Taylor Root - Working as an interim lawyer 2011-2012
1. Guide to working as an interim lawyer
For legal professionals
taylorroot.com
2. Introduction
At Taylor Root, we know the importance of exploring all
of the options available to you when you are searching
for a new role and planning the next stages of your
career.
We have an outstanding record of placing lawyers and
other legal professionals from paralegal through to
partner and general counsel level into permanent and
interim positions in the UK and internationally.
Despite the uncertainty in the present market, we have
continued to see a need for interim lawyers. When
faced with a headcount freeze, many organisations that
would normally recruit permanent staff have turned
to interim solutions and moved headcount onto the
recruiter’s books.
The interim recruitment market differs considerably
from the permanent market and as such requires some
explanation.
Working as an interim lawyer can be an exciting and
challenging way to take your career forward and can
offer you flexibility that you might not have previously
considered. The legislation concerning locum workers
is in a continual state of flux and therefore, even if
you have worked on interim assignments in the past,
employment law, payment methods etc. are continually
changing and may need further explanation. This
brochure is designed to help you with all the intricacies
inherent in working as a locum professional.
Naturally, please contact one of our specialist
consultants if you have any further questions.
Nick Root
95 Queen Victoria Street
London
EC4V 4HN
T: 020 7415 2828
taylorroot.com
3. Q “Why do organisations use interim lawyers?”
Companies and law firms employ individuals on an interim basis for a range of
reasons:
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To overcome headcount restrictions
To cover increased workload without committing permanently
Cover for maternity leave and other absences
Cover for busy periods of the year
In order to assess an employee’s performance with a view to permanent
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employment -’try before you buy’. (There has been a significant increase in
interim lawyers being taken on permanently over recent years)
• Assistance with particular projects - e.g. due diligence, discovery, novation
projects, reorganisations etc.
• Where organisations find it difficult to recruit a specialist, they may reorganise
internally and backfill with an interim generalist lawyer
“Why would I choose an interim role?”
Q
Individuals choose to work in interim positions for a number of reasons:
• Flexibility
• Employment whilst reviewing the market for a permanent position
• Lifestyle decisions enabling an individual to pursue other interests between
contracts
• Opportunity to learn new skills and broaden knowledge base
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• For overseas candidates, a great opportunity to gain UK experience
• For individuals returning to work after an absence, an ideal way to re-enter the
market
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4. Q
“How much money can I make?”
Your remuneration will depend on a range of variables,
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including area of specialisation, amount of UK and/or
overseas experience, the jurisdiction you qualified in and
the organisations where you have previously worked. The
market in which you are looking to work will also have an
impact.
Typically, an interim worker’s salary is based on what
would be paid to a permanent employee. In general,
private practice rates are higher than those in-house.
Lawyers occasionally take positions for which they are
over-qualified, in which case they will have to work at a
rate below their market worth.
“What kind of job can I secure?”
Q
Interim lawyers are sought to undertake a range of roles. Law firms with
large pieces of litigation or M&A transactions may seek individuals to
undertake disclosure or due diligence exercises. Equally, “start up” companies
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may need a sole legal counsel on a temporary basis to be responsible for all
the initial set up issues, contracts etc. Thus, locum roles may be 9-5 jobs
with little pressure or they may be more challenging roles with high profile
companies which will add depth and substance to your CV. Roles may be
anything from 1 week to 12 months plus in duration.
Q “How long will it take to find a role?”
The answer to this question will depend on your skill set, the
market and how flexible you are prepared to be.
The interim market usually moves faster than the permanent
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market. It can take from a couple of days up to a month or so to
land a role.
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5. Q “How is the interim market different?”
1. Temporary assignments
An individual working on a temporary assignment will usually
be paid on an hourly or daily basis and will be payrolled by a
recruitment company. All the administration is dealt with by the
recruitment company who pays the temporary worker weekly.
An individual may either work on a PAYE basis in which case the
agency deals with the National Insurance and tax, or via a limited
company, in which case the limited company deals with all NI, tax
and professional indemnity insurance issues.
2. Contract assignments
Contractors are recruited for a fixed period. They are usually paid
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by the company or firm on a monthly basis in the same way
as a permanent employee but for a fixed term. The contractor’s
salary is likely to be expressed as an annual salary (pro-rated).
The contractor will be entitled to similar benefits to a permanent
employee, which includes the same entitlement to holiday benefits
pro-rated.
Lyndon Jennings
Manager
London
taylorroot.com
6. Q “Will I be entitled to holiday?”
Temporary assignments
The European Working Time Directive states that all PAYE workers
are entitled to 28 days holiday per year, which includes 8 public
holidays.
An individual working on a temporary assignment will in addition to
their basic rate be paid a percentage of that amount, which will be
retained in a separate “holiday fund”. When the worker takes a day’s
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holiday, that day will be paid from the accrued holiday pot.
Contract assignments
An individual working on a contract normally has the same holiday
entitlement as a permanent employee but on a pro-rata basis.
Michelle Davies
Senior Consultant
London
taylorroot.com
7. Q
“What happens with my tax and national insurance (NI)?”
1. Temporary assignments
i) PAYE - If you are working as a temporary worker through Taylor Root, we
will automatically deduct PAYE (Pay As You Earn) tax and NI from your salary.
