In the world of corporate law, the task of handling essential legal work often falls to select lawyers or firms with whom the client shares a long-standing, trusted relationship. However, there are instances where it might be more beneficial for a client to engage local counsel, rather than have their seasoned counsel travel to unfamiliar jurisdictions. In an article in Above the Law, Jordan Rothman, a partner at The Rothman Law Firm, shares his experiences and deliberations regarding the same.
Drawing on his own career reminiscences, Rothman vividly recollects the frequent travelling and court appearances he undertook for a few large clients. Although he found the travel exhilarating, he questioned the feasibility of such logistics, especially considering the escalating costs for clients. Many corporations may find themselves in a similar situation, making use of non-local counsel for seemingly standard court appearances, incurring sizeable expenses in travel and time.
And yet, cost emerges as just one of the reasons favoring hiring local counsel. A legal representative unfamiliar with the local court system and customs can, at times, unwittingly become a distraction in court proceedings. The author shares an anecdote of a courtroom scene where a lawyer, with a heavy Southern accent, grabbed the attention of the court and was grilled by the judge about his origin and general presence in the matter. Such a situation can potentially lead to negative lambency on the client.
Despite these arguments for utilizing local counsel, there are still reasons why clients might choose to work with a ‘travelling’ lawyer. There can be administrative burdens involved with dealing with multiple legal professionals and the client might feel that the expertise of their trusted lawyer is worth the extra cost. Nonetheless, it’s the responsibility of lawyers to consider and communicate whether hiring local counsel would better serve the client’s interests in any given situation.
The article suggests that both clients and legal professionals should carefully evaluate their circumstances and the nature of the matter at hand before deciding between engaging local or travelling counsel.