I would love to say that I’m surprised by literally anything these days, but honestly, I am pretty amazed that a law firm would think they could bamboozle an actual lawyer into doing work for free.
I thought everyone knew that’s not how lawyers actually work.
OP is an attorney doing specialized work and was intrigued one day when he saw a job opening pop up at another firm.
Background: I mostly work in a niche-ish area of law called discovery. Basically when someone starts a legal proceeding each party gets to ask other parties for certain documents relevant to the case. Sometimes parties refuse to produce certain documents because of reasons like attorney-client privilege. I argue why my clients’ documents are properly withheld or the other sides’ documents are improperly withheld.
One day I see a job board post from a local law firm looking for a research/writing position with required experience in discovery disputes.
It seemed off to him, the way it was worded and the idea they would need to hire someone for that particular role at all, so out of curiosity, he applied.
This raises a red flag for two reasons. First, local law firms normally do not need to hire full time R&W people because >95% of that firms cases are very similar (i.e. a personal injury firm normally only handles personal injury cases, so keeping a full time researcher is not worthwhile when all your cases are basically the same).
When these local firms need something researched they either just do it themselves or pay someone else for a few hours of work.
Second, this local firm hired a friend of mine by telling them “start here, work hard, and move up to senior associate in a few years” before promptly letting them go after a few busy months.
I go ahead and send my resume over and get scheduled for an interview pretty quickly.
They asked him for a very specific writing sample – one that would be exactly what they needed for a case they had pending in court.
During the interview I gave them a fairly high salary ask which they agreed to almost instantly (itsatrap.jpg). Then the partner hits me with the following
Partner: “We ask all candidates to provide a writing sample before the final interview.”
Me: “Sure thing. I thought I attached one to the application, but let me grab my phone and double check.”
P: “Oh not that writing sample, that is too generic for evaluation. Here is a legal question that we want you to research.”
M: “I see. More than happy to do that at an hourly rate.”
P: “It should be fairly quick work. No other candidate has asked us for writing-sample-compensation, and this makes it seem like you won’t be a team player. If you aren’t interested in the position just tell us.”
M: “Let me think about it.”
So I go home and search a couple of local court dockets and wouldn’t you know it this firm is involved in a case with a hearing set on exactly the discovery question they want me to produce a free ‘writing sample’ on.
He provided it, and when they didn’t end up asking him for another interview and used parts of his “sample” in their court filing, he billed them for his time.
I send an email back saying sure thing I will make the writing sample, as long as it guarantees consideration for the R&W position. They say yes. I write a fantastic memo and send it in.
A few weeks go by and I email asking for an update on the final interview. No response. Then I check that court docket and wouldn’t you know it they straight up copy/pasted parts of my memo in the response.
He had to end up suing them, and after some back and forth, they finally paid up.
I send a demand letter for payment + fees.
No response.
I file a lawsuit for fraud. Then I got a salty response and was called names. They went on and on about how I was going to lose AND after I lost how they were going to counter sue me.
I said “sounds good, can’t wait to lose. I guess you did hire a full time R&W attorney. I mean, it would be like baby-town frolics easy to win if you never hired for that position. Actually, it would be even easier if you never even had a final interview for the spot. I’m sure you aren’t that dumb though.”
Got the check 30 days later.
Does Reddit approve of his machinations? Let’s find out!
The top comment says they like OP’s style.
This person wonders whether or not he could report them to the state bar.
Apparently you really shouldn’t trust lawyers.
It does seem pretty silly.
A high and mighty title.
This is a wild story, y’all.
It’s honestly pretty amusing.