It depends on the nature of your case, the stage your litigation is at when you first approach us, and overall client objectives. Many lawyers approach us for limited, task-specific objectives such as obtaining evidence or enforcing recognition of a foreign judgment.

For lawyers who engage us earlier in the process, strategic advice on pleadings and negotiation may still be possible. See the What we Do page for more details.

You could – but why would you?

Unquestionably, adding someone to your team with an understanding of how “Jurisdiction #2” works is an essential step to achieving best results. But would your client be better served by consulting with someone who has familiarity and experience with both “home” and “away” issues?

To explain the advantage Pacific Juris provides, we often use “The Brain Analogy”. You’re the left hemisphere. While you might be able to “rewire” your half of the brain and keep the client alive, they’ll function much better with a right hemisphere too. So you consult with a foreign lawyer, well-versed in that foreign jursisdiction. You’re now a complete brain (good). But each of you understands your hemisphere only....

Because every case we take implicates two places (or more), we’re accustomed to thinking about how the laws and procedures of those places intersect. Sometimes this helps avoid client problems, while other times it helps maximize client outcomes.

Either way, Pacific Juris can help you sidestep the “unknown unknowns” that often arise in cross-border litigation. We’re like the corpus callosum – the bridge between the left and right hemispheres that helps the brain communicate better. And who wants to be walking around without a corpus callosum?

Generally speaking, we can provide tactical and procedural advice on any type of matter. If you need documentary evidence or enforcement of a subpoena, we know how to get that done. The underlying area of law is usually a secondary consideration to just getting the job done.

For strategic advice, such as assistance on pleadings, conflict of laws issues and suggestions on maximizing client value in a foreign jurisdiction – see our What We Do page for a better sense of our preferred types of cases and clients, and the types of matters on which we’ve developed unique experience. Broadly speaking, we don’t handle criminal matters or divorce/family law cases, and would recommend names of others whom we know and trust.

Anything else that falls under the broad umbrella of “civil litigation” -- feel free to give us a call. We’re assertive about turning away matters that are not in our wheelhouse, but we can offer suggestions for others who may be able to assist you.

You probably shouldn’t. Any matter that crosses your desk implicating a “foreign” connection (client, defendant, place of injury, controlling law) adds an extra layer of complexity to your client’s case.

▪ Are there ethics rules that affect my ability to negotiate with foreign parties and insurers based outside of my “home” jurisdiction? And if I am able to act prior to filing suit, do I know enough about local practices and procedures to do so effectively?

▪ Assuming I have a basis for filing suit for a foreign client/matter in my “home” jurisdiction, is that the most preferable forum for the client to bring their suit? Can we keep the case there against a challenge from the defendant? And which law or laws will apply to the critical issues arising in the case?

▪ How do I obtain liability evidence related to a foreign injury incident? Are my subpoenas and requests for documents enforceable against opposing parties and hostile witnesses? For friendly witnesses, do my authorizations and releases adequately address local procedures and privacy concerns?

▪ Are the rules related to the recovery of legal fees and litigation expenses the same as I am used to “at home”, and do changes in these rules impact the manner in which a case is developed and managed?

▪ Does my client’s case implicate foreign insurance issues (underinsurance, subrogated third-party interests, etc.) that may require me to take certain steps in the litigation I file for my client to preserve their rights and maximize their global recovery?

Addressing these and other questions early in the litigation process goes a long way to maximizing recovery – and providing peace of mind to counsel too.

For limited task-specific projects, we usually work with you on an hourly retainer. Your client remains your client – we simply assist you with a service such as enforcement of a foreign order or obtaining letters of request to receive foreign evidence. Depending on controlling law and procedure, we may be able to structure the cost of our services in a fashion that enhances your client’s ability to recover our cost, whether as attorney’s fees or litigation disbursements.

Occasionally, a client’s matter has discrete objectives to accomplish, or potential for recovery, in more than one jurisdiction. Or you might choose to engage us early, in the pre-pleading stage, for more strategic advice where an hourly retainer might not be appropriate. In such situations, and consistent with our case selection criteria on the Need a Lawyer side of our site, we’re open to discussing alternatives to the hourly retainer. Let’s discuss.

Probably not. Unlike one-off motions or applications before a foreign court, pleadings imply a level of ongoing commitment between lawyer and client. If we file pleadings on a client’s behalf in a jurisdiction where we practice, it’s because we intend to assume primary conduct of that client’s case (or a discrete component thereof) and see it through to conclusion. Because we can’t fairly evaluate the merits of a case and the reasonableness of a client’s objectives under the last-minute pressure of an impending limitations issue, our general practice is to pass on such requests.

Simply put, the earlier in the cross-border litigation process you reach out to us, the more likely we can assist you, or suggest someone else who can. We’re always open to chat – but our options to assist you may be limited if you are presenting with a last-minute emergency.