Lawyers know that litigation, large and small, usually requires the assistance of a variety of non-lawyer vendors, service providers and consultants. These non-legal professionals can be the testifying or consulting experts who clarify technical aspects of the case. They can also be litigation service providers, such as the vendors that host your electronic data, or the court reporters who transcribe depositions. When our relationships with them are at their best, experts and service providers are essential partners. When these relationships go wrong, they cause headaches. There are three fundamentals to vendor relations: defining the terms of the relationship, managing costs and optimizing information flow.

1. Retainer agreements

It is unwise to assume that everyone understands their assignments and what is expected of them. The best way to avoid problems is to spell out all the details in the retainer. Make sure that your agreements address the following:

  • Work product. The agreement absolutely must state that you own all work product and all documents and data furnished to the service provider. All documents and data must be returned to the client at the end of the engagement upon request.
  • Scope of work. Be specific about the projects that you are being assigning. Including amendments and add-ons is preferable to paying the service provider for work you did not request and may not need.
  • Subpoenas and discovery. The service provider should notify you immediately if it receives a document demand or deposition subpoena involving the work it is doing on your behalf, and must allow you to provide the response.
  • How bills should be submitted. The retainer should include details about task codes, narratives and other billing guidelines. Tailor the bills to suit your needs, not those of the service provider.
  • Point of contact. Designate one person to be the central point of contact for assignments and billing to streamline information and increase accountability.
  • Confidentiality. The retainer can either include confidentiality provisions or incorporate a separate confidentiality agreement.

2. Managing costs