Useful Sample Co-Counsel Legal Representation Agreement

CO-COUNSEL/CROSS-BORDER COLLABORATIVE REPRESENTATION AGREEMENT

This Co-Counsel/Cross-Border Collaborative Representation Agreement is made_________day of ____________, 20__ BETWEEN _________________ (hereinafter referred to as THE FIRST PARTY) on the one hand AND__________________ (hereinafter referred to as the SECOND PARTY and CO-COUNSEL/ [CO-COUNSEL FIRM] on the other hand [with Call No./ a law firm registered in______________with registration number].

WHEREAS _____________________has/have been retained by ________________ (hereinafter referred to as THE FIRST PARTY A) on the one hand in connection with an action in suit_______________ against [________________] for the claims as set out in below in the co-counsel engagement agreement with THE SECOND PARTY as CO-COUNSEL.

Both the First Party and the Second Party are desirous of working together on the above mentioned case with the particulars as set-out above and to establish a co-counsel/cross-border collaborative representation arrangement on the basis described in this Agreement.

The First Party shall be designated as lead counsel and shall primarily be responsible for managing/directing the course and conduct of the case and ensuring that the case is properly prosecuted in a timely and professional manner.

The First Party shall reserve the right to determine the assignment of specific legal task/responsibility to the SECOND PARTY and other lawyers participating in the case as the case may be.

Both parties agree that, to the extent possible and practical, both lawyers/firms shall professionally participate in all duties and responsibilities, including the formulation of trial and non-trial strategies, preparation of pleadings and other documents, attendance at court or other tribunal hearings, participation in settlement discussions, and all other aspects in connection with the case.

The Second Party shall have primary responsibility for communicating with the client.

Both the First Party and the Second Party Co-Counsel agree to keep each other informed of all developments in the case, including communications with the client, the court or any other tribunal special or non-special, and opposing counsel to provide each other with counter-part/courtesy copies of all correspondence, originating processes/pleadings/and discovery requests and responses (exclusive of the documents produced).

The First Party and the Second Party Co-Counsel shall agree that virtual hearings/meetings will take prominence in all matters in connection with the case in the absence of compelling circumstances that may determine otherwise.

The First Party shall file pleadings without the agreement of the Second Party as to the substance and timing of the filing of the pleading.

It is hereby agreed that the names of all participating counsel shall appear on all pleadings and the principal solicitor or drafter or either party conducting the case shall sign the pleading as may be agreed before executing this agreement.

The First Party and The Second Party Co-Counsel shall be:

(i) Be solely responsible for its own actions in connection with the case in line with the Rules of Professional Conduct as applicable;

(ii) (ii) Carry out its work on the Case in compliance with applicable law, rules of court and the Rules of Professional Conduct as applicable;

(iii) (iii) manage its own professional liability issues;

(iv) (iv) Assume liabilities pay for whatever overhead costs that may be borne it administrative or otherwise such as rent, telephone calls, secretarial time or payment of salaries or stipends for associate lawyers, and para-legal staff involved in managing the conduct of the case.

The governing court rules and or directives, Legal Practitioners’ Act, and Rules of Court shall determine which party assumes any responsibility or other liability for the other’s actions including, without limitation, malpractice, unethical behavior.

Both parties shall take all necessary steps to avoid any conduct that might result in court ordered sanctions.

It is agreed that in the event that costs are assessed in connection with the case arising from the conduct of either party, it is the party responsible that shall bear the burden of the cost as the case may be.

Where the sanctions/costs resulted from decisions or conduct jointly approved by both parties, the First Party and the Second Party shall be responsible for same.

Either of the parties shall only issue any press release, website posting or other public communication about the case or this Agreement upon obtaining the consent of the other.

Both parties shall consult with each other before making comment to the media about the case if necessary.

All costs and expenses except as otherwise agreed shall be advanced and or paid by the client only if such were as a result of the action or delay on the part of the client.

It is agreed that both parties shall maintain a complete and correct records of all such costs and expenses and make them available to either party upon request for same.

Either party shall not incur any litigation expenses exceeding _________________ without approval from ___________________.

______________________ each agree to maintain a complete, detailed and actual time spent in connection with this case. Both parties shall disclose their time and expense records to the other promptly.

Both parties shall divide any counsel’s fees, costs and expenses recovered by means of a court order or settlement agreement as follows: (a) First, all costs and expenses will be reimbursed to the party that paid them.

Where the court order or settlement is insufficient to reimburse all such costs, both parties may allocate the available funds in the same proportion as the costs were incurred, unless some other allocation is specified by settlement or court order.

If in doing the above, expenses and fees recovered by settlement or court order exceed the amount to be repaid to either counsel so entitled, the balance after such payments will be reimbursed on a pro rata basis while taking into account expertise, time and effort shown and used in the case), unless some other allocation is specified by settlement or court order.

It is hereby agreed that either party shall donate any lawyer or counsel’s fees awarded or attributed to either party after all case expenses or fees have been reimbursed in accordance where applicable.

This Agreement shall be the entire agreement between both parties relating to representation of the client in this case and supersedes prior or contemporaneous written and oral agreements, negotiations, correspondence, course of dealing and communications between both parties relating to the same subject matter.

This Agreement shall be amended only as stated in a writing signed by both parties which recites that it is an amendment to this Agreement.

Where it is discovered that any provision in or part of this Agreement is held to be invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision shall be considered modified so that it is valid and enforceable to the maximum extent permitted by the applicable laws regulating the Agreement.

Any waiver under this Agreement shall be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement shall not be considered a waiver of any later breach or of the right to enforce any provision of this Agreement.

This Agreement shall be determined at the conclusion of the case.

Either party may withdraw from representation prior to the conclusion of the case, provided that such withdrawal is consistent with the Agreement, the Rules of Court and Rules of Professional Conduct as applicable.

It is agreed that consequent upon the termination of the Co-Counsel/Cross-Border Collaborative Representation Agreement, the originals of all documents will be forwarded to, and will remain with the First Party, unless the client instructs otherwise.

Signed this __________________ day of _________________as set out in the first paragraph by

Name: _____________________________

Name: _____________________________

IN THE PRESENCE OF THE WITNESSES HEREUNDER BOTH BEING PRESENT AT THE SAME TIME:

NAME: ________________________

ADDRESS:_____________________ ______________

_____________________________ SIGNATURE

OCCUPATION:__________________

NAME: ________________________

ADDRESS:_____________________ ______________

_____________________________ SIGNATURE

OCCUPATION:__________________

P R E P A R E D B Y: