MEMBERSHIP TERMS & CONDITIONS
Freelancers Guild, Inc.
The Freelancers Guild, Inc. - Attorney Branch (“Guild”) is a group of individual attorneys in private practice to provide education and market their legal services to independent freelance workers, including those facing issues regarding nonpayment, contract negotiation, or other legal matters related to operating as an independent worker. Participating attorneys are referred to as “Guild Members.”
The Guild provides access to independent attorneys, including general information related to the law, and lawyers designed to help Freelancers Union Members address their legal needs as freelancers. Our sites and services also provide services to lawyers and other legal professionals.
We, the Guild, are not lawyers or a law firm and we do not provide legal, business or tax advice. None of the Guild representatives are lawyers and they also do not provide legal, business or tax advice. The accuracy, completeness, adequacy or currency of the content on any Guild website, app or other Guild document is not warranted or guaranteed. The Guild and its services are not substitutes for the advices or services of an attorney. The Guild recommends that Freelancers Union members consult a lawyer or other appropriate professional if they want legal, business or tax advice.
The Guild strives to keep its content and documents accurate, current and up-to date. However, because the law changes rapidly, the Guild cannot guarantee that all of the information on its site or app is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind the Guild provides can fit every circumstance. Furthermore, the legal information contained on the site or in the app is not legal advice and is not guaranteed to be correct, complete or up-to-date.
The Guild and its associated site, app and services are not intended to create any attorney-client relationship, and a FLU member’s use of the site, app and services does not and will not in any circumstance create an attorney-client relationship between a user and the Guild. The Guild is not a lawyer referral service and the site, app and services and other resources and information are for personal use only.
II. Membership provides each attorney:
- Participation in a professional network of lawyers committed to serve and advocate for the growing freelance workforce;
- Invitation to networking and educational events tailored to Guild Members;
- Participation in collective purchasing or access to professional services for Guild members, such as benefits assessments, corporate discounts, or other services tailored to the needs of Guild Members;
- Inclusion in our directory listings; and
- Opportunity to produce educational content or resources for Freelancers Union members
III. Eligibility Rules
To participate in the Guild, attorneys must meet the following requirements:
- Be licensed to practice law and in good standing in at least one U.S. jurisdiction;
- Have experience working with freelancer clientele in one or more of the following areas: small business, commercial contracts, trusts and estates, family law, employment law, taxes, bankruptcy, intellectual property, insurance, workers compensation, or other relevant area;
- Have been actively engaged in a legal practice for at least three (3) years;
- Have no outstanding disciplinary claims or actions on file or pending;
- Maintain a current Professional Liability insurance policy with minimum coverage of $50,000 per occurrence and $100,000 in the aggregate;
- Be familiar with and agree to adhere to any relevant Rules of Professional Conduct implicated by membership in the Guild applicable to the state in which you are licensed to practice law (e.g., acceptable advertising content solicitation filings , and so forth); and
- Meet the service level standards listed below.
IV. Service Level Standards
The Guild maintains minimum participation requirements to ensure a positive experience to Guild Members as well as freelancers and prospective clients with legal inquiries. All current Guild Members must comply with the following standards.
- Provide and timely update accurate contact information, headshot, and basic practice information in order to field appropriate inquiries from Freelancers Union members.
- Be proficient with local law and regulation protecting the interest of freelancers, particularly regarding freelancers’ payment protection.
- Except in the case of reasonable delays, respond to legal inquiries within two business days.
- If Guild Member has a conflict or if there is not a good fit with Guild Member’s practice (including jurisdictional licensure), provide a timely response with the reason for declining the consultation or engagement and make every reasonable effort to refer user to another attorney.
- Provided no conflict of interest exists and that the Guild Member is reasonably available, offer a free initial consultation to all Freelancers Union members who submit inquiries.
- Provide bi-annual aggregate, anonymous data reporting to Guild and to Freelancers Union regarding services provided for Freelancers Union members, and, when possible, outcomes.
- Teach one workshop or online seminar per year to Freelancers Union members or affiliated group of independent workers.
