Best Practices For The Inside-Outside Counsel Working Relationship

1. Be The Mediator

Act as an intermediary so that you can identify red-flag inventors early on. This will help decrease the likelihood of any surprises later during litigation.

2. Hire Smart

Make sure your outside counsel has immersed themselves in case law and understands how it impacts your business specifically.

3. Keep Your Options Open

Hire outside counsel that fits the particular needs of your case. Be wary of attaching yourself to one firm for all of your IP needs.

4. Consider The Common-Interest Rule

Joint defense groups are losing their stigma. However, in order to achieve a successful outcome with this approach, make sure that you have complete cooperation among defendants prior to litigation.