Other than working on particular matters, the outside lawyer has no other formal relationship with the law office or the client, and neither the law office nor the outside lawyer contemplate a permanent relationship. The outside lawyer is directly compensated by the law office. The law office includes the outside lawyer's time as part of its ordinary periodic fee billings to its clients. The law office's client bills disclose the identity of the outside lawyer as one of the attorneys that has provided services and the nature of those services. Outside lawyer is paid a portion of the fee that is paid by the client to law office.
Outside lawyer is paid a flat rate per day or week.
The law office does not disclose the amount of the compensation arrangement to its clients. The total fee charged by all lawyers is not increased solely by reason of the provision for division of fees and is not unconscionable as that term is defined in rule 4-200. The applicability of rule 2-200 in this case turns on whether the outside lawyer is an associate. The California Rules of Professional Conduct do not establish a criteria for determining when a lawyer is an employee. For purposes of this opinion, the committee will assume that the attorney is not an employee of the principal law office.