Large Firm Sophistication – Small Firm Values

Andre Springer

Delaware Counsel Services

The importance of retaining quality and knowledgable Delaware counsel in the Delaware court system cannot be overstated. Delaware courts, unlike many state courts, do not acknowledge the restricted role of "local counsel" to the extent that the role of "local counsel" is nothing more than filing papers for an out-of-state law firm who is overseeing the litigation. In particular, the Delaware Court of Chancery stresses that a Delaware attorney of record is responsible for every action taken by his or her client: “[T]he Delaware lawyer who appears in an action always remains responsible to the Court for the case and its presentation . . . .” State Line Ventures, LLC v. RBS Citizens, N.A., 2009 Del. Ch. LEXIS 233, at * 1 (Del. Ch. Dec. 2, 2009).  In granting a stipulation and proposed order for leadership in an M&A class action, the Delaware Court of Chancery further explained the role of Delaware counsel:

"Because Lead Counsel is a Delaware firm, the scope of the authority conferred on Lead Counsel is acceptable. Were Lead Counsel not a Delaware firm, then a similarly expansive list of duties for Lead Counsel would not be acceptable as it would prevent Delaware counsel from fulfilling their responsibilities as officers of the court."

In re Arthrocare Stockholder Corporation, C.A. 9313-VCL, Stipulation and [Proposed] Order for Leadership (Granted) (Mar. 7, 2014).

The attorneys at Andrews & Springer are frequently chosen as litigation and Delaware counsel due to their ability to effectively practice law. We are knowledgeable about the applicable local rules, likes and dislikes of the local judges and chancellors, and the distinct, yet important nuances of the courts. Law firms and clients who have engaged us as local counsel have found our services extremely valuable to their litigation endeavors.   Our Delaware counsel experience also includes representing clients in Delaware federal and state courts. From the most complex securities class action to the most routine business litigation, our Firm can provide high quality services to maximize results in litigation.