We routinely collaborate with other private practice attorneys on matters that fall outside of their area of expertise or practice focus to jointly deliver a higher level of client service. Our co-counsel procedure is simple, ethically compliant, keeps you in the loop, and ensures prompt payment upon conclusion of a predefined scope of work.
Our expertise lies at the cross-section of corporate, securities, and tax: taking a collaborative approach as co-counsel in the earliest stages of formation, whether for real estate and opportunity zone syndications or private funds. Our process begins with a free 30 minute introductory call to assess the client’s business objectives. If we determine that we can be of service, then we will deliver a no-obligation written scope of work proposal, fee estimate, and co-counsel fee division to all parties for full transparency. Upon acceptance, we will prepare and deliver our co-counsel engagement letter that confirms our respective roles and responsibilities as co-counsel and your fee division.
The ethical rules of most states authorize lawyers who are not in the same firm to divide reasonable legal fees with written client approval if the division is proportionate to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation and agrees to be available for consultation with the client.
Ohio Rules of Professional Conduct, Rule 1.5 states:
(e) Lawyers who are not in the same firm may divide fees only if all of the following apply:
(1) the division of fees is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation and agrees to be available for consultation with the client;
(2) the client has given written consent after full disclosure of the identity of each lawyer, that the fees will be divided, and that the division of fees will be in proportion to the services to be performed by each lawyer or that each lawyer will assume joint responsibility for the representation;
(3) except where court approval of the fee division is obtained, the written closing statement in a case involving a contingent fee shall be signed by the client and each lawyer and shall comply with the terms of division (c)(2) of this rule;
(4) the total fee is reasonable.
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