Colleagues — I'm exploring a compensation arrangement for a new business and would appreciate input from anyone familiar with New York Rule of Professional Conduct 5.4(a)(3) and its intersection with employment law. Specifically, I'm considering employing an attorney who is not admitted in New York, with compensation tied to the profitability and performance of the practice. I have two principal questions: 1. Profit sharing / minimum wage: Can an employee's entire compensation consist of participation in the firm's profits under Rule 5.4(a)(3), or must the employee also receive a base salary satisfying applicable minimum wage requirements? We anticipate the profit participation would substantially exceed minimum wage, but obviously that cannot be guaranteed. 2. Per-case compensation: Could the employee alternatively, or additionally, receive a flat $500 for each case successfully settled? Would that arrangement be permissible under Rule 5.4(a)(3) and applicable ethical and employment rules? I'm particularly interested in how to structure an arrangement that accomplishes these economic objectives while complying with both New York's professional responsibility rules and employment law. I'm happy to pay for a consultation with someone knowledgeable in this area who can help us arrive at a practical, compliant solution. If anyone has experience with these issues or can recommend an attorney who does, I'd greatly appreciate hearing from you. Many thanks! Best, Jeb Singer Managing Partner J. Singer Law Group, PLLC 1 Liberty Plaza, 23rd Floor New York, NY 10006 C: 917-806-5832 jsinger@jsingerlawgroup.com http://www.singerlawgroup.com This message and its attachments may contain information that is confidential and/or protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding or saving them. Please delete the message and attachments without printing, copying, forwarding or saving them, and notify the sender immediately. WIRE FRAUD WARNING: Wire instructions should never be accepted solely by email. Before sending any wire, you must verbally confirm the instructions by calling our office at a known telephone number. We will not change wiring instructions by email. J. Singer Law Group, PLLC is not responsible for funds sent to incorrect accounts due to email fraud or cybercrime. To ensure compliance with requirements imposed by U.S. Treasury Regulations, J. Singer Law Group, PLLC informs you that any U.S. tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.