Individuals working in the UK for the first time will need to apply for a NI
number from the Department of Social Security and fill in a P46 to be allocated
an emergency tax code.
ii) Limited company - If you are working through a limited company, the
company itself pays the temporary worker and the temporary worker is
responsible for payment of his/her own tax and NI contributions. We
strongly advise that you take independent professional advice regarding the
set up and operation of the company to ensure that you comply with the
Government’s anti-tax avoidance legislation. We are unable to deal with
individuals working via a Managed Service Company.
We require that individuals working through limited companies have their own
professional indemnity insurance.
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2. Contract assignments
Individuals working on a fixed-term contract cannot work under a limited
company. Your tax and NI will automatically be deducted by the client on a
PAYE basis.
Q
“Do I need a visa?”
In order for an individual to work on a locum basis you must have the
right to work in the UK. We are able to place British Citizens, EU and
EEA nationals as well as individuals with relevant work permits. Many
of our candidates are on the Youth Mobility Scheme, whilst a Tier One
Visa allows a highly skilled individual to work without any restrictions,
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although it ought to be noted that a cap has been placed on the number
that can be issued.
We are unable to assist interim workers to secure sponsorship.
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8. Q
“What notice do I need to give?”
1. Temporary assignments
Where an individual is working through Taylor Root on a temporary
assignment the notice period for both sides tends to be relatively brief. It
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is common for each party to have to give one week’s notice whereas, for
short-term assignments, this is often reduced to one or two days’ notice.
2. Contract assignments
Where an individual is working on a fixed-term contract, the notice period
will normally be longer and may be from two weeks up to one month.
Q
“How can I ensure continuity of work?”
Many interim roles are extended or rolled over. Some roles eventually go
permanent. The main way to ensure that your role is continued or that you
have a steady flow of roles is to make sure that you treat each role as you
would a permanent role. You should ensure that you are professional,
that you arrive at work at the stipulated time, that you complete tasks
professionally and foster a good working relationship with the organisation
where you are working.
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You should also make sure that you have a positive and open relationship
with your recruitment consultant, updating them with changes in your
circumstances.
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9. Q
“When should I apply?”
The interim market is highly reactive; organisations tend to recruit
locum assistance only when the need arises, by which time the need
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is often urgent! For this reason it is most sensible to start to apply for
roles about a month before you become available.
Q
“Will my role go permanent?”
A considerable percentage of locum roles are eventually made
permanent – although there are no guarantees! In the case of
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covering for maternity leave, sick leave etc. there is always the
chance that the person may not return. In large organisations, once
an interim worker is in place the company/law firm may realise that
the need is permanent and it is much easier to consider an individual
already working within the organisation than recruiting externally.
Gemma Hamshar
Consultant
London
taylorroot.com
10. Q “How can Taylor Root help me?”
Taylor Root is the market leader for legal recruitment. With the
collective experience, professionalism and knowledge of our highly
experienced team of consultants, together with our unparalleled
client base, UK and overseas qualified workers feel confident in using
our services to secure the right interim position.
Taylor Root always has a range of roles that require filling at short
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notice and you can find a list that we are currently recruiting for at
taylorroot.com. Taylor Root is continually seeking individuals who are
looking for locum opportunities. If you would like to register with us,
please send your CV to one of our consultants. (Details at the end of
this document).
Q “What do I need to provide to Taylor Root?”
When you register with Taylor Root, you will need to provide us with
a copy of your passport, including any relevant Visa, your most recent
academic/qualification certificates and references. We require you
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to fill in a registration form in order to comply with the Employment
Agencies Act 2004 and Data Protection Act 1998. We also monitor
equality and diversity and require you to fill in a Diversity Form, the
data from which remains anonymous.
11. Established in the 1980s, Taylor Root is
now widely recognised as being one of the
world’s leading legal recruiters. Operating
out of offices in the UK, Dubai, Asia and
Australia, we are ideally placed to assist
law firms, banks and companies with their
legal recruitment on an international basis.
Taylor Root has a strong track record in the
recruitment of: Heads of Legal and legal
advisers; law firm associates and partners;
contract/locum lawyers; paralegals; company
secretaries and compliance professionals.
Taylor Root is a member of The SR Group.
The SR Group is a specialist recruitment
consultancy dedicated to raising standards in
the business environments that we serve. The
sectors we cover include tax, legal, human
resources, marketing and executive search,
dealing with a substantial number of the
world’s leading professional partnerships,
multi-national corporations and international
banking groups as well as small to medium
sized developing organisations.
For more information please contact a member of our team on +44(0)20 7415 2828
Private Practice
Lyndon Jennings Hannah Brundrett
E: lyndonjennings@taylorroot.com E: hannahbrundrett@taylorroot.com
Commerce & Industry
Michelle Davies
E: michelledavies@taylorroot.com
Banking & Finance
Asha Morzaria James Penn
E: ashamorzaria@taylorroot.com E: jamespenn@taylorroot.com
London Dubai Hong Kong
95 Queen Victoria Street Suite 614, Liberty House DIFC 1918 Hutchinson House
London EC4V 4HN PO Box 506739 10 Harcourt Road , Central, Hong Kong
T: +44 (0)20 7415 2828 T: +9714 448 7770 T: +852 2973 6333
Singapore Melbourne Sydney
Level 21 Prudential Tower Suite 4.02 Level 12, 25 Bligh Street
30 Cecil Street 520 Collins Street Sydney
Singapore 049712 Melbourne, VIC 3000 NSW 2000
T: +65 6420 0500 T: +61 (0)3 8610 8400 T: +61 (0)2 9236 9000
Taylor Root is a member of The SR Group
taylorroot.com