What is a Per Diem Attorney?

Per Diem Defined

A per diem attorney is an experienced, independent attorney hired to appear in court on behalf of another law firm or attorney for a specific court appearance or transaction. The term per diem means "by the day," and it reflects how per diem attorneys work; they are paid per appearance, not salaried. They are independent contractors who can handle everything from routine calendar calls to complex discovery conferences, motions, and depositions.

Per diem attorneys are common in high-volume practices, multi-office firms, and practices with scheduling conflicts. They serve as extensions of your team for specific courtroom needs without the overhead of hiring full-time staff.

What Does a Per Diem Attorney Do?

Per diem attorneys handle a broad range of court work, limited only by your instructions. Common assignments include the following.

Conferences and Calendar Calls. Preliminary conferences, compliance conferences, status conferences, and routine calendar calls. The per diem attorney attends, listens, takes notes, and negotiates deadlines and discovery schedules within your parameters.

Motions. Summary judgment motions, motions to dismiss, motions to compel, orders to show cause, and other substantive motions. The per diem attorney argues your position to the judge, based on your papers and your instructions.

Adjournments and Stipulations. Negotiating stipulations, consent orders, and adjournment requests with opposing counsel. A competent per diem attorney will not sign bad language into a stipulation without your approval.

Depositions (EBTs). In-person and remote examination before trial. Depositions require a different skill set than courtroom appearances. Make sure your per diem attorney has specific deposition experience.

JCP and Calendar Calls. Jury Coordinating Part calendar calls and readiness conferences. Per diem attorneys handle these appearances so you can focus on case preparation.

50-H Hearings and Specialty Proceedings. Medical malpractice parts (MMESP, MMTRP), labor law proceedings, and commercial division appearances all have unique protocols. A knowledgeable per diem attorney will understand these nuances.

When Should You Hire a Per Diem Attorney?

Scheduling Conflict. You have a critical appearance on your calendar, but you have another appearance or client meeting at the same time. A per diem attorney fills that gap without compromising either commitment.

Specialized Expertise. Your firm handles matrimonial or general corporate work, but one case involves complex discovery disputes or unusual procedural issues in a specialty court part. You need someone with deep experience in that specific area.

High-Volume Overflow. Your firm has a high volume of calendar calls, conferences, and routine appearances. Rather than hire a full-time associate, you use per diem attorneys to manage the overflow, paying only for what you use.

Out-of-State Counsel. Your firm is based outside New York but represents clients in New York courts. You need a local attorney who knows the judges and the courthouse. A per diem attorney (or a per diem attorney working as your local counsel in pro hac vice matters) provides that local knowledge.

Emergency or Morning-Of Coverage. A conflict hits at 7 AM. Your attorney is ill. You need someone in court in three hours. Per diem attorneys are used to emergency calls and can respond quickly.

Geographic Spread. Your firm has cases across multiple counties and courthouses. Rather than maintain a presence in every courthouse, you use per diem attorneys in each location as needed.

Per Diem Rates and Costs

Per diem attorneys charge flat rates per appearance, not hourly. You know the cost before booking. Rates vary by attorney and proceeding type, but in New York you can generally expect to pay a flat fee per session (morning or afternoon) for conferences, motions, and calendar calls. Depositions and EBTs are priced separately, typically at a higher flat rate reflecting the preparation and advocacy involved.

For our specific rates, see the per diem services page. Interpreter surcharges may apply for EBTs and 50-H hearings.

Per Diem Attorney vs. Full-Time Associate

Cost. Per diem attorneys are significantly less expensive than hiring a full-time associate. You pay only for the specific appearances you need, with no salary, benefits, or office overhead. An associate requires salary, payroll taxes, health insurance, malpractice coverage, and office space. If you have five appearances per month, the math favors per diem.

Flexibility. Per diem attorneys can scale up or down with your caseload. In slow months, you use fewer. In busy months, you use more. An associate is a fixed cost regardless of workload fluctuation.

Continuity. A full-time associate gets to know your firm's culture, your clients, and your case strategy over time. Associates handle follow-up work between court appearances. Per diem attorneys see your case once; continuity depends on thorough instructions and detailed reporting.

Expertise. A good per diem attorney brings specialized expertise you may not have in-house. You get a lawyer with 25 years in the courtroom for a single appearance. An associate may take years to develop that same expertise.

Liability. Both per diem attorneys and associates are your responsibility in terms of malpractice and conduct. Hire carefully in both cases. Choose a per diem attorney with a good reputation and solid references.

How to Choose the Right Per Diem Attorney

Experience in Your Specific Courts. Do not hire a per diem attorney who has never set foot in the courthouse where your case is pending. Ask about their experience with the judges, the law secretaries, the courtroom procedures, and the pace of that specific part. Court knowledge is the primary value a per diem attorney brings.

Track Record with Similar Cases. If your case involves complex discovery, ask whether the per diem attorney has negotiated discovery disputes. If it is a motion-heavy case, ask about their motion practice. If it involves depositions, ask about their deposition experience. Specialization matters.

