Using Law Professors and Other Qualified Counselors

We are still talking about the third area of the five areas that make up every business in the world. The third area, as you know, is "getting the work done." The other four areas are in order in which we will be discussing them, "clients" or "customers, "administration," "billing," and "collecting."

Last week we talked about the topic of getting expert consultations with individuals having superior expertise. This week we are going to follow up on that concept with the topic of law professors or other qualified counselors, cooperative agreements and work assignments.

The philosophy of my law firm has always been that the number of lawyers that I can bring to bear on a particular problem is unlimited. I have always used the local law school faculty as though they were all "of counsel" to my firm. I have often times associated other lawyers in matters I have handled. I have brought on help from every quarter when it was needed. I have never been too proud to bring in another lawyer who can help get the client's work done.

Last week I told the story to some prospective clients about utilizing a lawyer from another state to sign an opinion letter that I had prepared. I told them that I believed that particular lawyer in that particular state had much more clout than my signature showing up on the opinion letter. I advised my client to pay the other lawyer to sign the opinion letter. My client was agreeable and was more than happy to pay the lawyer to put their name on the letter. The other lawyer was equally pleased to get paid to sign the opinion letter that he agreed to do.

I have associated with law professors from the local law school in almost every imaginable area. I have used law professors in real estate matters, bankruptcy, litigation, insurance questions, business organizations, probate, estate planning, ethics, legal malpractice and almost every other area that you can imagine that you can utilize a professor's expertise in. Additionally, I have used lawyers in many other law firms both large and solo practitioners to associate with me when it was appropriate to use those other lawyers to help me get my client's legal matter handled properly.

The court rules in the state of Missouri provide that you can cooperate with other lawyers in handling your client matters and you can split fees with those other lawyers if your client agrees in writing for such additional representation. I utilize the following paragraph in every engagement letter I have with every client on every matter:

You understand that The Wirken Law Group, P.C. may be cooperating with other firms and attorneys, if appropriate, in developing, filing, and litigating any claims you may have and will be sharing fees with such firms and attorneys. Your execution of this engagement letter authorizes us to work with other firms and attorneys and to share fees with such firms and attorneys.

I often times suggest that the cooperating lawyers also get a contract with the client so that it is clear that the client has two attorneys, two law firms that owe the client a duty, and that both law firms' malpractice insurance is on the line with regard to any legal matters that we are handling for the client. As a matter of practicality, I usually bill the cooperating lawyer through my office and show them on the bill as an outside attorney expense and attach a copy of that other lawyer's bill to my bill so the client will be able to review it. Often times, since I am the generating attorney, I will have the cooperating attorney give part of their fees to me for generating the legal work.

I have always believed that it is a lawyer's obligation to try to get a client's matter handled in the most efficient manner possible with the least amount of attorneys fees expended. Also, it is important to get your client's matters handled in a timely fashion, if you need more help, you are absolutely crazy not to get it. If you were the person who generated the business, you are also crazy not to get some compensation for being able to generate the business and bringing the other lawyer into the matter to be able to handle it for your client.

I am reminded of an opportunity that I had to associate a law professor in a real estate litigation matter. We went to court to present some motions to the judge, and when the law professor and the judge began a lengthy dialogue about some rather esoteric real estate issues, it was a real pleasure to simply sit back with my arms folded across my chest and watch the dialogue. It was like bringing "the mountain to Mohammad." The judge did an excellent job of asking the right questions, and the law professor did a spectacular job of being able to answer the questions in such a way that we were able to get a very favorable result for our client. I believe the client was very impressed by the law professor and even more impressed by the fact that I was able to get the law professor to come to court with us as "co-counsel" and to be able to convince the judge that we should be able to recover in the case we were handling.

I remember another time when I utilized a law professor who had some expertise in the area of the first amendment and in defamation cases. I remember that the other side in the case trotted out not only the most experienced lawyer from one of the largest firms in our area who had substantial experience in the area of the first amendment, but also trotted out another firm from New York and another one from Chicago who represented a national network in such cases. I will never forget the response that I was able to make to them with regard to their letter saying my client and I simply did not know what we were talking about, with the fact that the local law professor who had a national reputation in this area disagreed with them and would be helping me present this case to the court. Shortly thereafter, the case settled in my client's favor.

One of the analogies I have often used with regard to the practice of law is that it is war. A famous German general by the name of Von Clausewitz, made the comment that "war is the continuation of politics by other means." I believe that litigation is just business by other means. One of the most important things to do in representing your client is to "level the playing field." Another way of saying this is to be sure that you are bringing the same amount of weaponry to the battle that your opponent is bringing. What better way to be able to be sure that you have all the weapons you need in your arsenal than to bring along a faculty member of the local law school or a very experience practitioner whose reputation proceeds themselves.

Recently I was told a story about a lawyer in my metropolitan area who simply did not believe the other side was talking him seriously. He immediately decided to associate another lawyer with him in the case, who had substantial experience in trying the kinds of lawsuits that the lawyer was handling, and who had gotten multi-million dollar verdicts in that area. Shortly thereafter, the offer of settlement increased three fold and the lawyer was able to settle the case for almost $10,000,000.00. In that case, bringing a little extra fire power to the battle made for a quickly reached settlement and a taunt.

Obviously, if you do not have a local law school, there is not going to be any way that you can utilize your local law professors. But, in this day in age of electronic communication, you simply do not have to have people sitting right there at your elbow to be able to help you in cases. If you cannot use the law professors in your own state, go to the law school that you went to and make friends with law professors who are willing to help you in your cases. You can meet lawyers through committees of bar associations. If you do not have an active bar association in your community, seek out people who have a reputation in a particular area and make a point of talking to them about being able to help you in various matters you are handling. You obviously need to be sure that after the matter is done that the client remains your client and does not become the client of the other lawyer.

I think it is a fair statement to say that in every given opportunity it made sense for me to try to associate with a law professor as another lawyer in a case with myself. I have never once passed up the opportunity. My clients liked it, the results were better, I felt more confident in handling the matter for the client and it turned out to be a win, win, win situation across the board.

Again, try it, you'll like it! The next time that something presents itself to you that gives you the opportunity to associate a law professor as another lawyer in a case with you, jump at the opportunity. Recently, I was asked by someone to represent his sister in a bankruptcy matter. I am not a bankruptcy lawyer. I do work with bankruptcy lawyers though, and I was not afraid to approach one of them to ask them whether or not they would help me in this matter. It was very easy for me to be able to handle the bankruptcy case utilizing the other lawyer's bankruptcy expertise. In that case, it turned out that the bankruptcy lawyer that I used only represents creditors. In this case, I was representing a debtor, but nonetheless since he did not have to enter his appearance in the case, he was more than happy to help us walk through the bankruptcy minefield and not look like we were searching for the bankruptcy mines with a plunger. We were able to provide our client a service for a very economical rate. Again, it was a win, win situation.

Next week we are going to talk about the basic library tools you need in your office to "get the work done." I think you will find my comments in this area very interesting. I have to admit that my attitude with most things in the practice of law is that I am a minimalist. I know you are probably scoffing at this comment because these articles seem to indicate the contrary. I am a big believer in only doing what you absolutely have to do. I am a big believer in spending only what you have to spend. I am a big believer in only having on hand what you absolutely have to have in order to get the job done. I think you will see my comments about library tools will be indicative of this minimalist approach.

Talk to you next week!

Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.