Sooner or later, most firms take on a matter that does not stop at the border. A claim has to be served in India, a judgment enforced in the UAE, a trademark defended in the UK, or a company set up in Delaware. When that happens, you need to instruct a lawyer in another country: someone admitted where the work has to be done, on terms you can rely on, while you keep the client relationship and the responsibility that comes with it.
This guide sets out how to do that well, step by step. It is written for lawyers and law firms, and it is general information rather than legal advice on any particular jurisdiction.
When you need counsel in another jurisdiction
You usually need a lawyer admitted in the other country when the work involves:
- Court proceedings or service: issuing or defending a claim, or serving proceedings abroad.
- Enforcement: recognising and enforcing a judgment or an arbitral award where the assets are.
- Filings with a local authority: trademarks, company formation, licences or regulatory approvals. See trademark protection in foreign countries.
- Transactions: local due diligence, security, property or share transfers.
- An opinion on local law: a written answer to a defined question, for a client, a court or a counterparty.
Step 1: Define the task and the jurisdiction precisely
Most problems with foreign counsel start with a vague request. Before you approach anyone, write down the country (and, where it matters, the state, emirate or court), the outcome you need, the deadline with its time zone (for example 17:00 Dubai), the documents available and the language they are in. A short, specific brief gets you comparable proposals and fewer surprises later.
Step 2: Check who may lawfully act
Being a lawyer in a country does not always mean being able to do the task you need. Rights of audience, admission to a particular court or register, and rules on who may file with an authority vary widely. Check the lawyer against their regulator’s public register, confirm that they may act for this type of work at the level the matter needs, and ask about professional indemnity insurance.
Step 3: Run conflict and sanctions checks
Give the foreign lawyer enough information to run a proper conflict check, including the client, the opponent and other relevant parties, without disclosing more about your client than you need to. If any party, owner or intermediary may be connected with a sanctioned country or person, check the position under every sanctions regime that could apply before you go further. Our guide on what sanctions are covers the basics.
Step 4: Agree scope, fees and timing in writing
Put the terms in a letter of instruction or engagement letter before work starts. Agree:
- the scope of work, and what is excluded;
- the fee basis (fixed fee, hourly rate or a cap), the currency and when invoices are due;
- expenses and third-party costs such as court fees, translators and couriers;
- who the client of record is, and who pays;
- reporting: how often, in what format and in which language.
Some regulators restrict, or require disclosure of, referral fees and fee-sharing between lawyers. Check your own professional rules and those that apply to the lawyer you instruct.
Step 5: Keep the client relationship clear
Decide at the outset whether you remain the client’s lawyer and the foreign lawyer acts on your instructions, or whether the client instructs them directly. Make sure everyone knows how confidentiality and privilege work in both jurisdictions, and how personal data will be shared and stored.
Step 6: Manage the matter to the end
Keep one record of deadlines with time zones, of who owes what, and of every document exchanged. Agree how changes in scope are approved. Before you close the file, check that the final invoice matches the agreed terms and that originals, certificates (such as an apostille or a certificate of service) and court documents are with the right person.
Checklist: what to include in a letter of instruction to foreign counsel
- Parties, matter reference and a short summary of the facts
- The exact task, the jurisdiction and the court or authority
- Deadlines, with time zones
- Documents provided, their language and any translation needs
- Fee basis, cap, currency, expenses and invoicing details
- Conflict and sanctions confirmation
- Confidentiality, privilege and data protection
- Reporting arrangements and the main contact on each side
- Governing law and how disputes about the engagement are resolved
Common pitfalls
- Assuming the foreign lawyer may do the whole task. Check rights of audience and filing rights first.
- No written terms. An email thread is not an engagement letter.
- Unclear deadlines. A date without a time zone, or without allowing for a court recess, can be missed.
- Forgetting enforcement. A judgment is only useful where it can be enforced against assets.
- Losing the client relationship. Agree up front who speaks to the client and how.
Frequently asked questions
How do I find a lawyer in another country?
Start with recommendations from colleagues and the regulator’s public register in that country, then compare a small number of proposals against the same written brief. Lawyer networks and platforms can help you reach vetted lawyers quickly.
Do I need a written agreement with foreign counsel?
Yes. A letter of instruction or engagement letter that sets out the scope, fees, deadlines and reporting avoids most disputes and protects you and your client.
Who is responsible to the client when I instruct a foreign lawyer?
That depends on how the engagement is structured and on the professional rules that apply to you. Agree in writing whether you remain the client’s lawyer and how responsibility is shared.
Can I pay or receive a referral fee from a foreign lawyer?
It depends on the professional rules in both jurisdictions. Some restrict referral fees or require disclosure to the client, so check before you agree anything.
How LegaMart helps
LegaMart is a platform for lawyers, law firms and in-house counsel who work across borders. You can post a matter and receive proposals from vetted lawyers in the jurisdiction you need, while you remain your client’s lawyer. If you practise in a jurisdiction other firms need, LegaMart brings you matters from lawyers abroad.
