It cannot be emphasized enough that in-house and outside litigation counsel need to work well together if they are to address a given matter effectively and efficiently. When problems develop in that relationship, as in any other, the fault often lies in a failure to communicate properly. A cooperative and productive relationship between in-house and outside litigation counsel can easily be marred when lines of communication are shut down, even inadvertently.
Our experiences as outside counsel in litigation and arbitration matters and as in-house litigation counsel, as well as our tenure as the co-chairs of the Corporate Litigation Counsel Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, have taught us that the same issues, naturally viewed from different perspectives, often disrupt the relationship between outside and in-house litigation counsel. Whether questions arise concerning billing, staffing, document review and production, or any other issue, tension often can be avoided by deciding on ground rules early in the life of a matter and then trying to keep to those agreements through the resolution of a matter — unless both parties agree that changed circumstances require a new approach.
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