Litigation Management Agreement for the United States

Litigation Management Agreement Template for United States

A Litigation Management Agreement is a legal contract used in the United States that establishes the terms and conditions under which a litigation management firm will oversee and coordinate legal proceedings on behalf of a client. This document outlines responsibilities, reporting structures, fee arrangements, and quality standards for managing multiple litigation matters, often across different jurisdictions. It typically includes provisions for case strategy development, budget control, outside counsel selection, and performance metrics.

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What is a Litigation Management Agreement?

The Litigation Management Agreement serves as a critical document for organizations facing complex or multiple litigation matters in the United States. This contract type has become increasingly important as companies seek to streamline their legal operations and control costs while maintaining high-quality legal representation. It defines the relationship between the client and the litigation management firm, establishing clear protocols for case handling, reporting requirements, and strategic decision-making processes. The agreement typically addresses key aspects such as case assessment, budget management, counsel selection, and performance metrics, while ensuring compliance with state-specific legal requirements and professional ethics rules.

What sections should be included in a Litigation Management Agreement?

1. Parties: Identification of all parties to the agreement, including client and litigation management firm

2. Background/Recitals: Context of the agreement and general purpose of the litigation management services

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of litigation management services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Compensation structure, billing procedures, and payment terms

7. Confidentiality: Obligations regarding confidential information and attorney-client privilege

8. Standard of Care: Professional standards and quality expectations

What sections are optional to include in a Litigation Management Agreement?

1. Insurance Requirements: Professional liability insurance requirements and coverage specifications for litigation management services

2. Technology and Data Security: Requirements for handling electronic data, maintaining security, and specific technology platform usage protocols

3. Conflict Resolution: Procedures and mechanisms for handling disputes between parties, including alternative dispute resolution methods

4. Subcontracting: Terms and conditions for engaging third-party service providers and specialists in litigation management

What schedules should be included in a Litigation Management Agreement?

1. Fee Schedule: Detailed breakdown of fees, rates, and billing arrangements for litigation management services

2. Service Level Agreement: Specific performance metrics and service standards for litigation management

3. Reporting Templates: Standard formats for status reports and updates on litigation progress

4. Data Security Protocols: Detailed procedures for handling sensitive information and maintaining confidentiality

5. Staffing Plan: Key personnel and their roles in managing the litigation process

6. Communication Protocol: Guidelines for regular updates and emergency communications during litigation management

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Clauses
Industries

Professional Ethics Rules: Includes ABA Model Rules of Professional Conduct, state-specific ethics rules, professional responsibility guidelines, attorney-client privilege considerations, and confidentiality requirements

Federal Civil Procedure Rules: Encompasses Federal Rules of Civil Procedure, local court rules, and e-discovery requirements and protocols

State-Specific Laws: Covers state bar regulations, state civil procedure rules, and state-specific requirements for litigation management

Data Privacy and Security Laws: Includes HIPAA compliance for medical information, state data privacy laws, and GDPR considerations for international parties

Contract Law: Encompasses state contract law principles and Uniform Commercial Code (UCC) where applicable

Fee and Billing Regulations: Covers rules regarding attorney fees, state-specific fee arrangements, and billing guidelines and requirements

Insurance Regulations: Includes insurance company regulations, state insurance regulations, and third-party administrator regulations

Document Retention Requirements: Covers federal and state requirements for document retention and industry-specific retention requirements

Conflict of Interest Rules: Encompasses ABA guidelines on conflicts, state-specific conflict rules, and multi-jurisdictional practice rules

Electronic Communications Laws: Includes E-SIGN Act compliance, electronic communications privacy laws, and digital security requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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