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Finding and Managing Foreign Counsel

ISBN13: 9780851211688
ISBN: 0851211682
Published: April 1996
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

If a firm or client's transnational interests require the use of local counsel in foreign jurisdictions, this is the one work practitioners should turn to to help them find and manage lawyers in the European Union, the US and Japan. This essential management tool provides guidance on important elements in the process, such as where to look for suitable representation, what time constraints may exist, and what the unique drafting and billing issues are. Each chapter covers a separate jurisdiction and follows this outline: * structure of the legal profession * how to find a suitable lawyer * factors in choosing a lawyer * commercial arrangements when instructing counsel * treatment of foreign nationals under local law The contributors, each from a top legal firm in his or her own country, follow this outline offering the most comprehensive yet practical guidance on managing foreign counsel available to professionals For a detailed listing of law firms and chambers throughout the world, practitioners should refer to Kime's International Law Directory - it's the ideal companion.;* How to find, instruct and effectively manage counsel in foreign jurisdictions * Covers 14 countries, including the UK, US and Japan and 12 EU countries * Uses a highly-practical boilerplate outline for each jurisdiction * Provides practical and useful information which can be further researched in Kimes Direct

Public International Law
Each chapter covers a separate jurisdiction and follows this boilerplate outline: 1) Structure of legal profession 2) How to find a suitable lawyer Recommendations; Local law society or bar association; International legal periodicals; International law lists; International Bar Association and similar international societies; Advertisements; Local chambers of commerce and employers confederations; Local visits and personal interviews 3) Factors in choosing suitable representation Professional qualifications; Language ability; Type of transaction; Familiarity with US/UK contract types; Specialisation in topics; Associate offices in Brussels; Client conflicts; Rights of audience in local courts 4) Commercial arrangements when instructing counsel Time constraints/deadlines; Fee structure and retainer; Method and timing of billing; Specifying level of lawyers doing work 5) Issues of particular importance under the local law What questions to ask about local law, and when to ask them; Governing law provisions; Protection of confidential information; Concept of Force Majeure; Liquidated damages v. penalities etc; Domestic or foreign language documents; Treatment of exclusion clauses and 'unfair' contract terms; Consumer protection legislation; Exchange control and other regulatory issues; Competition law; Protection of agents and distributors; Local dispute resolution mechanisms, in court and in arbitration, mediation and conciliation