Whether attorney in a civil case who charges an every hour rate may contract with an out-of-state company to draft a brief provided the attorney is competent to review the work, remains ultimately responsible for the final work product filed with the court by the attorney on behalf of the client, the attorney does not charge an unconscionable fee, client confidences & secrets are protected, & there is no conflict of interest between the client & the contracting entity. The attorney can outsource certain legal work but it is necessary to tell the client of the nature & scope of the contract between attorney & out-of-state company if the brief provided is a significant development in the representation or if the work is a cost which must be disclosed to the client under California law. Any refund of charges by the out-of-state company to the attorney ought to be passed through to the client if the client was separately charged for the service.
AUTHORITIES CITED: Statutes: California Business & Professions Code Section 6068, California Business & Professions Code Section
Cases: Bushman v. State Bar, 11 Cal. 3d 558 (1974); Crawford v. State Bar, Farnham v. State Bar, Jones v. State Bar, Simmons v. State Bar, California Rules of Professional Conduct:
FACTS: An attorney licensed to practice law in California has filed a notice of appeal in a civil case on the clients behalf. The attorney charges an every hour rate for the appellate services. Soon thereafter, the attorney receives a solicitation from a legal research & brief writing company to draft the appellant opening brief for a comparatively low every hour fee. The legal research & brief writing company is not located in California, & employs both lawyers (none of whom are licensed to practice law in California) & non lawyers. Company promises to deliver a ready-to-file brief, to be signed by the California attorney. Company also promises to refund all fees paid to Company for the brief if the appeal is unsuccessful.