Hiring a freelance lawyer directly or through a provider: effort, risk and cost
Get Interim SupportShort answer
Hiring a freelance lawyer directly makes sense in Germany or Switzerland when you already know the person, the mandate is clearly defined and they work on their own responsibility. Going through a provider is the better route when you need vetted profiles quickly, do not want to run your own search, or the person should work inside your team under your instructions – in which case staff leasing, not freelancing, is the right model. The biggest risk of a direct engagement is false self-employment.
Short answer: Hiring a freelance lawyer directly makes sense in Germany or Switzerland when you already know the person, the mandate is clearly defined and they work on their own responsibility. Going through a provider is the better route when you need vetted profiles quickly, do not want to run your own search, or the person should work inside your team under your instructions – in which case staff leasing, not freelancing, is the right model. The biggest risk of a direct engagement is false self-employment.
This comparison is for legal departments, compliance teams and procurement in Switzerland and Germany who want to hire a freelance lawyer. It sets out the effort, risk and cost of each route and explains when staff leasing is the better answer. Alpinum Solutions is the leading provider of interim legal & compliance in Switzerland and Germany.
The options in brief
There are three ways to bring in a freelance lawyer. They differ in who searches, who your contracting party is and who directs the work.
- Direct engagement: Your company signs a services contract with the self-employed lawyer. Search, vetting, contract and invoicing are your responsibility.
- Freelancing through a provider: The provider proposes vetted profiles and is your contracting party. The professional works independently and on their own responsibility within the agreed mandate.
- Staff leasing through a provider: The professional is employed by the provider and works as part of your team under your professional instructions. In Germany this is Arbeitnehmerüberlassung (temporary agency work); in Switzerland it is Personalverleih (staff leasing).
Comparison: direct, freelancing or staff leasing through a provider
| Criterion | Freelancer, direct | Freelancing through a provider | Staff leasing through a provider |
|---|---|---|---|
| Search and selection | Own network, referrals, platforms | Provider proposes suitable profiles | Provider proposes suitable profiles |
| Professional vetting | By your team | By the provider before proposing; you decide | By the provider before proposing; you decide |
| Contracting party | The professional | The provider | The provider (the professional’s employer) |
| Control | Own responsibility within the mandate | Own responsibility within the mandate | You hold the right to give professional instructions |
| Employment status risk | With you | The mandate must fit self-employment | None: employed by the provider |
| Provider licence | Not needed | No staff leasing licence, provided the professional works on their own responsibility | DE: licence from the Federal Employment Agency; CH: cantonal licence |
| Absence or replacement | You search again | Provider can propose a replacement | Provider can propose a replacement |
| Cost | The professional’s rate plus internal effort | Rate including the provider’s service | Rate including salary, social security and the provider’s service |
Effort: what you take on with a direct engagement
A direct engagement saves the provider’s fee but shifts work to your team. Plan for these steps:
- Search: describe the profile, find candidates, clarify availability and workload.
- Vetting: technical interview, references, admissions and conflicts of interest.
- Contract: mandate, deliverables, fees, confidentiality, data protection and liability. If the person is an admitted lawyer, decide whether you are instructing them as a lawyer.
- Status check: confirm that the planned collaboration is genuinely self-employed (see next section).
- Invoicing and replacement: record hours, check invoices and search again if the person drops out.
For a single, well-defined mandate with someone you know, this is manageable. With several assignments or little time, the search becomes the bottleneck. A provider with its own network shortens it: Alpinum Solutions draws on more than 7,500 legal and compliance professionals in its own database, each interviewed, technically assessed and vetted in its qualification process.
Risk: false self-employment in Germany and Switzerland
The central risk of any freelance engagement is a working relationship that is legally employment. What counts is how the work is actually done, not what the contract is called.
- Germany: Indicators of employment are working under instructions and being integrated into the client’s organisation (§ 7(1) SGB IV, the German Social Code). The status determination procedure with the German Pension Insurance provides certainty and can be requested before work starts (§ 7a SGB IV). If employment is established, the client owes the social security contributions, in practice often both shares (§§ 28e, 28g SGB IV).
- Switzerland: The AHV compensation office assesses each activity individually based on the economic reality. Someone who works for only one client, bears no business risk and does not trade under their own name is usually treated as employed (AHV information sheet 2.02). Contributions can be reclaimed up to five years after the end of the calendar year (Art. 16(1) AHVG, the Swiss Old-Age and Survivors’ Insurance Act).
If the person is meant to work in your team, attend team meetings and receive tasks from you on an ongoing basis, freelancing does not fit – neither directly nor through a provider. Staff leasing is then the right model. How to describe a freelance mandate properly is covered in Engaging freelance lawyers safely.
