The fractional model: workload, contract and responsibilities
Get Interim SupportShort answer
In the fractional counsel model, an experienced legal counsel or general counsel works for a company on a fixed part-time basis, usually one to three days a week, over the long term. Contractually, this runs through staff leasing, where the company directs the work, or through freelancing, where the counsel works independently within a mandate. The company always makes the decisions; reporting line, signing authority and availability belong in the contract before the start. In Germany, part-time agency work counts in full towards the 18-month maximum.
Short answer: In the fractional counsel model, an experienced legal counsel or general counsel works for a company on a fixed part-time basis, usually one to three days a week, over the long term. Contractually, this runs through staff leasing, where the company directs the work, or through freelancing, where the counsel works independently within a mandate. The company always makes the decisions; reporting line, signing authority and availability belong in the contract before the start. In Germany, part-time agency work counts in full towards the 18-month maximum.
This guide is for executive boards, CFOs and boards of directors in Switzerland and Germany who are considering a fractional legal counsel. It explains how workload, contract and responsibilities fit together. Alpinum Solutions is the leading provider of interim legal & compliance and provides fractional counsel through staff leasing and freelancing.
What the fractional model is
The fractional model is a long-term part-time solution for legal leadership or expertise. Unlike an interim assignment, it is not about bridging a gap but about an ongoing function that does not justify a full-time role.
- Fractional general counsel: leads the legal function, prioritises requests, advises management and manages external law firms.
- Fractional legal counsel: covers a practice area or ongoing contract work part-time, without a leadership role.
- The difference from interim leadership: an interim head of legal takes over leadership for a limited period, usually at a high workload, for example during a vacancy. The guide fractional GC or interim head of legal compares the two roles.
Workload: how much time the model needs
The workload depends on volume and the availability you expect. At Alpinum, assignments from 20% to 100% are possible, depending on the company's needs and the professional's preferences.
| Workload | Roughly | Suits | To agree |
|---|---|---|---|
| 20% | 1 day a week | Legal leadership in small companies, managing the law firm, templates | Fixed office hour, response time, cover |
| 40% | 2 days a week | Leadership plus ongoing contract work | Fixed days, weekly prioritisation with management |
| 60% | 3 days a week | Growing companies with regular negotiations and projects | When a permanent role makes sense, increases for peaks |
| Variable | Monthly allowance of hours | Fluctuating demand | Allowance, carry-over, billing of extra hours |
The guide on part-time legal counsel for SMEs shows how to convert your needs into hours and a workload.
Contract: staff leasing or freelancing
A fractional counsel can be engaged through two models. The deciding question is who directs the work.
| Feature | Staff leasing | Freelancing |
|---|---|---|
| Employer or contracting party of the professional | Staffing provider (agency) | The professional is self-employed |
| Direction | The company generally directs the work; the professional is integrated into the organisation | Independent, within the agreed mandate |
| Contract with the company | CH: written hiring contract stating the costs (Art. 22 Swiss Recruitment Act, AVG); DE: the assignment must be expressly designated as agency work and the person named in advance (section 1(1) Temporary Agency Work Act, AÜG) | Service or mandate agreement with a scope of work |
| Duration | DE: maximum 18 consecutive months with the same client (section 1(1b) AÜG); part-time is not counted pro rata | No agency-work maximum, as there is no agency work; but status questions arise with long, close integration |
| Suits | A fractional counsel managed like a team member | A clearly defined mandate that the professional organises |
The guide freelancing, staff leasing or secondment compares the models in detail.
Responsibilities: who decides, who signs
In the fractional model, the company is responsible for decisions. The counsel prepares, advises internally and implements. Settle five points before the start.
- Reporting line: who the fractional counsel reports to, usually the CEO or CFO.
- Signing authority: whether and to what extent the counsel signs contracts or makes statements on the company's behalf; the company grants this authority expressly.
- Approvals: which deviations from standard terms the counsel may approve and what goes to management.
- Managing law firms: who instructs law firms and monitors budgets.
- Confidentiality and conflicts: how the counsel's other mandates are handled.
