This form is an employment agreement (as opposed to an agreement with an independent contractor), with a staff attorney and a law firm acting as a profession association.
Texas Employment Agreement Between Law Firm and Attorney: A Comprehensive Guide Introduction: A Texas Employment Agreement between a law firm and an attorney outlines the terms and conditions of their professional relationship. This legally binding document establishes the framework within which the law firm and attorney will collaborate, define their responsibilities, compensation structure, working hours, office policies, and other relevant aspects. This article aims to provide a detailed description of the key elements commonly found in such agreements, along with discussing various types of Texas Employment Agreements between law firms and attorneys. 1. Key Elements of a Texas Employment Agreement Between Law Firm and Attorney: a. Identifying Information: The agreement starts by clearly stating the names and contact information of the law firm and attorney. b. Employment Duration: This section outlines the duration or term of employment, whether it is indefinite, specific, or project-based. c. Compensation and Benefits: The agreement details the attorney's salary, bonus structure, if applicable, and other perks such as health insurance, retirement plans, paid time off, and professional development opportunities. d. Job Description and Duties: This section defines the attorney's roles and responsibilities within the law firm, including caseload expectations, client management, research, court appearances, and any other relevant tasks. e. Confidentiality and Non-Disclosure: To ensure client confidentiality and protect sensitive firm information, this section establishes the attorney's duty to maintain confidentiality. f. Non-Compete and Non-Solicitation: This provision restricts the attorney from engaging in competitive activities that may harm the law firm's business interests, soliciting clients or staff upon leaving the firm. g. Termination Clause: The agreement specifies conditions under which either party may terminate the employment relationship, such as breach of agreement, unsatisfactory performance, retirement, or resignation. It also addresses notice periods for termination. h. Dispute Resolution: This section outlines the procedure for resolving disputes, including mediation, arbitration, or litigation, along with the choice of applicable law and venue. i. Governing Law and Jurisdiction: The agreement states that it shall be governed by Texas law and designates a jurisdiction where any legal disputes arising from the agreement will be resolved. 2. Types of Texas Employment Agreements Between Law Firm and Attorney: a. Partnership Agreement: Applicable when an attorney becomes a partner in a law firm, this agreement outlines profit-sharing, decision-making authority, management duties, and capital contributions. b. Associate Employment Agreement: This agreement governs the relationship between a law firm and an associate attorney, covering salary, benefits, responsibilities, career progression, and grounds for termination. c. Of Counsel Agreement: An agreement used to hire experienced attorneys who maintain an association with the law firm without becoming a partner. It outlines the attorney's role, responsibilities, compensation, and any special arrangements. d. Independent Contractor Agreement: Sometimes, a law firm may engage an attorney as an independent contractor for specific projects or cases. This agreement establishes the scope of work, compensation structure, duration, and termination conditions. Conclusion: A Texas Employment Agreement between a law firm and an attorney is a crucial document that sets forth expectations and protects both parties' rights. While the key terms and elements mentioned above are commonly found in such agreements, it is essential to consult legal professionals for specific advice tailored to each unique circumstance.
