For Lawyers, Is Moonlighting Worth It?

To take a side job or not to take a side job ... truth be told, the answer to this question is one where reasonable minds can see things differently. Some will say there's value in taking on additional work outside your main source of employment, others will say no; and of course, there will always be those who will take the middle ground. This is my way of saying that the answer isn’t for me to decide, it’s going to be entirely your call. All I can do is help you decide by discussing the benefits and risks as I see them.

What are the benefits of moonlighting?

When I was younger, I was told the fastest way to grow wealth is by first retiring all debt; and that lesson certainly proved true in my life. When my wife and I finally got to the point where we were able to accelerate payments on those seemingly never-ending student loans the relief was palpable. We were well on our way to financial security. I share this story because in my mind, the most obvious benefit would be the additional income stream from having a moonlighting side gig. This really can be an effective way to supplement your earnings and improve your financial security, particularly if you are straddled with debt.

Depending on the specifics of the opportunity, this could be a way to grow professionally. At a minimum, by taking on additional work you would continue to sharpen your legal skills. You might also gain experience in a different area of the law, thereby broadening your skill set and/or deepening your knowledge base. Regardless, the additional experience can only help ensure your long-term success as an attorney.

Moonlighting can sometimes be an opportunity to expand your professional network. Usually, the broader your network, the greater likelihood of developing valuable referral sources and finding mentoring and perhaps even career advancement opportunities. Speaking personally, any opportunity to build or maintain connections to the broader legal community and stay informed about trends and developments in the legal profession is an opportunity worth considering.

In terms of benefits, the above are the big three in my mind. That said, I have heard others say that moonlighting can be a way to bring about autonomy and flexibility in their professional lives. I have trouble with this idea because by definition moonlighting is an extra job, a side gig. However, if deciding when and what additional moonlighting work you take on is entirely up to you, then there would be some accompanying flexibility and autonomy with this side gig.

Finally, if the additional income stream benefit isn’t important, but the professional growth and networking benefits are, think about giving back. Not only will those two benefits be in play, one new benefit will come into play. It’s the health and wellness benefit of personal fulfillment, which often results after a decision is made to make a positive impact in the lives of others and to contribute to the greater good of your local community through the gift of pro bono moonlighting.

What about the risks of moonlighting?

Here again, I’ll talk about what I see as the big three. The first is a wellness concern. Stress, burnout, depression, and addiction are significant problems for our profession. The reason why is often due to the time demands and pressures that come with the practice of law. To add in extra stress with additional work from moonlighting only risks further compounding the wellness problem. Even if the impact of extra hours is limited to fatigue, this alone can impair one’s judgment. It can be quite difficult to continue to consistently serve your clients competently if you spread yourself too thin.

There are also ethical and legal concerns because moonlighting by definition is a side gig that your employer is unaware of. Lawyers have been suspended, forced to disgorge earned fees, fired, and even disbarred once their moonlighting work came to light. Also understand that there are no moonlighting exceptions to any of the rules of professional conduct. Conflicts must me tracked, unearned funds must be placed in a trust account, client confidences must be kept, data must be protected, and the list goes on. If you are interested in moonlighting, never take this step unless and until the firm you work for approves your request to do so. Otherwise, you are simply asking for trouble; and ethical missteps are just one of the ways that trouble can get its start.

Finally, there is an insurance coverage concern. Here’s one way it can play. Assume a viable malpractice claim arises on one of your moonlighting matters and the exposure is more than you could ever hope to personally handle. Now, if your thinking is something along the lines of “yes, having to fess up to my employer that I’ve been moonlighting is going to be problematic; but at least my firm’s malpractice policy will take care of the claim,” you’re wrong.

Far too many lawyers seem to believe that once they are covered under a malpractice policy, they are covered for everything they do as a lawyer. This simply isn’t true, and the moonlighting space is an excellent example of why. Malpractice policies cover lawyers for work they do on behalf of clients of the firm they work for. This means that any work you do outside of the scope of your employment with a firm will not be covered. Yes, you could go out and purchase your own malpractice policy to cover your moonlighting exposure, but in my experience this doesn’t happen.

In sum, while the benefits of moonlighting can be enticing, they do need to be weighed against the associated risks and challenges. There’s nothing wrong with pursuing additional income or experience. Just make sure you never compromise any ethical standards, sacrifice any client’s interests, or allow your workload to become unmanageable along the way. Oh, and always check with the powers that be at your place of employment before doing any moonlighting. As I see it, that’s never going to be optional.