Many litigators have either sought or served as local counsel at least once in their careers. Litigators with national practices may work with local counsel more often than not. Those with niche practices based in specialized jurisdictions, such as Delaware business litigators, also frequently serve as local counsel to those whose primary practices are outside the jurisdiction.
For many, this situation arises when a new or long-standing client asks an attorney to work on a matter pending in a jurisdiction in which the attorney is not licensed to practice. Where the attorney’s experience qualifies her to represent the client in the matter, she may accept the representation instead of referring it to another attorney in the other jurisdiction. This would usually require the attorney to enlist counsel in the other jurisdiction to assist with the matter. The attorney usually relies on the local counsel for procedural assistance, filing responsibilities, and other seemingly mundane tasks, but has primary authority over strategic decisions and maintains direct client contact. The local counsel reviews pleadings to ensure that procedural requirements are satisfied and advises on the applicability of local rules and state law when necessary. The matter eventually concludes through settlement or at trial. The client is thrilled with the result.
