You wouldn’t choose just any lawyer to represent you as lead counsel—so don’t choose just anyone to serve as your local counsel.
Spiro & Browne serves as local counsel for attorneys and clients in matters before both state and federal courts in Virginia, including both the Eastern District of Virginia (also known as the EDVA or the “rocket docket”) and the Western District of Virginia (or WDVA). We’ve served as local counsel on everything from large Chapter 11 and other bankruptcy matters to major fraud, whistleblower, and injury cases.
What does it mean to hire local counsel in a bankruptcy or related case?
When you file a claim in court, you don’t get to choose whatever court you want. Even though you might like to file in a court that’s convenient to you or one that’s most likely to rule in your favor, “forum shopping” isn’t generally permitted. Rather, the laws determine which court will hear your case.
But depending on where you live and who you know, you may want to hire a lawyer who doesn’t routinely—or ever—practice in the court where your case must be heard. In those cases, lead counsel doesn’t have a connection to the presiding court.
That’s where local counsel comes in, serving as a liaison to bridge the gap between lead counsel and the court.
In a sense, local counsel acts as a local guide. They know the ins and outs of the jurisdiction. They know the rules—both written and unwritten—of the courts and the preferences of individual judges. They have the connections and the infrastructure to quickly and conveniently file pleadings in the local court, communicate with the courts and their staff, and appear for hearings when needed.
Local counsel may be hired directly by the client or brought on board by lead counsel. If you’re the one making the selection, does it matter who you choose?
Why is your choice of local counsel important?
You may think the selection of local counsel is basically an afterthought, more like hiring a courier than selecting co-counsel.
Sometimes even the attorneys serving as local counsel act like their job doesn’t matter. They phone it in, doing the bare minimum to collect a paycheck. They file what they’re asked to file, show up when and where they’re instructed to, and say what they’re told to say.
That kind of local counsel representation isn’t good for anyone.
Lead counsel deserves an active, knowledgeable collaborator.
Local counsel shouldn’t be a mindless puppet for lead counsel to direct; they should help lead counsel to make sound strategic decisions in light of their own knowledge of the jurisdiction.
The client deserves zealous representation.
The rules governing legal ethics don’t differentiate between lead and local counsel. Each attorney on the case has the same obligation to represent their client zealously and competently.
The court deserves counsel who know the rules.
Passive local counsel also aggravate the court. Courts want to see matters meaningfully resolved on their merits—not derailed by a misunderstanding of the local rules or how those rules are likely to play out.
That’s especially true in the Eastern District of Virginia.
What’s different about the Eastern District of Virginia and why is it called the “rocket docket”?
The United States District Court for the Eastern District of Virginia (abbreviated EDVA) has long been known as “the rocket docket” because of how quickly it moves cases. Unlike other courts that may give civil litigants years (and years) to prepare for trial, the EDVA is known for speedy resolutions.
While the COVID-19 pandemic introduced delays that have temporarily slowed the gears of justice in the Eastern District of Virginia, that’s only increased the pressure to move cases along.
The judges in this court enforce discovery limits strictly, decide motions quickly, and grant continuances rarely, if at all.
Lead counsel who do not understand this are at a significant disadvantage, as are their clients. Local counsel who understand the rules, expectations, and pace of the EDVA are essential.
What does Spiro & Browne offer as local counsel in Virginia courts?
We are much more than just “appearance” counsel and a local bar number.
Rather, we serve as a knowledgeable, experienced harbor pilot who can guide your case through local waters. We have extensive resources and decades of experience with local practices and procedures. We are thoroughly familiar with the unique requirements of the rocket docket in the Eastern District of Virginia, along with the pleading rules and pitfalls in all bankruptcy courts in Virginia as well as all of the state’s trial and appellate courts.
We don’t just know the rules from reading them, either; we have personal familiarity with all of these courts and their staff, and they know our reputation.
For example, Spiro & Browne served as Virginia counsel to the relator (the “whistleblower”) on behalf of the Commonwealth of Virginia in the largest suit ever brought under the Virginia Fraud Against Taxpayers Act. The Virginia Office of the Attorney General alleged that 11 investment banks defrauded the Virginia Retirement System out of millions of dollars in a complex, lengthy case that ultimately reached a $63 million settlement.
We have served as local counsel in a variety of roles for large Chapter 11 cases. We’re proud of our ability to provide substantial guidance and value to out-of-state parties and counsel in these matters.
Ready to learn what a difference the right local counsel can make?
Call us now to schedule your free consultation or learn more about our Richmond law firm by exploring these links.
- Homepage
- Bankruptcy Proceedings and Alternatives
- Not sure whether you even need—or want—to file for bankruptcy?
- Chapter 7 bankruptcy (straight bankruptcy), the fastest and easiest form of bankruptcy
- Chapter 13 bankruptcy (wage earner bankruptcy) with a repayment plan
- Chapter 11 bankruptcy, a more complex option that may suit business owners
- Chapter 12 bankruptcy, a specialized route for family farmers and some fishermen
- Subchapter V small business reorganization
- Receivership, another option for struggling businesses
- What if you’re the creditor, not the debtor?
- Commercial Disputes and Fraud Litigation