Local Counsel

Here’s the sad rule: If it comes across your desk, then you’re responsible for it.

Period.

That’s the rule at law firms. It was my rule when I worked at a firm, and it’s the rule that I now impose on outside lawyers. Thus, when I was a partner, I did not tolerate this excuse after an associate sent me a crappy draft brief, supposedly ready to be sent to a client for review: “I know the draft is not very good. But I didn’t write it. Local counsel did.”

Yeah? So what am I supposed to do with the crappy draft? Send it to the client with a cover note explaining that we propose to file the attached terrible brief, and we should be excused from blame because local counsel wrote it? I don’t think so. If a brief crosses my desk, then it’s my brief. I’m responsible for it. It has to be good.

So, too, with you: When the brief hit your desk, you became responsible for it. The draft brief that you send to me is your best possible work product; there are no excuses.

The same thing is true in-house . . .

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