Largely, it is the privilege of the general counsel, and the general counsel only, to retain outside firms. Without sole possession of that right, a general counsel can hardly be held responsible for the fullness of legal outcomes and costs. If clients could turn when they wanted to whatever firm they chose, legal anarchy would result and costs might skyrocket. This does not happen, except for a pocket or two of vestigial rights, such as the tax department and claims, which can hire firms on their own. But, almost without exception, authority to retain external counsel lodges firmly with the general counsel.

That singular authority to retain counsel, however, does not necessarily and each time mean unfettered freedom to choose which firm to retain.

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