- Respond to Freelancers Union outreach in a timely manner and comply with Guild policies (as may be developed), and core Guild community values of respect, solidarity, and reciprocity when interacting with Freelancers Union, Freelancers Union members, and fellow Guild Members.
- Comply with all other rules, terms and conditions set forth by the Guild.
- The Guild reserves the right to determine the size of its membership and to close membership to new admissions, as needed. The Guild shall not discriminate in membership admission on the basis of race, creed, religion, sexuality, gender, ethnicity, nationality or any other protected class status.
- The Guild, or a committee thereof, will review and enforce these policies by periodically verifying Guild Member compliance.
V. Membership Fee
Guild members will pay a non-refundable annual membership fee of $350 for the administration of the program. Membership fees will be prorated on a quarterly basis. Attorneys agree to receiving billing invoices via email, and will provide a current email address for billing purposes. Membership fees will be billed in May of each year and shall be due and payable net 30 days.
VI. Membership Types
As a lawyer-led project, the Guild will have an Executive Committee for Guild Members to oversee community standards, ethical issues, and educational marketing of the Guild.
The Guild will assume responsibility to review compliance and enforce these terms and conditions. The Guild will create and charge a committee with the responsibility and authority to adjudicate complaints, resolve disputes and enforce the rules, policies and standards of conduct of Guild Members. This committee will have the full power and authority to discipline or terminate a Guild Member’s membership. The committee will develop and periodically review its charter and internal policies.
VIII. Use of Freelancers Union Brand
Attorneys will comply with Freelancers Union branding requirements, using either pre-approved materials or seeking prior written approval from Freelancers Union when making any public use of the Freelancers Union or Freelancers Guild brands.
IX. Independent Practice
In signing this membership agreement, the Guild Member agrees that they are voluntarily participating in the Guild as an individual attorney and not as a joint venture, partnership, or licensee. The Guild itself does not provide legal services and membership in the Guild does not create or imply a formal association between the participating attorneys and other members of the Guild for the purposes of providing legal services. Guild members are individually responsible for ensuring compliance with all applicable rules of professional conduct including but not limited to those relating to attorney advertising, referral payments, and unauthorized practice of law.
Guild Member agrees to indemnify, defend and hold harmless the Guild and the Freelancers Union, and each of their directors, officers, employees, affiliates and agents from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by (i) Guild Member’s negligence; (ii) any claim that Guild Member infringed upon or violated any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) a breach or alleged breach of any of Guild Member’s representations, warranties or agreements herein.
XI. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, NEITHER FREELANCERS UNION NOR THE GUILD SHALL BE LIABLE TO THE GUILD MEMBER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF GUILD MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, THE GUILD AND THE FREELANCERS UNION’S AGGREGATE RESPECTIVE LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE FEES PAID BY GUILD MEMBER TO THE GUILD UNDER THIS AGREEMENT.
XII. Attorney Ethics Representations
Participating Attorneys represent, warrant, covenant and agree (a) not to provide specific legal advice in any of their advertising, educational or other attorney-created content through the Guild, its site or services, and to draft content which is competent, appropriate, educational, and in accordance with their state bar’s attorney ethics requirements; (b) that they are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia; (c) to promptly notify the Guild of any grievance, claim, reprimand, or censure brought against them, as well as resignation or other loss of license; and (d) that they acknowledge that the Rules of Professional Conduct of the jurisdictions where they are licensed ("Rules") apply to all aspects of their participation and that they will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. The Guild disclaims all responsibility for Guild Member compliance with these Rules. The Guild highly recommends that Guild Members include a disclaimer regarding the aforementioned advertising and ethics issues. The Guild will have no liability to Guild Members arising out of or related to your compliance or noncompliance with such laws and rules, or related to our inclusion or failure to include a disclaimer.
XII. No Solicitation
Guild Members will not distribute to any persons or entities identified via the Guild’s site, app or other services any content or material containing solicitations or advertising of any kind without our express prior written permission. Attorneys and law firms are prohibited from soliciting employment from prospective clients through The Guild’s site, app or services. In no event may any person or entity solicit any users with data retrieved from the Guild’s site, app or services.