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

06 Dec , 2021

To register for the upcoming live webinar, please Click Here

This ethics program 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 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 an upcoming litigation or transaction.

The program will particularly focus on the following topics: 

• 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

• How the Rules of Professional Conduct apply to the Engagement Agreement Process

• Best practices in determining the content of your Engagement Agreement (assessment of the matter, evaluating risks/stakes, determination of type of counsel, experts, vendors, and consultants to hire, size/location of firm, roles for multiple counsel, etc.)

• Structuring the Engagement Agreement (format and substance)

• Incorporating various stages of litigation/transaction into your Engagement Agreement

• Incorporating language to maximize information received on budgeting and anticipated costs for your litigation/transaction

• Miscellaneous clauses/provisions to enhance the value and effectiveness of your Engagement Agreement

• Incorporation of and adherence to Outside Counsel Billing Guidelines

• Lessons learned and surprises encountered during the negotiation/finalization process. 

Through their widely diverse range of experience on these issues (from in-house, private practice, and fee expert perspectives), our speakers will provide insights on a topic that affects everyone in today’s legal and business market.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Using Your 'Why' To ...

This course is meant for lawyers of all levels and areas of practice, and in it, we will explore way...

Arbitration or Trial...

This program examines the scope, jurisdiction, and exceptions to the Federal Arbitration Act (FAA), ...

Year in Review – K...

2026 was a very important year when it comes to federal procurement developments, Artificial Intelli...

Key Trends In Privac...

Data privacy remains one of the most rapid areas of growth in the class action space. Plaintiffs con...

Federal Contractor B...

As the largest purchaser of goods and services in the world, the United States Government requires f...

Discovery: Practical...

This program provides a practical roadmap to mastering every stage of the discovery process in civil...

Currency Reporting i...

This program provides trial attorneys with a thorough grounding in the three principal currency repo...

Trade Secret Litigat...

This course on trade secrets litigation provides real-world best practices through all key stages of...

Exit on Your Terms: ...

Turn decades of client relationships into lasting equity. This practical CLE shows attorneys how to ...

Defense Strategies f...

Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...