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Outside Counsel Deskbook
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Chapters

  1. Representing the FDIC
  2. Conflicts of Interest
  3. Legal Services Agreement
  4. Legal Referral
  5. Case Management
  6. Case Plan and Budget
  7. Invoice Package
  8. Legal Matter Closeout
  9. Post-Representation
      Responsibilities
 10. Foreign Laws Firms
Appendices
  1. Contacts
  2. Statutory Compliance
  3. Electronic Billing / Timekeeping
     
  4. Legal Services -
    Delegations of Authority
  1. Litigation & Resolutions Branch
  2. Corporate Operations Branch
  3. Supervision Branch
  4. Consumer & Legislation Branch

Legal Referral

4.1 Legal Referral
When the Legal Division retains you to provide services for a particular case or matter a legal referral will be made to you. A legal referral generally is for one matter but may encompass one or more “legal matters.” For example, a legal referral may encompass litigation of a particular case, assistance with a subsequent appeal, and/or a related bankruptcy case. As stated in Chapter 3, FDIC’s execution of an LSA with your firm does not constitute a legal referral and is not a guarantee that you will receive legal referrals from the FDIC.

The Legal Division reserves the right to terminate a legal referral or legal matter for any reason, including unsatisfactory performance. Refer to Chapter 1, Section 1.12. In addition, you may not subcontract any legal work referred to you without prior written authorization of your Oversight Attorney.

4.2 Referral Letter
The referral letter identifies the specific services requested and the terms and conditions of the legal referral. The referral letter incorporates several documents, including your LSA, the Deskbook and the case/matter budget(s) which are required to be submitted by the Outside Counsel and approved by the Legal Division. The incorporated documents, as well as the referral letter, may be amended or modified.

At the time the legal referral is made, you must confirm that no material changes have occurred that affect the representations and conflicts certifications contained in the application package submitted to the Legal Division.

4.3 Byrd Amendment -- Legal Referrals Over $100,000
If the amount of the approved case/matter budget(s) exceeds $100,000, you must comply with provisions of the Byrd Amendment. See the Byrd Amendment requirements and applicable forms.

4.4 Legal Division Participation
When making a legal referral, the Legal Division reserves the right to participate in or to assume complete responsibility for any matter referred to you. This may include providing you with prior briefs and research, or staffing a matter jointly with you.

4.5 Selection of Outside Counsel
The Legal Division attempts to select Outside Counsel on a competitive basis whenever possible. When retaining Outside Counsel to perform legal services, the Legal Division considers several factors, including:

  • The experience of Outside Counsel in the type of legal work required to be performed.
     
  • The geographic location of Outside Counsel.
     
  • The capacity of Outside Counsel to handle the anticipated volume of work.
     
  • Whether the fees or rates proposed by Outside Counsel are competitive in comparison to other firms’ rates. Whether the proposed rates reflect discounts.
     
  • Whether FDIC payments to the firm exceed or are approaching the limits the FDIC has established for eligibility to receive new referrals.
     
  • Whether provision of legal services by Outside Counsel would constitute or give rise to an actual or potential conflict of interest or the appearance of a conflict of interest. Refer to Chapter 2.
     
  • Whether the firm has a reputation for competence, integrity, cost effectiveness and cooperativeness.

 



Last Updated 05/20/2005 legal@fdic.gov