How to Hire Your First Employee as a Solo Attorney Practice

2026-08-21

A practical guide for solo attorneys on hiring their first employee, covering costs, steps, legal compliance, and onboarding.

Hiring your first employee is a major step for a solo attorney practice. It can free you from administrative work, but it also adds fixed costs and legal responsibilities. This guide walks you through the decision, the costs, the hiring process, and the compliance steps you need to take, with realistic figures for 2026.

Decide if You Really Need an Employee

Before posting a job, consider whether you need a full-time employee or if a contractor or virtual assistant could meet your needs. Employees require payroll taxes, benefits, and more oversight. Contractors are cheaper but less integrated.

Ask yourself:

What tasks will they handle? (e.g., scheduling, billing, drafting, client intake)
How many hours per week do you need them?
Can you afford the total cost of an employee (see next section)?
Are you ready to manage someone?

If you need consistent, ongoing support, an employee is likely the right choice. For sporadic tasks, a contractor or service might be more cost-effective.

Understand the True Cost of an Employee

Many solo attorneys underestimate the full cost. Beyond the salary, you pay employer taxes, benefits, and overhead. Here are realistic ranges for 2026:

Salary: A legal assistant or paralegal earns $45,000 to $70,000 per year, depending on location and experience. A receptionist might be $35,000 to $45,000.
Payroll taxes: Employer portion of FICA (Social Security and Medicare) is 7.65% of gross wages. Plus federal and state unemployment taxes, typically 2% to 6% of the first $7,000 to $40,000 of wages.
Workers’ compensation insurance: Required in most states, costs $0.50 to $2.00 per $100 of payroll for office workers.
Health insurance: If you offer it, expect $400 to $800 per month per employee for a basic plan.
Retirement contributions: If you offer a 401(k) match, budget 3% to 5% of salary.
Equipment and supplies: Computer, phone, software, and office space add $2,000 to $5,000 upfront, plus $100 to $300 per month ongoing.

Total cost: For a $50,000 salary, the total annual cost is roughly $65,000 to $75,000. Use a payroll calculator to get exact numbers for your state.

Define the Role and Write a Job Description

Write a clear job description that outlines duties, required skills, and expectations. This helps you attract the right candidates and avoids misunderstandings later.

Include:

Job title (e.g., Legal Assistant, Paralegal, Office Manager)
Key responsibilities (e.g., client intake, calendar management, drafting documents, billing)
Required qualifications (e.g., 2+ years of legal experience, proficiency with Clio or similar)
Work hours and location (remote, hybrid, or in-office)
Salary range and benefits

Post the job on legal-specific job boards like Indeed, LinkedIn, and your state bar association’s career center. Also, ask your professional network for referrals.

Screen and Interview Candidates

Plan to spend 2 to 4 weeks on the hiring process. Here is a practical timeline:

Resume screening: Look for relevant experience and stability. Flag any gaps.
Phone screen: 15 to 20 minutes to verify basic qualifications and salary expectations.
In-person or video interview: 45 to 60 minutes. Ask behavioral questions like, “Tell me about a time you handled a difficult client.”
Skills test: For a legal assistant, give a short task like drafting a simple letter or organizing a file.
Reference checks: Call at least two professional references.

Involve a colleague or mentor in the interview if possible to get a second opinion.

Comply with Employment Laws

You must follow federal and state laws. Key steps:

Verify work eligibility: Complete Form I-9 within 3 business days of hire.
Report new hires: Register with your state’s new hire reporting program within 20 days.
Obtain an EIN: If you don’t have one, apply for an Employer Identification Number from the IRS.
Set up payroll: Use a payroll service like Gusto, ADP, or QuickBooks Payroll. Costs range from $40 to $100 per month plus per-employee fees.
Post required notices: Display labor law posters in the workplace (or provide digitally if remote).
Get workers’ comp insurance: Purchase a policy through your state’s marketplace or an insurance broker.

Onboard Your New Employee Effectively

A good onboarding process sets the tone and reduces turnover. Plan for the first week:

Day 1: Set up their computer, email, and software accounts. Review your practice’s policies and procedures.
Week 1: Train them on your case management system, billing software, and client communication protocols. Give them a clear list of tasks to learn.
Week 2: Assign real work with supervision. Schedule daily check-ins for the first month.

Provide a written employee handbook that covers expectations, leave policies, and confidentiality. This protects you legally and clarifies roles.

FAQ

Do I need to offer health insurance to my first employee?

Not legally unless you have 50 or more full-time employees, but offering it can help attract better candidates. Weigh the cost against the benefit.

Can I hire a contractor instead of an employee?

Yes, but be careful. Misclassifying an employee as a contractor can lead to penalties. The IRS uses a 3-factor test: behavioral control, financial control, and the type of relationship. If the person works set hours and uses your equipment, they are likely an employee.

What if I can’t afford a full-time employee?

Consider a part-time employee (e.g., 20 hours a week) or a virtual assistant on a contract basis. You can also hire a law student or recent graduate for lower pay, but ensure you have time to train them.

How do I handle payroll taxes?

Use a payroll service or accountant. They will calculate and remit federal and state taxes, and file required forms. This is worth the cost to avoid errors.

The Bottom Line

Hiring your first employee is a significant commitment, but with careful planning it can transform your practice. Budget for the full cost, define the role clearly, and follow legal steps. Start with a part-time or contractor arrangement if you’re unsure. Once you hire, invest time in onboarding to set your new team member up for success. This step, done right, gives you more time to focus on clients and grow your practice.