonus. The bonus, if any, will be distributed in accordance with the Firm’s established bonus policies, in such amounts as the Firm may determine in its sole and absolute discretion. c. Annual Review. The Firm shall the right, but not the obligation, hold an annual review of Attorney’s work to discuss Attorney’s performance and discuss potential adjustments to Attorney’s Salary. 4. BENEFITS © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 a. Vacation Time. Attorney shall be entitled to vacation time in the amount of __________ (_____) [Instructions: Insert Number of Days] days per year, during which time Employee’s compensation shall be paid in full. Such vacation time may be taken at such time or times as is mutually agreed, provided that such vacation time will be scheduled at such time as will least interfere with the business of the Firm. Attorney [Instructions: Choose One.] shall OR shall not be permitted to carry forward any unused vacation into the next calendar year. The Attorney shall also be entitled to time off, during which time Attorney’s compensation shall be paid in full, on all holidays normally celebrated in accordance with the Firm’s established policies. b. Sick Leave. Attorney shall be entitled to sick leave in the amount of __________ (_____) [Instructions: Insert Number of Days] days per year, during which time Attorney’s compensation shall be paid in full. Attorney shall not be permitted to carry forward any unused sick leave days into the next calendar year. c. Health Insurance. The Firm agrees to provide coverage for the Attorney, the Attorney's spouse and dependents under a group accident and health insurance policy, the terms and benefits of which shall be determined by the Firm in accordance with the Firm’s established policies. 5. ATTORNEY BENEFITS a. Liability Insurance. The Firm shall maintain professional liability insurance covering the acts and omissions of the Attorney in the performance of the Attorney's professional duties. b. Bar Dues. The Firm shall pay the Attorney's dues for membership in the __________ [Instructions: Insert State] State Bar association. c. Education. The Firm shall pay the reasonable amount of expenses incurred by Attorney to maintain Attorney's professional skills, as are required under the __________ [Instructions: Insert State] State Bar association’s minimum Continuing Legal Education requirements. Provided that Firm grants its prior written approval of such expenses, Firm will reimburse Attorney for such expenses, within __________ (_____) [Instructions: Insert Number of Days] days of Firm’s receipt of Attorney’s monthly expense report, provided further that such report includes sufficient detail and is in a form acceptable to Firm. d. Travel and Expenses. It is understood and agreed that Attorney will incur expenses, including travel, in connection with Attorney’s duties hereunder. Provided that Firm grants its prior written approval of such expenses, Firm will reimburse Attorney for such expenses, within __________ (_____) [Instructions: Insert Number of Days] days of Firm’s receipt of Attorney’s monthly expense report, provided further that such report includes sufficient detail and is in a form acceptable to Firm. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 e. Office and Staff. The Firm shall furnish the Attorney with office space, staff assistance and such other facilities and services, including but not limited to legal research materials, as are reasonably necessary to the performance of the Attorney's duties. f. Work Computer. Firm will provide Attorney with a personal computer (the “Computer”) to be used for business purposes only. Attorney will treat the Computer with reasonable care at all times. In the event that, due to Attorney’s negligence or misuse, the Computer is damaged, stolen, misplaced or lost, Firm reserves the right to charge Attorney the cost to repair or replace the Computer. 6. FIRM’S PROPERTY a. All records, documents, files concerning clients, and all items of any and every nature or kind created or used by Attorney pursuant to Attorney’s employment with the Firm and/or furnished by Firm to Attorney shall remain and be considered the exclusive property of the Firm. Upon termination of employment, all such items shall be promptly surrendered to the Firm. Attorney shall not be entitled to keep or reproduce the Firm's records, documents or files relating to any client unless the client shall specifically request that its files be transmitted to the Attorney. b. All attorneys’ fees and compensation received or realized as a result of the rendition of professional legal services by the Attorney shall belong to and be paid to the Firm. In the event that Attorney is paid directly for any such professional services, Attorney shall promptly remit such payment to the Firm. 7. CONFIDENTIAL INFORMATION Attorney acknowledges that Attorney will acquire information that is confidential to Firm, and which information is the exclusive property of Firm (“Confidential Information”). Attorney acknowledges that the Confidential Information could be used to the detriment of Firm. Accordingly, Attorney agrees not to disclose any Confidential Information to any third party during the Term of this Agreement or at any point thereafter, without the express permission of Firm. Any unauthorized disclosure of the Confidential Information shall justify the immediate termination of Attorney. Attorney acknowledges that in addition to any and all rights of Firm, Firm shall be entitled to injunctive relief in order to protect Firm’s rights in and to the Confidential Information. 8. REPRESENTATIONS AND WARRANTIES Attorney represents and warrants that: (a) Attorney has the full right and authority to enter into and perform this agreement; (b) Attorney has not made and will not make any agreements or commitments that will conflict with or impair the rights and/or privileges granted to Firm hereunder; and (c) the compensation set forth herein represents Attorney’s full and complete compensation for all services provided hereunder. 9. INDEMNIFICATION © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 Attorney agrees to defend, indemnify and hold Firm and its successors, licensees, assigns, shareholders, agents and employees, harmless from and against any and all third party liabilities, losses, claims, demands, costs (including reasonable outside attorney's fees), and expenses arising out of (a) any breach of any representation or warranty made hereunder; (b) Attorney’s performance or failure to perform the job functions and/or duties hereunder; and/or (c) Attorney’s conduct while engaging in any activity outside the scope of this Agreement, before, during or after the termination of this Agreement. Attorney understands that this obligation of indemnification survives the expiration or termination of this Agreement 10. MISCELLANEOUS a. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. b. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. c. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. d. The rights which accrue to Firm under this Agreement shall inure to the benefit of and shall be binding upon Firm’s successors or assigns. The rights of Attorney under this Agreement are not assignable or transferable in any manner. e. Any notice required or permitted to be given to Attorney shall be sufficiently given if delivered to Attorney personally or if mailed by certified mail, return receipt requested to Attorney’s address last known to Firm, or if delivered to Attorney via facsimile. Any notice required or permitted to be given to Firm shall be sufficiently given if mailed by certified mail, return receipt requested to Firm’s main office, or if delivered to Firm via facsimile. f. No failure by either party to pursue any remedy resulting from a breach of any provision of this Agreement by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party. g. This Agreement shall be governed in accordance with the laws of the State of ____________________ [Instructions: Insert the state’s laws that will govern this agreement], applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue exclusive to the Federal or State courts located in the County of ____________________ [Instructions: Insert County], State of ____________________ [Instructions: Insert State]. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6 IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. FIRM: __________________________ By: __________________________ Authorized Signatory ATTORNEY: __________________________ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 7
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