Co-counsel is an arrangement where we assist another law firm with a matter for their client. That other firm will be the lead adviser, while our role is limited to a defined scope of work, typically covering matters that fall outside their expertise or jurisdiction Either way, we are engaged directly by their client (a mutual client), but we can ensure that they experience a seamless service.
In common with all large London firms, we would prefer to use our broad and deep expertise to win the entirety of the work exclusively, rather that only do part of it. Where this is not possible, we can co-counsel with another firm.
Your Engagement Letter to the client needs to ensure it is very clear how we will work with the other firm and where responsibility lies. With that in mind you should review this rider and incorporate its provisions as you need.
However, in some instances, you may be asked to enter into a co-counselling arrangement with another law firm where the only services required from you fall within your particular niche area of expertise and are expected to involve only a relatively small number of hours of work.
In these circumstances, and where your services form part of a much wider service offering being delivered by the referring law firm, issuing a full engagement letter directly to the client may be considered disproportionate. In such cases, rather than issuing a formal engagement letter, you may use an approved streamlined email template to set out the terms of your engagement.
Tip: To onboard the client, the matter must still be opened in the usual way. Keyed-In will require an engagement letter to be generated; however, instead of issuing that engagement letter to the client, you should use this approved email template Co-Counselling Engagement Letter Email Template. Relevant wording from the draft engagement letter may be copied and pasted into the template as appropriate, thereby saving time while ensuring that all necessary terms are communicated to the client.
The template email should then be sent to the client in place of a formal engagement letter. The client must expressly accept the terms by replying to the email. The client's written acceptance will create the retainer and confirm their acknowledgement that the referring law firm remains the client's primary legal adviser and retains responsibility for the overall management and conduct of the matter.