The Collaborative Relationship Between Inside and Outside Counsel: Making it work

We work closely and in partnership with in-house counsel. We subscribe to the following simple principles to make the relationship a success:

Joint effort and involvement. Reducing legal cost, while maintaining quality of legal services, requires joint effort. We understand that we and inside counsel are on the same team and each of us has an important role to play.

Agreement regarding goals. We seek early and joint agreement regarding the goals to be achieved, including whether and on what basis a settlement would be acceptable.

Early case assessment. We encourage an early and candid case evaluation. We believe that an early assessment is important to developing case objectives and strategy.

Agreement regarding level of services. We believe there should be mutual agreement regarding the level of legal services to be rendered. We understand that inside counsel has an interest in deciding whether the case calls for the equivalent of a Chevrolet or a Cadillac; whether the case is one in which every stone must be turned over or whether, given the mutually agreed case objectives and strategy, some lesser level of effort is appropriate.

Development of case budget. We encourage the joint development of a case budget, based on assumptions that both we and inside counsel agree are reasonable.

Cut tasks and not rates. We believe that efforts at cost reduction should focus on cutting tasks and not cutting rates. The emphasis should be on identifying the essential legal services required and eliminating the excess.

Efficient communication. Poor communication results in increased cost. We seek to be available and responsive to inside counsel, and encourage a ready flow of information between us.

Joint benefit. Just as inside counsel understands that we are entitled to be compensated for our efforts, we understand that the client is entitled to value for its legal dollar.

Joint case management. Ultimately, we view our goal and that of inside counsel to be joint case management. The primary emphasis is on reaching agreement regarding case objectives and budgets, and jointly monitoring the case to ensure that agreed-upon expectations are met.