Considering the different co-counsel models currently available on the global legal market and understanding when each works best can help make more strategic decisions that better serve the clients’ interests.

And the first question that you should ask is:

Do You Actually Need Local Involvement?

Before choosing which type of co-counsel to engage, first determine whether your matter requires local involvement. The principal factors to consider are:

Court-Related Requirements

You typically need counsel admitted to practice in the relevant local jurisdiction for:

  • Litigation and enforcement. Parallel litigation in local courts or enforcing arbitral awards through local courts typically requires local admission.
  • Interim measures. Seeking interim measures from local courts in aid of arbitration usually requires someone admitted to local practice.
  • Seat requirements. While rare, some jurisdictions require local admission for counsel appearing in arbitrations seated there (worth verifying early).

Legal Expertise Requirements

  • Local law knowledge. Deep understanding of local statutes, case law, regulations, and how courts interpret them when local law governs substantive issues.
  • Formal legal opinions. Matters requiring formal legal opinions under local law typically need counsel qualified in that jurisdiction.
  • Court practice knowledge. Understanding how local courts operate when court proceedings intersect with your arbitration.

Arbitration and Strategic Needs

  • Arbitrator selection. Knowledge of the local arbitration community and regional ADR customs.
  • Cultural context. Understanding how arguments should be presented to arbitrators from the region and what evidence they find persuasive.
  • Legal community connections. Relationships that could facilitate settlement discussions.
  • Business and cultural insights. Understanding regional business practices and cultural factors.

Which Type of Local Involvement?

Once you have determined that your matter needs local involvement, the strategic question becomes:

Which Model Fits Your Case Best?

When you require local counsel, you do not necessarily need to engage a regional law firm. Depending on your requirements, you might be better served by an international firm’s local office, a private practice lawyer, or a combination approach.

Four Co-Counsel Models

1. Local Law Firms (In-Country)

Local law firms play an essential role in certain types of international arbitrations, but not all situations requiring local involvement necessarily call for a full-service regional firm.

When do you need an established local law firm?
  • Significant parallel litigation. If your arbitration involves substantial parallel litigation that could affect the outcome or influence your strategy, you will require a well-established regional firm with litigation experience.
  • Contested enforcement proceedings. High-stakes enforcement battles where the opposing party will vigorously resist enforcement of the arbitral award require an experienced local firm with strong litigation credentials and local court credibility.
  • Complex local law issues. When the dispute turns heavily on intricate questions of local law, those issues will be contested before the tribunal.

From a practical standpoint, it is vital to consider that in certain jurisdictions, local counsel may face governmental or commercial pressures. In addition, quality standards vary significantly across markets. On top of that, many larger local firms employ the same leverage model as international firms, which may result in substantial legal fees.

2. International Law Firms with Local Offices

International firms with established local offices offer global brand standards combined with in-country presence.

When does engaging a local office of an international law firm make sense?
  • You are already working with that firm. If an international firm handles your arbitration and has an office in the relevant jurisdiction, involving that office is a valuable option, as this provides the benefit of a single integrated team.
  • Highly confidential matters. International firms may offer institutional resources and protocols that smaller local firms cannot match.
  • Premium matters with appropriate budgets. High-stakes matters require both international standards and a genuine local presence.

It is vital to proceed thoughtfully when your arbitration counsel is one international firm, and you are considering engaging a different international firm’s local office as local counsel. While such a structure is not uncommon in high-stakes matters, it can create coordination challenges, duplication of effort, and competition over case strategy. In many cases, pairing your international arbitration counsel with either an established local firm, a regional private practice lawyer, or a boutique local law firm provides better coordination and cost-efficiency.

It is also important to remember that quality can vary even within prestigious firms. The strength of local offices often depends on factors specific to that market and that office’s history. Finally, conflicts of interest cannot be excluded given the broad client bases of international law firms.

3. Private Practice Lawyers with Local Expertise and Boutique Practices

This category encompasses two distinct models with different strengths.

  • Boutique law firms or private practice lawyers based in the local jurisdiction. They can offer specialized expertise with focused attention. When you have confidence in a particular boutique practice through trusted referrals or prior experience, this can provide excellent value.

As with any in-country counsel, depending on the jurisdiction and sensitivity of your matter, it is essential to consider potential governmental pressures and in-country business dynamics that local practitioners may face in the relevant country.

