CritelliLawBarristers and Trial Lawyers Iowa/New York/London
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| CritelliLaw Barristers and Trial Lawyers Iowa/New York/London |
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Monday, September 12, 2005  Article of the week from Lawyers Weekly USA November 1, 2004: Law Firm Thrives With Non-Traditional Office By Abigail Klingbeil There are no corner offices at The Law Chambers of Nicholas Critelli in Des Moines, Iowa. In fact, there are no offices at all. The law firm, which is dedicated to litigation and ADR, has divided its space into function areas, such as its Studio C, a room designated for preparing pleadings and briefs. The firm's two attorneys, Nick Critelli, 60, and his son, Tré Critelli, 38, unload their keys, briefcases and other personal items on a tall desk in the corner of the library. The office manager - the only person in the firm with a designated seat - leaves phone messages and personal mail there. The Critellis work inside whichever room has the tools necessary for their current task. If Tré Critelli is preparing a PowerPoint presentation for court, he'll be in Studio A, the Digital Media Studio, which has computers, a laser printer and video equipment. If Nick Critelli is entering documents into CaseMap, a software program that helps organize cases, you'll find him in Studio B, which has four computer monitors and a bookshelf lined with reference materials. "The nature of our clientele and the nature of our services is something that really lends itself to this setup," Tré Critelli said. Which brings us to the other unique aspect of Critelli's law firm - both father and son are barristers, having passed the bar in England as well at the United States. Following the British model, in which barristers try cases and solicitors conduct pretrial discovery and pleadings, the Critelli's work almost exclusively for other lawyers, rather than directly for clients. Their role, often as local counsel for large national law firms, is to help other lawyers prepare and argue cases for trial, mediation or arbitration. This is where space mirrors function. Because the firm does not take walk-in clients, it does not need formal spaces for introductory meetings. It is more important, they say, to have all the tools at their disposal for whatever specialized piece of the litigation process they are working on at the moment. Technology is an important part of the arrangement. Each room is wired with an internal video cable network. All documents are scanned, resulting in a paperless environment. Through the Internet, the whole system can be accessed from afar. The College of Law Practice Management recently honored the law firm with a 2004 InnovAction Award. The firm won one of two awards in the "Leader Ships" category, which is sponsored by Microsoft Corp. and recognizes firms that have taken "the most innovative action toward improving their internal management or firm efficiency." A Radical Concept The Critellis believe that their setup helps their courtroom approach. They have used a no-office arrangement since they moved into new space on the 9th floor of an office building in 2001. Before constructing the current offices, the firm was in more typical law firm space, with personal offices. When they decided to move and design new offices, they asked themselves a simple question: "How can we do what we do more efficiently?" As trial attorneys and barristers, the Critellis view themselves as specialists, with specific tasks to perform for their clients. In designing the office space, they identified several tasks that require special tools and layout, and designed rooms to fulfill those needs. The setup allows for maximum efficiency, Tré Critelli said. "By having independent studios for the different tasks, it allows me to focus on the task that I am performing," he said. "For example, if I'm doing legal research, I'm in the research room. And all of my tools are there. I can shut the door, turn off the phone, have my calls held and I have the complete luxury to devote myself to that one task." The setup is also conducive to having outside attorneys spend extended periods of time in the offices, Tré Critelli said. It's a fairly common occurrence, since out-of-state law firms regularly hire the firm as local counsel for cases they are trying in Iowa. As part of its Anglo American Exchange, the Critelli firm hosts a barrister for six to eight weeks each summer to learn about the U.S. legal system. With the no-office setup, the firm can accommodate extra attorneys without having extra rooms. If two attorneys want to use the same room, they reserve blocks of time on a sign-up sheet. In addition to the studios, the Critellis incorporated a legal research room with books to help then identify legal issues. They have a production studio, with scanners, poster-makers and binding equipment. The space also has a large conference room that can be used for a number of purposes. "That has modular furniture if we want to set it up as a mock trial, courtroom," Tré Critelli said. A View From The Outside Barry Reingold, 53, a partner at Perkins Coie in Washington, D.C., worked in the law offices for several weeks last year, while preparing to try a case in Cedar Rapids, Iowa. "You walk in here and you see this is sort of like a surgeon's operating room," with specialized tools for specific tasks, Reingold said. "I've never really had those sorts of facilities available," he said. "We spent a lot of time preparing a case and doing a mock trial, and the video capability was very useful," he said. While the mock jury conferred in one room, he was able to watch them from another. Reingold said many law firms hire companies to conduct mock trials, which often take place in hotels or other outside spaces. Reingold said he also found the firm's War Room, Studio D, useful. One wall is floor-to-ceiling shelves with electronic equipment, a digital projector, televisions and VCR. Two walls of the room are made of a white material that can be written on. Lawyers literally can sketch out strategy, then erase and