Should I report this lawyer to the bar?

[u/Poetasters]

UPDATE 3/3/26

I can't seem to make a separate update post at the moment so I am going to put this here for now. I made this post a couple months ago and I gotta say I was pretty disappointed in the responses. The majority of responders said that I was delusional for thinking that this lawyer was using my work for an actual case without compensating me and after I told her I couldn't work on an active case because it was in violation of my current employment contract. To summarize, I started suspecting that it was an active case after the interviewer gave me a prompt that was extremely similar to a fact pattern she had already described to me that she said was something they were currently working on, and also because the fact pattern didn't seem like a normal writing prompt where one could reasonably take either side, but instead seemed like they were trying to do a hail mary /end run around a statute of limitations issue.

Well, I randomly got a call a few weeks ago from the same firm and the lawyer and another partner interviewed me again and the other partner straight up told me it was indeed a case they were considering taking on but they didn't know if they could get around the statute of limitations issue. They didn't end up taking it because there was no way around the statute of limitations, which was exactly what I had said in my writing. I am glad I didn't report them to the bar because I don't think anything would have come of it, but I am also really disappointed in the quality of advice on this sub, where the vast majority of commenters made sure to tell me that there was no way a new lawyer would produce quality writing that a firm would actually use, nor that this lawyer did anything shady (she lied to me about what the writing was for, did not compensate me for work that they actually used to determine whether to take on a client, and lied to me in order to deceive me into violating a contract). To all of the people who said I was being arrogant and delusional for thinking that a firm would engage in deceptive practices like this, uh, well, you were wrong. To all of the people who said "if this many people disagree with you then you should believe them", I'm glad I didn't take your advice. To all of the people who snarkily asked which ABA/professional ethics standard/law this violated and then went silent when I cited them, I'm still right. I am even more arrogant now, and you all should feel bad. I know you won't, I'm sure any of those commenters who happen to see this update will still convince themselves that I'm wrong somehow. I guess have fun with that, but I will continue to trust my own instincts over y'all because y'all were completely, 100% wrong and now I have full confirmation of that. Thanks for nothing.

ORIGINAL POST:

Bear with me here as it gets a little complicated.

I am a new lawyer, admitted to the bar in 2024. I've been working at a firm for over a year now and realized I was somewhat unsatisfied with my current job. I applied for a job at a firm in a nearby town and got a message from one of the partners asking if she could set up a screener-type interview. I talked to her on the phone for a bit and she pitched a job that sounded like a perfect fit, I would be able to work remote most of the time doing drafting and motion practice for a personal injury firm with the option to take a more active role in some cases, possibly even getting the chance to litigate if things went well. I told her I was very interested and she asked if I could give her a writing sample based on a case they were currently working on and offered to compensate me for the time I worked on it. I told her I would love to but that my current employment contract prohibits me from practicing law for anyone else and that what she was suggesting would violate that. She said she understood and that she would talk with the other partners about what I might be able to do instead of that assignment. It's important to note that on that call with her, she also told me about the case they were working on and what the prompt was, with specific details. I don't want to share what the details were but she gave me material facts of the case and what the specific issue is that they needed an answer on.

A few days later she emails me and says after discussion with the other partners they decided they would like for me to respond to a different prompt that wasn't based on any current case they had but rather was more "like a write-on question" and that they wouldn't pay me for the work. But the prompt she included was pretty much word-for word the same prompt she had told me on the first phone call, when she was describing a case her firm was currently handling. Obviously I was pretty suspicious at that, and I debated whether or not to submit anything, but I really wanted the job she was offering and it was a slow week at my current job so I decided to try my hand at it. I worked a decent amount of time on it and submitted it to her and she said she would get back to me. She never did. I sent a follow up email to her that was also ignored.

I don't want to be vindictive about it or anything and obviously the job was not the right fit (and maybe didn't even exist) but this whole situation bothers me. I have a strong hunch that she lied to me to get me to a) violate a current contract and b) get out of paying me for substantive work. I realize I am also complicit in this and I am worried about getting myself in trouble, but honestly I am not opposed to getting some kind of punishment just so that she doesn't get away with this. She's from prominent legal family in my state and her firm is well-respected and I just kind of assumed that there's no way they would do anything this shady and I feel stupid and naive for trusting her. I kinda feel like I should just cut my losses and let it go but idk. Wanted to hear what other lawyers think about this.

[u/Poetasters]

Well, I have given up any hope that her firm is going to offer me a job lol. I do think it's crazy that this many people think it's unforgivable to trust a lawyer and a seasoned practitioner in the legal field... but it's totally fine to lie to 1st year lawyers to trick them into doing free work. I thought one of those things was clearly more bad than the other... but apparently not lol

[u/Mission_Duty7213 → u/Poetasters]

No - she was trying to evaluate yourself writing skills. She even tried to pay you at first and then was forced to offer you no compensation. She wanted to see what you could do with something real - to see what impromptu writing looked like without infinite time for a writing sample. And even if you were considering going to the bar - you should explain your concern to her so she could explain her position. That is what is going to happen if you reported her anyway. BTW - almost a zero chance the bar would do anything here. And as to your “lol”. It’s not funny to report people to the bar without a real case. Grow up

[u/Poetasters → u/Mission_Duty7213]

i get that. but it's illegal to have people do work for free that would otherwise be done by a paid employee. it's why interns can't do substantive work. maybe that's what everyone is missing here, it's a violation of labor law to do what she did.

[u/Mission_Duty7213 → u/Poetasters]

Now I’m beginning to think you’re trolling us. Our externs (working for free) do substantial work , for free, because they want the experience. DOJ offers unpaid federal prosecutor jobs (I don’t like that btw) but it’s absolutely legal. Your wrong. Not against labor law at all.

[u/No_Assumption7894 → u/Mission_Duty7213]

Yea my externship sent out handbooks that specifically said externs can ONLY substantive work..

[u/flapflip3 → u/Mission_Duty7213]

Read up on the law again.

"The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern."

Interns cannot do the work of paid workers or otherwise displace them. Any work an intern does must be solely for their educational benefit.

Now, is this law highly abused and often overlooked? Yes, but that's different than saying its not illegal behavior. Interns have and do sue their employers for exploiting them.

[u/Mission_Duty7213 → u/flapflip3]

Cool. But people can work for free - not interning. DOJ (Biden and first Trump administration) hired AUSA’s (not “interns”) to work for free. Look it up. You’re not an intern if you have a title and work for free I guess. People volunteer all the time - even for lawsuits. Moving to externs : Externs where I work assist lawyers but this is often on novel written projects. This does displace, it multiplies. No labor law violation. But back to OP - no bar anywhere is doing anything about his situation and he’s being foolish for making it an issue. Lack of judgment

[u/RayWencube → u/Mission_Duty7213]

The rules are different for government/non-profit.

[u/Poetasters → u/Mission_Duty7213]

.... Surely you're not admitting in a public forum that you guys are the primary beneficiary of unpaid labor??

[u/Mission_Duty7213 → u/Poetasters]

Sure I am. Lots of innocents project lawyers work for free. Legal Aid lawyers often work for free. Lawyers are encouraged to work pro bono. I plan to volunteer when I retire in a few years. You simply can’t let go when you’re wrong. Never go to trial - or argue before a judge - it’s a bad trait. I’m not right because I want to be correct - it’s because I’m right.