I am a contract attorney for a firm. I also work for other clients when I have time.

The other day, I was asked to help out on a project scheduled to go through the end of the month. I was told I’d receive docs later in the day but was then told not all docs were in relativity yet, but to stand by.

Friday comes and still no docs by EOD.

I now have to submit time for the week and I’m in a quandary. Do I bill for the time I was “on call” waiting for the documents, even if I did no work?

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If you were able to use your on call time to perform other tasks to your benefit or the benefit of others then no you should not bill it.

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You should probably reach out to the company or firm that was going to send you the documents and explain that you turned down other jobs because of their instructions. Perhaps they will allow you to build a time; however, although you were not taking on other business, you could have and probably were doing personal things from which you benefited such as sleeping, exercising, eating, working on the Internet, reading a book, reading the newspaper, etc.

Unless you have an agreement with your client that you will be paid for waiting time, I don’t think that you can build them for time in which you were not working; however, it’s worth a shot to reach out and see if they will agree given that you turned down other jobs. You may need to be able to verify that you turned down other jobs and the amount of money that you lost.

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Ask. I’ve done contract work where I was paid to be available at my desk like this. If the employer does not want to pay for stand by time, if you keep working for them, ask for standby work to fill this waiting time.

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No. You can’t bill for work you didn’t do, even if you were waiting all week for it to come in. It’s one of the toughest things about private practice.

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True. It seems fair that the firm would pay OP for using up OP’s time, but they wouldn’t bill the client. But it depends on the terms of their agreement.

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I guess it depends on the terms of your contract and how you actually spent that time.

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Basically, it comes down to whether the firm reserved your time under the terms of your agreement.

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Anybody hiring an immigration attorney part time?

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Thank you

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