Switzerland and Germany: what differs
For the fractional model, the countries differ mainly in maximum duration, employment status and professional rules.
| Topic | Switzerland | Germany |
|---|---|---|
| Term | Personalverleih (Swiss staff leasing) | Arbeitnehmerüberlassung (German temporary agency work) |
| Duration | The contract states the assignment period or notice period; for open-ended assignments, shorter notice of 2 or 7 days applies in the first six months (Art. 19(4) AVG) | Maximum 18 consecutive months; part-time is not counted pro rata (Federal Employment Agency guidance 1.5.1) |
| Freelancing | The AHV compensation office assesses self-employment case by case | Instructions and integration decide (section 7 Social Code IV); status determination by the German pension insurance is possible |
| Professional rules | In-house lawyers employed by a non-registered employer are not in the bar register (Art. 8(1)(d) BGFA) | Providing legal services independently in matters of others requires authorisation (sections 2 and 3 Legal Services Act, RDG); under agency work, admission as an in-house lawyer is ruled out (Federal Court of Justice, 20 March 2023, AnwZ (Brfg) 12/21) |
For a long-term fractional counsel in Germany this means: under staff leasing, plan with the maximum duration from the outset; under freelancing, clarify in advance how tasks and responsibilities are structured.
What the fractional model costs
The cost is the daily rate multiplied by the workload. Legal leadership roles usually call for a senior profile (7+ years). At Alpinum, this costs CHF 1,200–1,800+ per day in Switzerland, and in Germany EUR 960–1,440+ under staff leasing and EUR 1,360–2,000+ per day under freelancing (excluding VAT, as of 18 October 2026). Worked example (assumption): one day a week with a senior profile in Switzerland costs CHF 1,200–1,800+ per week.
Limits and risks
- Availability: outside the agreed days there is no automatic standby. Urgent matters need a rule.
- Maximum duration in Germany: a fractional assignment under staff leasing ends with the same client after 18 months at the latest, regardless of workload, unless a collective agreement provides otherwise.
- Status under freelancing: the closer the integration and the longer the assignment, the more carefully self-employment must be checked.
- Not a law firm: Alpinum does not provide legal advice as a law firm; court representation and specialist opinions remain with law firms.
- Knowledge: without documentation, knowledge is lost when the person changes. Templates, registers and decisions belong to the company.
Frequently asked questions about the fractional counsel model
What is the difference between a fractional counsel and a part-time employee?
A part-time employee is employed by the company. In the fractional model, the counsel is employed by the staffing provider (staff leasing) or self-employed (freelancing) and often works for several companies. The company avoids recruitment and employer obligations and can adjust the workload flexibly.
Can a fractional general counsel sign contracts?
Only if the company expressly authorises it. The scope and limits of the authority should be recorded in writing, together with the approval route for deviations from standard terms. Responsibility for the decision stays with the company, even when the fractional counsel signs.
How long does a fractional assignment last?
The model is designed for the long term, often many months. In Germany, the AÜG limits the hiring out of the same professional to the same client to 18 consecutive months, including part-time. In Switzerland, the employment and hiring contracts state the assignment period or notice period.
Staff leasing or freelancing – which suits a fractional GC better?
Staff leasing suits a fractional GC who is managed like a team member and implements your priorities. Freelancing suits a clearly defined mandate handled independently. Both models work part-time. What counts is how the collaboration works in practice.
Can a fractional arrangement become a permanent role?
Yes, once demand grows enough to justify a full-time role. The fractional assignment shows which profile and scope are needed. A move into the team (temp-to-perm) is possible; the terms are agreed in advance.
Next step
Describe the tasks, the workload you have in mind and the reporting line; that determines the profile and the model. Selected profiles are usually available within 48 hours; the client and Alpinum agree the start date together.
- Fractional general counsel: part-time legal leadership
- Outsourced legal department or additional legal counsel
- Fractional GC or interim head of legal
- Models & legal framework: all guides on engagement models and the legal framework
- Discuss your needs
Last updated: 10 November 2026.
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Sources
- Arbeitnehmerüberlassungsgesetz (AÜG) § 1 Abs. 1, 1b (abgerufen 30.10.2026)
- Bundesagentur für Arbeit, Fachliche Weisungen AÜG (Stand 22.05.2026), Ziff. 1.5.1 (abgerufen 30.10.2026)
- Arbeitsvermittlungsgesetz (AVG, SR 823.11) Art. 19 und 22 (abgerufen 29.10.2026)
- SGB IV § 7 (Beschäftigung) (abgerufen 30.10.2026)
- AHV/IV-Merkblatt 2.02 Selbständige Erwerbstätigkeit (abgerufen 30.10.2026)
- Rechtsdienstleistungsgesetz (RDG) §§ 2, 3 (abgerufen 29.10.2026)
- BGH, Urteil vom 20.03.2023 – AnwZ (Brfg) 12/21 (Rechtsinformationen des Bundes) (abgerufen 29.10.2026)
- Anwaltsgesetz (BGFA, SR 935.61) Art. 8 (abgerufen 29.10.2026)
