Tarpon season in Georgetown provides a unique opportunity for us to say thank you to the lawyers with whom we share a co-counsel relationship. Tarpon is a large migratory fish that enters the warm waters of Georgetown’s Winyah Bay in the summer months – generally between June and September to spawn. Due to its regal appearance of size and color, the tarpon is nicknamed the “Silver King.” While the average size of a tarpon is 40–60 pounds, a mature tarpon can grow to 150 pounds! In South Carolina, the tarpon is a catch-and-release-only species, and while their population has grown, they are very challenging to fish to locate and even more difficult to hook and catch. It is these qualities that make a tarpon one of the most sought-after “big game” species to fish in the world.
Co-counsel relationships, as approved by the South Carolina Bar Association, often provide a distinct advantage for clients who are injured due to the negligence of someone else. Rather than paying the hourly rate for a lawyer, most people who are injured throughout the United States hire lawyers on a “contingency” basis rather than an hourly basis. This means that instead of being billed every month for the per-hour services of a lawyer, the client agrees to pay the lawyer a percentage of the recovery if and only if the case results in a settlement or a verdict in favor of the client. If the case does not result in a settlement or verdict in favor of the client, the client does not owe the attorney any fee. This model has been used throughout the United States for many decades and prevents the client from having to part with tens of thousands of dollars in retainer fees at the onset of a case.
When a client consents to a co-counsel or referral relationship, the South Carolina bar permits lawyers to team up with their colleagues in other firms to work on cases together. The lawyers agree to split the contingency fee amongst themselves, with no additional fee to the client. In this instance, the client essentially gets two (or sometimes even three) law firms for the price of one. This encourages lawyers to team up with the very best lawyers in various fields and specialties without having to hand off a long-time client to another law firm. More importantly, this allows the client to benefit from having a legal team with diverse experience.
Throughout our firm’s history, we have had the great opportunity to receive referrals from our friends and colleagues who practice law in South Carolina and its surrounding states. Some of the most fun we have had in the practice of law comes from these co-counsel relationships, as every lawyer brings a unique style to a case. In addition, jurors often respond well to hearing from lawyers on the same legal team with different perspectives on the same matter.
Tarpon season allows us the opportunity to thank many of the lawyers with whom we join on a referral and co-counsel basis throughout the year. Should you or your longtime/family lawyer have any questions about co-counsel opportunities, don’t hesitate to reach out to us for an explanation of the various opportunities to team up.