When is Having Multiple Attorneys a Disadvantage? 

“Two heads are better than one,” is still true. However, governing “by committee” often amounts to horrible governing, simply from having “too many cooks in the kitchen.”

There are two main instances where having multiple lawyers can create problems.  The first involves miscommunication. The second involves the client getting few breaks from a judge, if he has numerous lawyers at his disposal for the same case.     

Let’s talk about communication first.      

 

Importance of Clear and Accurate Communication

Litigation involves many decisions requiring clear and precise communication with counsel:  mostly broadly, do we settle, or go to trial? 

But within each one of those two options is an expansive and fertile decision tree. For example, the “do we settle” question embodies numerous other fact-sensitive questions:  do we consider mediation, to assist in settlement? What evidence do we share during settlement discussions?  What info gets held back? Do we offer a certain amount?  Do we push for settlement within a certain range?  And, will the settlement involve a confidentiality clause?  Answering each one of these questions involves clear and precise communication between lawyer and client.  But there are some ways to ensure clear communication.  

Be sure to:  

• • Include the client and all lawyers on every call — via Zoom or otherwise — when key matters are being discussed, such as whether to settle or go to trial,   
  • Use an email chain that includes the client and all lawyers for that client, and 
  • Create a clear division of responsibility among the lawyers.  For example, designate one lawyer only, as the one to interact with the client and with opposing counsel, such that “local counsel” serves a peripheral role, only, which can minimize the risk of miscommunication.   

 

Getting Fewer Breaks From the Court 

What if an emergency comes up for your lawyer, such that he cannot attend your trial on the date scheduled?  Well, if he’s your only lawyer in that case, you’re likely OK.  In fact, 99.99% of judges will push back the date of trial to accommodate your sole lawyer in a case. 

But what if you have multiple lawyers?  And, what if the one most qualified to try the case for you becomes unavailable? 

There, you might have a serious problem, forcing you to attend trial without your best lawyer in attendance.  

 

KATZ et al v. PANERA BREAD COMPANY et al.  

In Katz, v. Panera Bread, the Plaintiff alleged that Panera Bread’s caffeinated lemonade caused the death of their daughter. The case made national news. Panera Bread hired both local counsel and general counsel, including one particular lawyer having extensive experience defending caffeine related cases, allegedly. When the defendant’s caffeine-expert-lawyer became unavailable for trial, as scheduled, the defendant moved to push back the date of trial.               

But the court denied Panera Bread’s motion. 

“Proceeding with trial as scheduled will not deprive defendants of qualified trial counsel. The [Defendant’s law firm) describes itself as an ‘international powerhouse’ with an ‘arsenal of complex litigation experience [and] scientific and technical knowledge’ in varied industries and practice areas.”

 

The Katz Judge Addressed the Scenario of Hiring Multiple Lawyers 

The court in Katz noted: “[a] party’s choice of counsel is typically respected. However, it cannot be used to delay and adversely affect other cases. If the chosen attorney is too busy, the party can find another competent attorney,”  especially where the Defendant had retained numerous lawyers for the same case.  

The court concluded:  

In short, Panera has not identified sufficient prejudice to warrant a second continuance of the trial date. . . Panera has not demonstrated that it will be prejudiced unless the trial is continued. It was on notice months ago that the trial would proceed and that back-up counsel were required to be ready to try the case. Rescheduling trial for a second time would interfere with the timely disposition of this case and others.”

 

Let’s Get Started!   

Contact us as your Pittsburgh lawyer for local counsel for any litigation claim or defense in Western PA.  Give us a call any time, or read other frequently asked questions right here online. 

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