Guidelines for Working With a Foreign Attorney: Part 2

Understanding Your Attorney

Ask your attorney to analyze your case, but do not expect simple answers to complex legal questions. Be sure that you understand the technical language in any contract or other legal document prepared by your attorney before you sign it.

Fees

Find out what fees the attorney charges and how the attorney expects to be paid. In some countries, fees are fixed by local law. Establish a billing schedule that meets your requirements and is acceptable to the foreign attorney. Foreign lawyers may be unaccustomed to including a description of work performed in connection with billing. Some foreign attorneys may expect to be paid in advance; some may demand payment after each action they take on your behalf and refuse to take further action until they are paid; and some may take the case on a contingency or percentage basis, collecting a prearranged percentage of moneys awarded to you by the foreign court. Request an estimate of the total hours and costs of doing the work. Be clear who will be involved in the work and the fees charged by each participant. Determine costs if other attorneys or specialists need to be consulted, such as barristers.

Method of Payment

Find out the expected means of payment (corporate check, bank check, personal check, international money order, wire transfer), and specify the currency and exchange rates (when and where applicable or feasible).

Progress Reports

Ask that your attorney keep you informed of the progress of your case according to a preestablished schedule. Remember that many foreign courts work more slowly than courts in the United States. You may, therefore, wish the attorney to send you monthly reports, even though no real developments have ensued, simply to satisfy your questions about the progress of the case. Ask what the fee will be for progress reports.

Language

Is the attorney fluent in English? This may or may not be important to you. If the foreign attorney does not speak or write in English, you can arrange for translation of correspondence.

Document Translations

If you need to provide complex or technical documents to your attorney, you may wish to consider having the documents translated into the attorney's native language. Remember that even a fundamental knowledge of English may not be enough to enable the attorney to understand technical documents you provide. Discuss with your attorney whether it is preferable to translate the documents in the United States or in the foreign country. Compare the costs.

Communication

Remember to keep your attorney informed of any new developments in your case. Tell the attorney every relevant fact in order to get the best representation of your interests. Establish how you will communicate with your foreign attorney (mail, phone, fax, e-mail).

Time

Find out how much time the attorney anticipates the case may take to complete. In some countries, the courts recess for a period of several months. In addition, even if the case is resolved, currency control laws may delay the transfer of funds awarded to you from the foreign country for an indefinite period of time. Discuss these issues with your attorney to ensure there is no confusion.

Authentication and Translation of Documents

It may be helpful for you to provide foreign authorities or your attorney with authenticated, translated copies of pertinent documents. Consult your foreign attorney before going to this expense.

Records

Consider requesting copies of all letters and documents prepared on your behalf. Inquire about the costs of mailing you such documents.

Complaints Against Foreign Attorneys

If the services of your foreign attorney prove unsatisfactory, in addition to notifying the U.S. Department of State and/or the consular section of the U.S. embassy or consulate overseas, you may address your complaints to the local foreign bar association. Information about foreign bar associations may be obtained from the U.S. embassy or consulate overseas. Foreign embassies and consulates in the United States may also have information on this subject.

Assistance of U.S. Embassies and Consulates

Should your communication with a foreign attorney prove unsatisfactory, a U.S. consular officer may, if appropriate, communicate with the attorney on your behalf. In addition, complaints against foreign attorneys whose names appear on the consular list of attorneys can result in the removal of their names from the list.

Coordination With Attorneys in the United States

Attorneys from the United States may not represent you in foreign courts unless they are admitted to practice before them. Those who have experience in international law procedure may be helpful in explaining the complex legal issues involved in your case and may be able to recommend a foreign attorney to represent you as well.