We act as local counsel in the Northern District of Texas and often use local counsel for our cases that are pending outside of Texas. Here are some things we think you should look for when selecting local counsel.
Knowledge of Your Judge’s Individual Practices and Preferences. Your local counsel should be able to act as your trusty guide in navigating both written and unwritten rules that your judge expects attorneys to follow. (A personal relationship with the judge is neither necessary nor helpful, given that none of the judges in the Northern District of Texas would let that affect him or her.) But knowing whether your judge wants courtesy copies, prefers briefs printed on two-sides, allows his or her law clerks to talk to attorneys, pre-admits exhibits at trial, is likely to grant summary judgment, is likely to sever damages from the liability phase of the trial, allows the attorneys to conduct voir dire, etc. is invaluable, and it’s not unreasonable for you to expect local counsel to know this information.
Price. Your local counsel should not break the bank, especially if you intend for local counsel to act truly as local counsel only. Your local counsel should offer, in addition to traditional hourly fee rates, alternative fee structures such as fixed monthly fees, “capped” fees, fees based on success, etc.
Availability. In today’s practice of law, it’s inevitable that you’ll need to communicate with local counsel well past the traditional close of business. For example, in the Northern District of Texas, court papers can be (and often are) filed up until midnight central time. Your local counsel should be available whenever you may need him or her, and should not hesitate to provide you with his or her cell and home phone numbers. Your local counsel should also have either knowledgeable partners or associates who can assist primary local counsel if he or she is not available.
Capability to Play Whatever Role You Need. In many cases, local counsel acts mostly as a mail drop. In other cases, local counsel acts as lead attorney in the case. Your local counsel should be prepared to play whatever role you need him or her to play, from deposition host, to briefing attorney, to local practice expert, etc. While it may be helpful to discuss the role you anticipate your local counsel playing in the case when your first retain local counsel, often times things change unexpectedly, which favors retaining local counsel who can do anything that might be required of him or her. Your local counsel should have also, in the past, substantively handled cases in the area that your case is in (e.g., patent cases, copyright cases, personal injury cases, etc.).
Adequate Local Facilities and Resources. Your local counsel should be prepared to host depositions in Dallas, have you use their facilities while you’re in town, and recommend places to stay for out-of-town counsel, clients, witnesses, etc. Local counsel should also have several recommendations for where you can set up your war room, local photocopying services, local jury consultants, local graphics experts, etc. in the event your case goes to trial and you need such services.
Knowledge of the Local Rules. Although you’ll have to review the Northern District of Texas’ Local Rules (and the Dondi opinion) when applying for pro hac vice admission, you should be able to expect your local counsel to quickly answer any question covered by the Local Rules. For example, your local counsel should be able to tell you page limits for briefs, whether you must file motions separately from briefs, when you’ll need to meet and confer with opposing counsel before filing motions, what the process is for filing documents under seal, etc. You have cases pending across the United States, and cannot be expected to remember everything about the Northern District of Texas’ Local Rules. Your can, and should, expect your local counsel to.
Knowledge of the Court’s Electronic Filing System. It’s embarrassing to have your filing rejected for non-compliance with the Court’s electronic filing rules. Your local counsel should be able to handle your e-filing needs without any issues.
Knowledge of Local Events, Juror Pool, and Significant Community Attributes. The Northern District of Texas is a unique community. Your local counsel should be on top of local events, understand the types of jurors you’re likely to get in your jury pool, and understand what the local community generally feels about a particularly issue (e.g., tort reform).
Well Respected By the Community and the Bar. Your local counsel should be active in the community, both the legal community and the general community. He or she should have a good reputation amongst opposing counsel, judges on the Northern District of Texas, and in the community more generally.