What Notice Should I Give a Locum Solicitor (And Vice Versa)

More than just a contractual obligation.. How long is reasonable notice and what is the right thing to do? Article from Interim Lawyers, locum solicitor specialists.

When law firms engage self-employed locum solicitors, one key consideration often overlooked is the appropriate notice period. We often get asked, even if a locum is not working via our company. Here’s an exploration of the moral, ethical, and legal factors that law firms should consider.

The main reason for the lack of a definitive answer is because the majority of locum solicitors do not work via a contract, but rather on a day to day basis in a business to business relationship. Its all about flexibility and it usually works for both parties.

However, what about the circumstance of a locum agreeing to cover a 3 month assignment and you need to terminate after 6 weeks through no fault of the locum? The simple answer is that as this is a business to business relationship the expectation is that you can simply end the arrangement at any time and without any notice unless you have signed an agreement to the contrary.

Moral Considerations for Law Firms

From a moral perspective, is this fair on the locum if they have been providing a good service but circumstances have changed? The quick answer is no, not really! A notice period that is too short or poorly communicated can cause significant financial distress and disruption for a locum solicitor who may rely heavily on planned income, particularly longer term assignments. We would suggest that firms may want to think about the morality of their decision making and recognise the locum’s reliance on promised work when giving them notice.

Locums do talk between themselves, and if you get a reputation as a firm that is a bit ruthless about terminating locum agreements it may well come back to haunt you at a later date when you are looking for emergency cover.

Recommendations for Law Firms

To maintain good relationships, and uphold ethical and moral standards, law firms are recommended to:

• Sign a locum agreement – we provide them to all clients.
• Explicitly define the notice period within the agreement.
• Our opinion is that a week’s notice is reasonable in most circumstances where you need to end an assignment early. Most locums would be very happy with this. If you need to end a short term assignment of less than 1 month, then a shorter time period would be fine.
• Communicate any proposed changes to notice periods so locums are aware.