rewrite. "It invites a lot of visual thinking." Reingold said. "So often, lawyers just sit around an office and talk to each other. It invites you to think visually or graphically and in that sense more creatively." Reingold invoked a medical analogy again in describing how the Critellis' specialization in trial law distinguishes them from other lawyers. "Their mindset is very different - probably more like a surgeon [who is] trained to accomplish specific results, rather than an internist, who can diagnose, look at tests. It's a different set of skills," Reingold said. He said Nick Critelli, with whom he partnered as a trial lawyer for a case last year, has a "very tightly organized approach to the presentation of the case, which I think reflects a barrister's training." White Wigs And Trial Training Tré Critelli said becoming a barrister provided him with training in trial advocacy, something that few American law schools provide. He and his father, who is president of the Iowa State Bar Association, can argue cases in England, as well as the 53 British Commonwealth nations. The firm has two England-based associates. For example, during his internship - known as a pupilage in England - Tré Critelli argued a case in Gibraltar about whether women should be required to serve on juries. His team won in a 3-2 decision. Nick Critelli decided to become a barrister in the mid-1980s after attending an American Bar Association annual meeting in London. During the meeting, Critelli, who was then president of the Iowa Academy of Trial Lawyers, spent time watching a trial inside a British courtroom. "I watched these guys in wigs and robes doing what I do every day a heck of a lot better than I've ever seen anybody do it," he said. "They could do a cross-examination with style and power in 20 minutes that would take the average American six hours. When I went back I just couldn't get it out of my mind and [decided that] I had to learn how to do that. I couldn't go back into an American courtroom doing what I was used to doing after seeing that." Critelli contacted the English bar to see if he could take law classes in England. He was admitted into an English law school where he took classes over the next four years, passed his exams and was admitted into the English bar. He then began a year-long pupilage, or internship. "Law schools teach you the why of the law and the pupilages or the internships teach you the how of the law. I was in court everyday with some of the best lawyers in the world," he said. After the pupilage, Critelli returned to Des Moines, transformed by his experience. "It allows us to deal with extremely complex cases in a methodical way. It's not only the training as a barrister but also the use of technology," he said. "We've taken the training and the advocacy skills that we've been exposed to in the U.K. and the technology we have on this side [of the Atlantic] so we can handle much more complex cases quicker." He said about 60 percent of the practice's cases are a direct result of their dual qualification. They have dealt with cases involving international disputes about insurance and intellectual property. Nick Critelli said he is often called upon to give testimony in the United States as an expert witness in English law and in England as an expert in American procedure. Not For Everybody Both Tré and Nick Critelli, amateur radio operators, are technophiles. They set up the networking equipment, which they purchased at CompUSA. "Too many people have computer systems they don't understand," Tré Critelli said. The firm kept things simple by choosing a standard operating system, Windows XP, and using only Gateway computer systems. Before embarking on the project, the Critellis had considered several different designs, including one where each attorney had an office and an adjoining conference room. "What we found is if you have one desk, like most law offices, you don't have all the tools you need in your general desk area." And that's how they honed in on this function-based design. They have shown the setup to a number of other attorneys, some of whom have decided to incorporate certain aspects into their own practices. Inspired by the Critelli office, The James Law Firm PC, also in Des Moines, decided to go paperless. "We've been interested in technology to make our practice easier," said Fredrick W. James, one of the three attorneys at the firm. Another lawyer at the firm set up a document management system after conferring with Tré Critelli. "Now, when you travel to take depositions, where you used to have to take literally banker boxes of material, you can now take them on your computer," James said. "We scan every piece of mail that comes into our office - correspondence, pleadings, medical records," which are then e-mailed to their intended recipients, James said. "I don't receive paper anymore." But James doesn't have plans to adopt the office-less arrangement. "I still like coming to my traditional office. I like a place where I can have some pictures of my family and a place that I can call my own," he said. (c) Lawyers Weekly USA posted by bbk | Monday, September 12, 2005 Sunday, September 11, 2005 Consultants, Referrals and Co-Counsel Relationships Nick Critelli, JD Barrister and Attorney Des Moines, Iowa Unlike the British legal profession with two distinct divisions, solicitor and barrister, the American legal profession is “fused.” In reality, no one lawyer can know all there is to know about the law or possesses skills and talents in all areas of practice. American lawyers are quick to recognize the necessity to “bring in an expert” or to refer a case to a colleague who possesses different talents. Lawyers often seek the help of academics, retired practitioners or practitioners with special knowledge. Unfortunately, rarely are we taught how to refer the case, when to bring in the consultant or how to co-counsel or joint venture a case. For the purpose of this paper, the lawyer with the client is referred to as the “primary practitioner” and the lawyer to whom the matter is referred or whose aid is sought is called the “secondary practitioner.” Options for Help There are three methods of obtaining professional assistance: The Consult, The Referral and the Co-Counsel. In the consultant situation, a lawyer with special knowledge, experience or skill is brought IN to the existing case to assist the primary practitioner. In the referral situation, the case is sent OUT to the accepting lawyer who will handle the matter, usually to the exclusion of the primary practitioner. In a Co-counsel arrangement, the two lawyers join in joint venture to act as a team in representing the client. Each of the three arrangement are different and require different operating structure. Liability Share or Shift. The sharing or shifting of one’s professional liability is significant factor in determining which of the three relations will best benefit the client. A consultant and co-counsel relationship involves in a sharing of professional liability whereas a referral usually is manifested in a shift of liability from the primary practitioner to the secondary. Fees and Costs. Each of the three relationships involve different financial arrangements. A consultant is usually paid directly by the client for advice or speciality service rendered. In a referral, the lawyer receiving the case will be paid directly by the client . However in a co-counsel or joint venture relationship the fee may be shared. Primary practitioners are cautioned in making a referral. If they with to obtain an interest in the case so as to obtain a fee from a future recovery, they will be deemed to share liability. In this case, liability follows the fee. Client Consent. Always remember, the client must consent to all three relationships. This is important because one cannot converse with the potential consultant, referree or potential co-counsel about the case without violating the attorney-client relationship. As with all matters, “informed consent” along with a risk/benefit analysis is mandatory. Procedure. I suggest you consider the following procedure when considering adding professional help. The Referral will usually require three letters and one conference. The process starts with a discussion with the client about the need for a referral. Once the client has given the consent to investigate a referral, a Referral Check letter is sent to the prospective lawyer. The lawyers expertise and skill are confirmed, potential conflict of interests are discussed, the lawyer’s liability insurance status and limits are confirmed. Lastly, the one must determine if the lawyer has the time to devote to the case. If the primary practitioner desires to protect the client for future business, the concept of a non-competition agreement (no poach agreement) should be discussed. Next a Consent to Refer letter is drawn informing the client of the necessity for the referral, information regarding the potential lawyer, the fact that once the case is referred the primary practitioner’s duties to the client under the existing attorney-client agreement will be discharged and, most importantly, obtaining the consent of the client to make the referral. Once the consent has been obtained, the last documentation is the Referral Letter to the accepting lawyer. A summary of the case is given, all documents are transmitted and appropriate deadlines are discussed and the referring lawyer’s discharge from duties and responsibility are confirmed. Lastly, I strongly suggest that the primary practitioner accompany the client to the first conference with the new lawyer. The process used to bring in a consultant is similar. After the need for a consultant is discussed, the primary practitioner will investigate who is the best consultant for the case. A consultant check letter is crafted which asks the consultant to confirm that there is no conflict of interest, the expertise level of the practitioner, confirmation of professional liability insurance status and limits and the anticipated fees and costs of the consultant. Remember that in the consultant relationship the client will generally be paying the consultant’s fee. This fact must be disclosed to the consultant lest the consultant believe that the lawyer is paying the fee. Once the consultant has indicated a consent to accept the instructions, the primary practitioner must obtain written consent from the client to bring in and “instruct” the consultant. Consent received, primary counsel is now able is issue written “instructions” to the consultant identifying the matter and manner of the consultation, facts and issues relating to the instructions along with a statement as to how fees and costs will be billed and paid and any reporting deadlines regarding the consultant’s assignment. The Co-counsel relationship involves a discussion with the client about the necessity for bringing in an additional lawyer, costs and expenses, etc. Once the client has given consent to begin the process, it proceeds much like the other two relationships. Co-counsel is asked to confirm that there are no conflicts of interests, the level of expertise, insurance status and coverage and how the fees and costs will be allocated. The co-counsel agreement is a written agreement between all three parties: the primary practitioner, the secondary practitioner and the client. The agreement defines the duties and responsibilities of each lawyer, how fees and costs will be allocated, how disputes between counsel and client will be resolved. Furthermore, I suggest that the parties define how and when they will communicate with each other. Conclusion Speaking from the standpoint of a secondary practitioner handling litigation for primary practitioners for over thirty years, I strongly encourage primary practitioners to chose wisely. The need for and the selection of a secondary practitioner are extremely important matters and can be one of the most important decisions that can be made in a case. As my clerk, Mr. Alan Austin at 9 Stone Buildings, Lincoln’s Inn, London often says: “It’s a matter of horses for courses.” Nick Critelli, JD posted by bbk | Sunday, September 11, 2005 |
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