How to Handle Communications on a Multi-Firm Team

The idea of a “virtual law firm” was born years before the COVID-19 pandemic. It did not always refer to lawyers working remotely but rather to the all-too-common situation where multiple firms come together on behalf of one client to defend them in litigation. For corporate clients navigating some of the largest litigations this century, it is necessary to have multiple firms, often handling specific defined tasks or workstreams, managing a litigation. This is particularly true where damages are often alleged in the billions, suits are brought in multiple districts, and thousands of plaintiffs are in queue for their day in court. Accordingly, attorneys are likely to find themselves in situations where they must coordinate, communicate, and cooperate with attorneys and staff at a different firm at some point in their careers. This is especially so for attorneys who work in mass torts or product liability, who often find that their cases are extensive both in geography and in numbers. Throughout my career, I have found that in many ways, working relationships and communications between the key players from various firms in any given litigation are the key to efficiently and effectively representing your client.

With as many as 400,000 plaintiffs, the silicone gel breast implant litigation was one of the first to utilize this type of multi-firm litigation. Since then, the model has evolved and can be tailored to specific cases irrespective of the needs or size of the litigation. Typically, the model will be structured around particular sets of attorneys with unique specializations, whether coordinating counsel, case work-up, discovery, trial counsel, appellate counsel, legal issues, expert work, or otherwise. For example, Firm A may have a team that has proven adept at analyzing discovery and zeroing in on hot documents, while Firm B has a renowned trial attorney known for defending these types of cases. In that case, a client may want to hire each firm to handle their respective forte.

Fundamentals of Communication in the Virtual Law Firm

The success of this structure depends upon clear and continuous communications throughout the team—the virtual law firm must operate as just that: one team. Firms must commit to working closely together to ensure that case theories and defense themes are consistently articulated. Thus, it is important to establish regular communications between firms on the many issues that are simultaneously being worked up, negotiated, and readied for court. So, for the savvy young lawyer, intentionally positioning yourself as a communication hub between firms and developing internal and external relationships can create opportunities to stand out as a critical player on the litigation team. Coming into the virtual law firm, you should make an effort to:

• introduce yourself;
• keep a running checklist of the workstreams each firm is responsible for;
• provide clear and consistent communication at regular intervals (allowing the matter at hand to determine the frequency);
• circulate an agenda prior to calls so others can add their important items for discussion and then be the leader in running through that agenda when the meetings occur;
• provide updates more often than asked, and ask for updates in response;
• offer assistance to other firms where possible;
• pass along gratitude for others’ hard work and make note of particularly difficult or thankless tasks that others handle;
• do whatever possible to prepare other firms for success when requesting they handle certain tasks—whether that be providing a template or offering to send key materials;
• offer to sit in on meetings and witness preparation, and read drafts of briefs and arguments even when your team is not the principal contributor;
• anticipate team needs and create documents that compile critical information for easy cross-firm access to information; and
• where possible, talk to others rather than simply emailing.

Because of the already existing strength of relationships within firms, it is easy for a firm to silo itself, focusing only on its specifically assigned projects and then scheduling, planning, and meeting only with their team from their own firm. This approach leaves the inter-firm team dynamic by the wayside and neglects coordination with ongoing issues and projects, which is a mistake. But with so many moving pieces in a trial, it is easy for partners and associates alike to become inundated with open workstreams and lose focus on continued inter-firm communications.

Benefits of Multi-Firm Collaboration

Effective collaboration offers the client diverse perspectives, leading to improved outcomes. Regular communication allows for the spread of new ideas and the ability to build off one another to create original and innovative approaches and solutions. Teams can be constructed with attorneys of varying ages, backgrounds, and work styles. This combination allows for exposure to unique methods, knowledge bases, and empathies.

Indeed, in an inter-firm team, substantive knowledge is greatly increased with a larger pool of experiences and history to draw from. This often improves the value of outcomes and permits virtual law firms to uniquely maximize the knowledge base of hundreds of attorneys who would not be combining assets otherwise. Relationships across firms additionally allow for increased productivity as large tasks become more manageable, and they can be broken down and spread out across multiple attorneys with varying expertise. Having the support of multiple law firms allows for increased resources in administration, legal support, staff support, and more.

Professional Incentives for New Lawyers

In addition to positioning yourself as a key member of your own firm’s team, as a young lawyer holding the key to the communications between firms, this allows you to foster important relationships in other firms. Developing such relationships can become crucial later in your career, as networking creates opportunities and business. One mass tort litigation may present the opportunity for you to establish your reputation across multiple firms with more senior lawyers who may, in turn, become important business contacts in the future. For example, connections made on an inter-firm litigation team may refer cases to you and your firm in the future, become clients themselves in subsequent in-house attorney roles, or present opportunities for future positions for you as the young attorney.

Establishing Relationships Is Key

The key takeaway is this: When presented with the opportunity to participate in an extensive litigation with a client availing themselves of the virtual law firm model, establish relationships and a clear line of communication with the key players in the other firms early on. Just as important as these tips, suggest getting coffee or drinks and learning about co-counsel. This assists in both deepening relationships and keeping them in front of mind. This consistent outreach will give you a more in-depth understanding of the matter and function as a crucial stakeholder in major litigations, even early on in your career.