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Co-Counsel Agreement

For two or more attorneys or firms collaborating on a case - covers work division, fees, and liability.

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What's included

Parties and Matter Identification

Identifies each attorney or firm, the client, and the specific legal matter covered by the co-counsel relationship.

Scope of Representation

Defines the legal services to be performed, any exclusions, and the limits of each counsel's authority.

Division of Work and Responsibilities

Allocates responsibilities for pleadings, discovery, appearances, client communications, strategy, staffing, and case management.

Fee Sharing and Payment

Sets out the agreed fee split, payment timing, settlement or recovery allocation, and required compliance with professional conduct rules.

Costs, Expenses, and Reimbursement

Addresses litigation cost advances, approval requirements, accounting, reimbursement, and responsibility for unpaid expenses.

Confidentiality and Privilege

Requires protection of client confidences, privileged material, work product, and confidential case information.

Conflicts, Ethics Compliance, and Malpractice Coverage

Requires conflict checks, client consent where applicable, compliance with ethics rules, and maintenance of professional liability insurance.

Termination and Withdrawal

Explains how either counsel may terminate participation, withdraw where permitted, protect the client's interests, and resolve fees and files upon termination.

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Frequently asked questions

What is a co-counsel agreement?
A co-counsel agreement is a contract between attorneys or law firms that collaborate on a client matter. It defines each lawyer's role, fee arrangement, expense obligations, ethical responsibilities, and risk allocation.
Does a co-counsel agreement need client consent?
Client consent is often required when attorneys from different firms share fees or jointly represent a client. The agreement should require compliance with applicable professional conduct rules and written client consent where necessary.
How should fees be divided between co-counsel?
Fees may be divided based on agreed percentages, work performed, responsibility assumed, or another lawful arrangement. The fee split should be clearly stated and must comply with the governing jurisdiction's ethics rules.
Should malpractice insurance be addressed?
Yes. A co-counsel agreement should state whether each attorney or firm must maintain professional liability insurance, specify minimum coverage levels, and address responsibility for claims arising from each party's conduct.

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Templates/Co-Counsel Agreement