Recently, the Delaware Court of Chancery has set out what it expects from Delaware lawyers serving as co-counsel in litigation controlled by non-Delaware attorneys. The court explained: "The concept of ‘local counsel’ whose role is limited to administrative or ministerial matters has no place in the Court of Chancery. The Delaware lawyers who appear in a case are responsible to the court for the case and its presentation." This raises the related issues of what non-Delaware law firms should expect from their Delaware co-counsel in Delaware litigation and what the Delaware counsel should in turn expect from their non-Delaware co-counsel. Treating these issues openly can only help those relationships.
What to Expect from Delaware Counsel
What should Delaware counsel be expected to bring to their role as co-counsel to out-of-state firms controlling Delaware litigation? Delaware counsel should be aware that their co-counsel must answer the basic client question: "Why do I need two law firms, and if I must have Delaware counsel for litigation in Delaware, why should I also retain non-Delaware counsel?" The proper role of Delaware counsel answers this question.
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