Same-Day Reporting. Quality per diem attorneys deliver a substantive written report the same business day, not a one-liner email three days later. The report should say what happened, what was ordered, what you need to do next, and include scanned copies of all court orders. This is non-negotiable.

Responsiveness. A good per diem attorney will respond to your calls and emails quickly. They will read your file before court, not after. They will ask clarifying questions if your instructions are ambiguous. They will call or email immediately after the appearance with a summary, before the formal written report.

Professional Conduct. Ask for references. Call other attorneys who have used this per diem attorney. Ask whether they were prepared, whether they showed up on time, whether they were respectful to the court and opposing counsel, and whether they delivered quality work. Word of mouth is the best vetting tool.

Detailed Instructions. Provide written instructions for every appearance. Include your case strategy, your litigation goals, your settlement authority, any red-line positions, the judge's known preferences, and the names and contact information of key court staff. A well-briefed per diem attorney will give you better results.

Per Diem vs. Pro Hac Vice: Know the Difference

These are completely separate services. Do not confuse them.

Per Diem. A per diem attorney is a licensed New York attorney appearing on your behalf in a New York court. Per diem is available to any attorney, in-state or out-of-state. The per diem attorney is a local attorney handling the appearance.

Pro Hac Vice. Pro hac vice ("for this occasion") is admission of an out-of-state attorney to appear in a specific case in a New York or federal court. Pro hac vice requires a motion, a Certificate of Good Standing, a local counsel association, and approval from the judge. Pro hac vice is for out-of-state attorneys; per diem is a local attorney appearing on your behalf.

If you are an out-of-state attorney needing to appear in New York, you have two options: (1) hire a per diem attorney to appear for you, or (2) file a pro hac vice motion to appear yourself (with a local counsel association). These are different paths with different costs and timelines. Do not confuse them in your planning.

Frequently Asked Questions

What is a per diem attorney? +

A per diem attorney is an experienced, independent attorney who appears in court on behalf of another law firm or attorney for a single appearance or transaction. Per diem literally means "by the day." Per diem attorneys handle everything from routine calendar calls to complex discovery conferences, motions, and depositions.

How much does a per diem attorney cost? +

Per diem rates vary by jurisdiction and proceeding type, but most New York attorneys charge flat rates per appearance. Conferences and calendar calls are at the lower end, while depositions and EBTs command a higher rate reflecting the preparation involved. Rates are flat, not hourly, so you know the cost in advance. See our per diem services page for specific pricing.

What courts do per diem attorneys cover? +

Per diem attorneys cover state courts and federal courts. In New York, coverage includes all five boroughs of New York City, Nassau County, Suffolk County, Orange County, and federal courts in SDNY and EDNY. We do not handle immigration court, family court, criminal court, or housing court.

When should I hire a per diem attorney? +

Hire a per diem attorney when you have a scheduling conflict with your own calendar, when you need specialized court expertise you don't have in-house, when you handle high volume cases and need overflow coverage, or when you are out-of-state and need local court representation. Per diem attorneys are particularly useful for emergency morning-of coverage.

What is the difference between a per diem attorney and an associate? +

A per diem attorney is an independent contractor hired for specific appearances and is paid by the appearance. An associate is a full-time employee of your firm, on payroll, and handles multiple matters and long-term client relationships. Per diem attorneys are lower cost and more flexible. Associates provide continuity and deeper case involvement.

How do I choose the right per diem attorney? +

Look for a per diem attorney with significant experience in the specific courts where your cases are pending. Ask about their familiarity with the judges, their track record, and their reporting quality. A good per diem attorney will read your file before court, understand your litigation goals, and deliver substantive same-day reports.

What is the difference between per diem and pro hac vice? +

Per diem and pro hac vice are completely separate services. Per diem is when a local New York attorney appears on your behalf. Pro hac vice is when an out-of-state attorney is admitted to appear in a specific case with a New York local counsel association. Per diem is for routine coverage; pro hac vice is for out-of-state attorney admission.

Can a per diem attorney negotiate settlements or dispositions? +

Yes. A per diem attorney can negotiate discovery schedules, stipulations, consent orders, and scheduling agreements with opposing counsel, subject to your written instructions. You should provide clear directives on settlement authority, acceptable dates, and any red-line positions before the appearance.

Ready to Hire Per Diem Coverage?

The Law Office of Frederic R. Abramson provides per diem court appearances across New York, Nassau County, Suffolk County, Orange County, and federal courts (SDNY, EDNY). Every appearance is handled by Fred Abramson personally or by a vetted, experienced attorney with 20+ years in New York Supreme Court.

Coverage confirmed in 15 minutes. Same-day reporting. Court intelligence informed by 27 years in the courtroom.

View Per Diem Services

Phone: 212-233-0666  |  Text/Emergency: 917-686-3827  |  Email: fabramson@abramsonlegal.com