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.
Steven A. Tasher is one of the nation’s leading experts on legal fee matters. He is the Chief Executive Officer of Wyatt Partners, a multi-faceted legal services company. As CEO, he serves as an expert, assessing and evaluating the reasonableness of attorneys’ fees/expenses and settlements in complex litigation in federal and state courts throughout the United States and as an advisor to major corporations and law firms on the development and implementation of billing guidelines, litigation budget and bill review programs. His entire legal career has focused around the handling and supervision of major litigation throughout the world. In addition to his duties at Wyatt Partners, Steven serves as General Counsel of Case Medical, Inc., a global pharmaceutical medical instruments company.
Before launching Wyatt Partners, Steven served as Vice President and Associate General Counsel of Wyeth and as Senior Vice President of its pharmaceutical division. His responsibilities included the supervision of five global operating departments of the company as well as supervision of the company’s major litigation.
Prior to Wyeth, he was a partner in two major international law firms, Donovan Leisure Newton & Irvine and Willkie Farr & Gallagher, an in-house counsel for the DuPont Company and Deputy Attorney General for the State of New Jersey where he handled major litigation and appellate matters and served as Chief Counsel to four cabinet officers.
Steven currently sits on the boards of several corporate, philanthropic and academic institutions and is an adjunct faculty member at the New Jersey Institute of Technology. His educational background includes a B.A. degree with honors from Rutgers University and a J.D. degree with honors from the George Washington University Law School.
Lindsay H. Tasher is a Managing Director at Wyatt Partners, where she focuses her time on attorney fee expert witness work, advisi
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.