Employment Agreement Between Law Firm and Attorney

Employment Agreement Between Law Firm and Attorney

This Employment Agreement (the Agreement) is made and entered into as of the day of , 20, by and between , a professional association (hereinafter referred to as Employer or P.A.) and (Employee) (hereinafter referred to as Employee).

WITNESSETH

Whereas, Employer is organized under the laws of the state of to render professional services through those of its employees who are duly licensed to practice law in the State of and certain other states; and

Whereas, Employee is an attorney duly licensed and authorized to practice law in the State of ; and

Whereas, Employee desires to accept employment to practice law as an employee of Employer; and

Whereas, the Board of Directors of Employer has offered Employee employment for such compensation and other benefits and under the terms and conditions set forth in this Agreement, and Employee is willing to accept employment on such terms and conditions;

Now, therefore, in consideration of the mutual promises and agreements contained in this Agreement, it is mutually agreed as follows:

1. Employment and Duties

A. Scope of duties. Employer hereby employs Employee, and Employee accepts such employment, to render legal services to clients of Employer. Employer shall have the power to determine the specific duties to be performed by Employee, and the means and the manner by which those duties shall be performed. Employer shall have the power to determine the assignment of clients to Employee, and Employee must perform services for such clients assigned him. The power to supervise the duties to be performed, the manner of performing such duties, and the terms for performance of such duties shall be exercised by the Board of Directors of Employer. Hours of employment shall be determined by Employer within reasonable standards within the profession, except that Employee shall not be compelled to work longer than a normal work week.

B. Director and Officer. Employee shall, if elected, serve as a director and or officer of Employer at no additional compensation other than as expressly provided in this Agreement.

C. Exclusive service. Employee shall devote his full working time and attention to the practice of law for Employer. During the term of this Agreement, Employee shall not, without the written consent of Employer, directly or indirectly render services of a professional nature to or for any person or firm for compensation, or engage in any practice that competes with the interest of Employer.

D. Professional standards. Employee shall perform his duties under this Agreement in accordance with the rules of ethics of the Bar Association.

2. Term

The term of this Agreement shall begin on the above-stated effective date and shall continue until terminated as provided in this Agreement.

3. Compensation

A. Basic Salary. For all services rendered by Employee under this Agreement, Employer shall pay Employee a basic salary of $ per year, payable monthly in twelve equal installments beginning on the effective date of this Agreement and payable on the first day of each month during the term of this Agreement. The basic salary may be changed by mutual agreement of the parties at any time.

B. Bonus. In addition to the compensation referred to above, Employer shall, for the term of this Agreement, pay Employee a bonus on the last day of each fiscal year of the P.A., under the negotiated terms and conditions specified in Exhibit A attached to this Agreement and, by this reference, made a part of this Agreement as fully and to the same effect as if set forth in this Agreement in its entirety.

C. Fringe Benefits. As further consideration for the performance by Employee under and pursuant to this Agreement, Employer shall, within a reasonable time after the effective date of this Agreement, provide for Employee the following further benefits and any additional benefits that may from time to time be made available to attorneys employed by Employer:

1. A qualified employees= pension or profit-sharing plan, or a combination of both;

2. An employees= group life insurance plan;

3. An accident and health plan for the payment of Employee=s medical care expenses; and

4. A disability plan.

4. Expenses

During the term of this Agreement, Employer shall pay all reasonable business expenses of Employee in accordance with the general policy of Employer including, but not limited to, bar dues, tuition and travel expenses for continuing legal education, and dues to such professional associations as approved by Employer. Employee agrees to submit to Employer such documentation as may be necessary to substantiate such expenses.

5. Malpractice Insurance

Employer shall purchase and maintain at its expense such comprehensive professional liability insurance coverage as it shall deem appropriate, covering the acts or omissions of Employee in the normal course of his employment.

6. Office Facilities

Employer shall operate and maintain facilities, and shall provide at its expense, equipment and supplies, suitable to Employee=s position and adequate for the performance of his duties under and pursuant to this Agreement. Further, Employer shall supply and pay for such assistant(s) reasonably needed by Employee in connection with his employment under and pursuant to this Agreement.

7. Records and Files

All records and personal files concerning clients of Employer shall belong to and remain the property of Employer. On termination of his employment, Employee shall not be entitled to keep or reproduce Employer=s records related to any client unless the client shall specifically request that his or her records be transmitted to Employee.

8. Fees

All fees and compensation received or realized as a result of the rendition of professional services by Employee under and pursuant to this Agreement shall belong to and be paid and delivered to Employer.

9. Vacation

Employee shall be entitled to a paid annual vacation of weeks ( working days) during each year during the continuance of this Agreement. Without Employer=s consent, vacation time may not be accumulated, but must be taken in the year earned. Employee=s vacation will be scheduled at those times most convenient to Employer=s law practice as determined by its Board of Directors. In addition, Employee shall be allowed days each year to attend professional meetings or seminars; provided, that attendance at such meetings or seminars shall be planned for minimum interference with the business of Employer.

10. Illness and Disability

A. Employee shall be entitled to days of sick leave in each fiscal year of Employer if Employee is unable to work by reason of illness or accident not resulting in Employee becoming Atotally disabled,@ without any adjustment in the compensation due to Employee under this Agreement. Unused sick leave may not be carried over from one fiscal year to another.

B. If Employee is unable to perform services under this Agreement by reason of total disability, Employee=s salary shall be reduced in accordance with the following schedule during the continuance of such disability:

1. For months Employee shall receive percent of his monthly salary;

2. For the next months of disability, Employee shall receive percent of his monthly salary;

3. For the next consecutive months of disability, Employee shall receive percent of his monthly salary.

4. Thereafter, Employee shall receive no disability payments.

C. In determining periods of disability, any new period of disability shall be deemed to be a continuation of the prior period of disability if Employee has not returned to work for at least weeks between such periods of disability. If Employee becomes disabled, but the disability ceases before termination of his employment with Employer, Employee=s salary shall be reinstated on the date disability ends.

11. Termination

A. This Agreement shall be terminated immediately:

1. If employee becomes disqualified to practice law in the State of ;

2. On the death of Employee;

3. If Employer and Employee shall mutually agree in writing to such termination;

12. Governing Law

It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

13. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

14. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.

15. Assignments of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

16. Binding Effect

This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties.

17. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

18. Effect of Partial Invalidity

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the deletion of the invalid provision.

IN WITNESS WHEREOF, the parties have each caused this Agreement to be signed as of the day and year first noted above.