North Dakota Paralegal Agreement - Self-Employed Independent Contractor

State:
Multi-State
Control #:
US-INDC-131
Format:
Word; 
Rich Text
Instant download

Description

Employer contracts with a paralegal as independent contractor to provide paralegal services for employer as specified and agreed upon in the contract. Contract includes confidentiality clause.
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FAQ

Doing Work as an Independent Contractor: How to Protect Yourself and Price Your ServicesProtect your social security number.Have a clearly defined scope of work and contract in place with clients.Get general/professional liability insurance.Consider incorporating or creating a limited liability company (LLC).More items...?

The general rule regarding independent contractors states that a person who hires an independent contractor cannot be held vicariously liable for the wrongdoing of the independent contractor. (NYPRAC-TORTS § ).

Contract Attorneys are Exempt Under part B, a company can never hire an individual as an independent contractor if they perform work that is within the usual course of the hiring entity's business. This means that a lawyer cannot be an independent contractor if working for another lawyer.

The bill was introduced by California assemblywoman Lorena Gonzalez then was signed by Governor Gavin Newsom on September 18, 2019. Many California Freelance Paralegals have already felt AB5's impacts. While Lawyers are exempt from Labor Code §2750.3, Paralegals are not.

However, Business and Professions Code §6450 does set forth educational requirements which California paralegals must satisfy. A contract or freelance paralegal is someone who performs substantive legal work for law firms or corporations, or other entities but is self-employed.

Id. § 6450(b)(3). While paralegals can perform substantial legal work, they must do so under the direction and supervision of a licensed attorney.

As mentioned, a paralegal cannot give out legal advice and they do not have full authorisation to sign legal documents. A paralegal can work as a freelancer and choose to specialise which allows for an increased salary.

Freelance paralegals are different than independent paralegals, although the two can sometimes be confused. Freelance paralegals work with law firms and attorneys while independent paralegals provide their services directly to clients.

A true independent contractor has no protection under the provisions of the Labour Relations Act and section 83A does not apply to persons who earns in excess of the amount determined by the Minister. It is for this reason that many employers will prefer to employ someone as an independent contractor.

The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.

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North Dakota Paralegal Agreement - Self-Employed Independent Contractor