Co-counsel arrangements pair firms with complementary capabilities, geographic reach, or resources. Fee division among lawyers not in the same firm requires client consent and proportionality to work or joint responsibility.
Conflicts are not imputed between separate firms.
Alternative Names:
Cocounsel, Associated Counsel
Why it Matters?
The absence of conflict imputation between separate firms is what makes co-counsel arrangements useful where one firm has a conflict that screening cannot cure. Fee division rules require written client consent in most jurisdictions and division either proportional to work performed or accompanied by joint responsibility for the representation. Failing that requirement can render the fee agreement unenforceable between the firms.
Frequently Confused with
Related terms
Frequently asked questions
Are conflicts imputed between co-counsel firms?
What do fee division rules require?