Cost and availability
With a direct engagement, you pay the professional’s rate and carry the internal effort of search, vetting and administration. Through a provider, the rate includes the provider’s service. At Alpinum Solutions, freelance rates are EUR 90–250+ per hour (EUR 720–2,000+ per day) in Germany and CHF 75–225+ per hour (CHF 600–1,800+ per day) in Switzerland, by seniority from junior to senior, excluding VAT, as of 18 October 2026.
Availability depends on the network. If you do not know a suitable person, your own search often takes longer than the mandate allows. Through Alpinum, selected profiles are usually available within 48 hours; the start date is agreed between the company and Alpinum. The cost drivers in detail are covered in What does an interim lawyer cost?.
Control, responsibility and contract model
Who directs the work determines the model. A freelancer works on their own responsibility within the agreed mandate; you define the deliverable and the framework, not the daily routine. In staff leasing, you hold the right to give professional instructions and the professional is integrated into your organisation.
Staff leasing requires a licence. In Germany, the provider needs a licence from the Federal Employment Agency (§ 1(1) AÜG, the German Temporary Agency Work Act), and the contract must expressly describe the arrangement as temporary agency work (§ 1(1) sentences 5–6 AÜG). In Switzerland, the provider needs a cantonal licence, and leasing staff into Switzerland from abroad is not permitted (Art. 12 AVG, the Swiss Recruitment Act). Alpinum Solutions holds a licence from the Hesse regional directorate of the Federal Employment Agency as well as the cantonal licence and the SECO licence for staff leasing.
When a direct engagement is the better choice
- You know an experienced person who already works independently for several clients.
- The mandate is a defined deliverable, such as an opinion, a contract template or a review with a clear end.
- The person uses their own resources, plans their own time and is not embedded in your processes.
- Your team has capacity for the contract, the status check and invoicing.
Five questions to decide
- Do you already have a suitable, available person, or do you need to search first?
- Should the person work in your team under your instructions (staff leasing) or deliver a defined mandate on their own responsibility (freelancing)?
- How quickly does support need to start?
- Who checks expertise, references and conflicts of interest, and who finds a replacement if the person drops out?
- Can the person’s self-employment be evidenced, for example through several clients and their own market presence?
If the answers are “known, independent, no time pressure, our team vets, evidenced”, a direct engagement is a good fit. Otherwise, a provider is the faster and safer route.
Frequently asked questions about hiring a freelance lawyer
Can I hire a freelance lawyer directly?
Yes. You can sign a services contract directly with a self-employed lawyer. What matters is that the collaboration is genuinely independent: the person works on their own responsibility within a clear mandate and is not integrated into your organisation like an employee. Otherwise, both Germany and Switzerland may reclassify the relationship as employment, with back payments of social security contributions.
Is a freelancer cheaper when hired directly?
The rate is often lower, because the provider’s service is not included. In return, you handle search, vetting, contract drafting, the status check, invoicing and finding a replacement yourself. For a single mandate with someone you know, that often pays off. With several assignments or little time, the effort and delay usually outweigh the saving.
When do I need staff leasing rather than a freelancer?
Staff leasing fits when the person works as part of your team, receives tasks from you on an ongoing basis and follows your professional instructions – for example to cover a vacancy or to add capacity for day-to-day work. The professional is then employed by the provider. In Germany, the provider needs a licence under § 1 AÜG; in Switzerland, a licence under Art. 12 AVG.
How do I check whether a freelancer is genuinely self-employed?
Check whether the person works for several clients, trades under their own name, uses their own resources and bears business risk. Describe deliverable, place, time and resources in the contract as the work will actually be done. In Germany, the status determination procedure under § 7a SGB IV gives a binding answer; in Switzerland, the AHV compensation office decides.
Can a freelancer engaged through Alpinum join us permanently later?
A move into your team (temp-to-perm) is possible; the terms are agreed in advance. This applies to freelancing and staff leasing. Raise the option early if you see the person in your team for the long term.
Next step
Looking for a freelance lawyer or a professional for your team? Alpinum Solutions provides lawyers and compliance professionals through freelancing and staff leasing, part-time or full-time, as individuals or teams. Your company directs the assignment.
- Freelancing: independent legal and compliance professionals through Alpinum
- Staff leasing for legal and compliance
- Costs & procurement: all guides on budget, purchasing and provider selection
- Discuss your needs
Last updated: 10 November 2026.
Sources
- SGB IV § 7 (Beschäftigung) (2026-10-29)
- SGB IV § 7a (Statusfeststellung) (2026-10-29)
- SGB IV § 28e (Zahlungspflicht) (2026-10-29)
- Arbeitnehmerüberlassungsgesetz (AÜG) § 1 (2026-10-29)
- AHV/IV-Merkblatt 2.02 Selbständige Erwerbstätigkeit (2026-10-29)
- AHVG Art. 16 – Fedlex (2026-10-29)
- Arbeitsvermittlungsgesetz (AVG) Art. 12 – Fedlex (2026-10-29)