  • Private practice lawyers and boutique law firms based outside the jurisdiction: private practice lawyers who reside and practice outside the relevant jurisdiction, maintain admissions in multiple jurisdictions, and possess deep knowledge of the applicable legal system, offer a distinct value proposition. This is particularly relevant where legal professionals have relocated but retain their qualifications and expertise. For example, lawyers qualified to practice Russian law who now reside outside Russia but maintain their admission and deep knowledge of Russian legal frameworks may be your valuable Russian law expert in a dispute involving Russian parties. The same pattern exists across other CIS regions where qualified legal professionals have relocated internationally.

These practitioners bring genuine qualifications and expertise in the relevant legal system while operating independently of local pressures. They often maintain strong professional networks in their original jurisdictions while being positioned to work without country-specific constraints.

When is a formal local qualification not necessary at all?

For many international arbitrations, you may not need counsel formally admitted in the local jurisdiction, for example, in an arbitration involving Kazakhstani or Uzbekistani parties, or where you do not have parallel local litigation. What you need in this case is someone who understands regional business practices, can communicate effectively with local witnesses and experts in the relevant language, and knows how to navigate the cultural context.

In these situations, a lawyer qualified in a legal system that shares a common heritage with the relevant jurisdiction can provide valuable insights. CIS legal systems, for instance, share historical origins and retain certain common legal principles, though each country’s legal system has evolved distinctly. A practitioner with deep knowledge of one system often brings transferable understanding to related jurisdictions, particularly regarding business culture, evidentiary practices, and how arbitrators from the region approach disputes.

Due diligence and costs

Whether engaging a boutique practice or private practice lawyers, the same due diligence applies as with any choice of counsel. You need trusted referrals, a lawyer’s demonstrated experience in similar matters, and a clear understanding of the practitioner’s background to help ensure quality.

Private practice lawyers and boutique practices typically offer more cost-effective fee structures than large firms while providing senior-level attention throughout your matter. You work directly with experienced practitioners rather than through layers of associates.

4. Subject Matter Specialists (Industry/Technical Focus)

Some disputes center primarily on technical or industry-specific issues rather than jurisdictional questions.

Energy sector arbitrations, construction disputes, and intellectual property matters often benefit from counsel with deep industry expertise. However, understanding local business and commercial practices in a specific industry is equally important. Industry standards, regulatory approaches, and commercial practices can vary significantly across regions.

For example, if your industry expert tries to apply European industry practices to CIS realities, this may result in serious inaccuracies in the expert’s report and vulnerability of their findings on cross-examination. Pairing industry specialists with regional experts or finding an industry expert who understands local market realities often produces the strongest technical analysis.  

Decision Framework

Rather than choosing any particular model by default, consider these questions:

  • What legal issues drive the outcome? If your case turns on interpreting a specific provision of local law, you likely need genuine local expertise. If the dispute involves commercial obligations that could arise in any jurisdiction, the jurisdictional component may matter less.
  • What capabilities does the matter require? Formal legal opinions, witness interviews in local languages, cultural context for presenting evidence, court representation, and understanding of regional business practices. Identify actual needs to determine which model best meets them.
  • Does counsel independence matter? In some jurisdictions and for certain parties, having counsel who operates independently of local pressures may become a significant benefit. This assessment requires understanding your specific circumstances.
  • What quality standards apply? Some matters require work products matching specific institutional standards; others allow more flexibility. Understanding expectations up front helps ensure your co-counsel can deliver at the required level.
  • What does the budget allow? Budget constraints are legitimate factors in decision-making. Premium services command premium rates. Acknowledge budget limitations to identify cost-effective options that still meet quality requirements.
  • What language and cultural capabilities are needed? Matters involving non-English speaking witnesses, documents in other languages, or cases where cultural context affects credibility require genuine language and cultural competence.
Combining Models

Many sophisticated matters benefit from combining co-counsel types. A regional specialist might handle strategy and witness preparation, while a local firm provides formal legal opinions when needed. Or a subject matter expert could work alongside someone with deep knowledge of the arbitration procedures at the seat of arbitration.

The key is to be intentional about each engagement and understand how the pieces fit together.

Making Strategic Choices

The right co-counsel model depends on careful assessment of specific characteristics of your case. What legal issues drive the outcome? What expertise is genuinely necessary? What language and cultural capabilities does this case require? What quality standards must be met? What budget constraints shape the engagement?

There is no single best model for all situations. Local firms excel in specific contexts, private practice lawyers or boutique law firms in others, and international firms in yet another context. The strategic choice lies in an honest assessment of your case’s needs and matching them to the co-counsel approach that best serves your client’s interests.

Marina Akchurina has substantial knowledge and experience working with CIS jurisdictions, offering regional expertise compatible with international firm standards. For matters where this combination might be valuable, let’s discuss whether it fits your specific case needs.