How to Hire Foreign Counsel
01 July 2006
Business executives often find the need to hire foreign counsel in today’s accelerating competitive aviation industry. Following are a few suggestions that could be helpful when deciding precisely which foreign attorney or firm to hire
Yvonne Ramos, assistant general counsel & director of governmental and community affairs, Spirit Airlines
Business executives often find the need to hire foreign counsel in today’s accelerating competitive aviation industry. Following are a few suggestions that could be helpful when deciding precisely which foreign attorney or firm to hire.
• Assess the company’s needs Determine the scope of your particular needs. In-house counsel may be able to obtain regulatory air service permits and other licences, for example, but the company may need foreign counsel to handle labour matters or litigation before national courts.
• Draw up a shortlist of candidates Identify at least three firms that meet your requirements: Is the firm large enough for your needs? Is it equipped with sufficiently specialized personnel? Recommendations can be obtained from colleagues, industry associations or contacts on the ground: including government officials. The internet is another helpful source for identifying possible firms or attorneys.
• Set up telephone interviews To save time and money, it can be advantageous to arrange preliminary telephone conversations with the shortlisted firms. Speak with the partners and other attorneys who would be assigned to the projects and discuss your various needs and expectations. Ask the foreign attorneys about their practical expertise, educational background and rates. Determine whether they already have clients with similar needs and ensure there would be no conflict of interest should you choose that particular firm or counsel. Ask if you may speak with some of their present or past clients.
• Invite a representative of the firm to visit the company Foreign counsel will often have other clients that bring him or her on occasion to your country or city. By extending an invitation for a personal follow-up meeting, you may be able to determine how interested counsel is in representing your company and pursuing the company’s interests. Additionally, other company members that may have to interact with counsel will have the opportunity to discuss their particular needs and provide valuable input.
• Make a choice Only after the due diligence has been completed, of course.
• Negotiate representation terms Make clear your expectations and discuss the particular retainer terms. At times it is more cost effective to have a set number of minimum monthly hours at a predetermined rate.
• Evaluate the arrangement By using these suggestions as a guide, you may be able to choose the appropriate counsel and the relationship will be a long and rewarding one. Experience suggests, however, that it is important to evaluate the arrangement at the end of a set time. There may be the need to modify the representation arrangement or change counsel.