Best Practices and Ethical Considerations When Negotiating, Drafting, and Enforcing Engagement Agreements

This program, presented by Lindsay Tasher, Samuel Tasher, and Steven Tasher of Wyatt Partners, will explore how in-house counsel can successfully master the Engagement Agreement process when hiring counsel, experts, consultants, and vendors for litigation or transactions. Our panel will guide attendees through the entire process – the necessary preparation (including the Request for Proposal ("RFP") process); the drafting process (including the incorporation of both hourly rates/fees plus any potential expenses to be incurred); and general best corporate/firm practices to maximize the benefits of what in today's legal market is the most useful first step to address and prepare for upcoming litigation or transaction. The program will particularly focus on the fundamental underpinnings of the negotiation/drafting process, Rules of Professional Conduct 1.2, 1.4, 1.5, Rule 5, and the client's obligation and responsibility to select the scope of work and the terms/conditions of payment.

Learning Objectives:

1. Examine how the Rules of Professional Conduct (particularly Rules of Professional Conduct 1.2, 1.4, 1.5, and Rule 5) apply to the Engagement Agreement Process
2. Develop best practices in determining the content of your Engagement Agreement (assessment of the matter, evaluating risks/stakes, determination of the type of counsel, experts, vendors, and consultants to hire, size/location of the firm, roles for multiple counsel, etc.)
3. Identify the best way to structure the Engagement Agreement (format and substance)
4. Review how to incorporate various stages of litigation/transaction into your Engagement Agreement
5. Incorporate language to maximize information received on budgeting and anticipated costs for your litigation/transaction
6. Discuss Miscellaneous clauses/provisions to enhance the value and effectiveness of your Engagement Agreement
7. Explain incorporation of and adherence to Outside Counsel Billing Guidelines
8. Gain helpful guidance from lessons learned and surprises encountered during the negotiation/finalization process