Co-Counsel Agreement

Legal Aid of Western Ohio, Inc., (LAWO) and
agree to jointly
represent / (client name) and act
as co-counsel in the matter of:

Each co-counsel agrees to commit appropriate time and resources to this matter and to exercise its best good faith efforts, professional skill and judgment in representing the client. Unless otherwise specified in this agreement or in a subsequent written agreement, each co-counsel agrees to pay its own travel, mailing, faxing, long distance telephone expenses, and other incidental costs of participation in this case.

The responsibilities of co-counsel in this litigation will be as follows:

1. Co-counselshall not enter into any agreement with their mutual client which is inconsistent with this agreement. Neither co-counsel shall enter into any agreement with the client without the prior consent of the other co-counsel.

2. Co-counselis aware that LAWO’s continued representation of their mutual client depends on the client’s continued eligibility for service under the regulations of the Legal Services Corporation. Co-Counsel further agrees and acknowledges that if the client becomes ineligible for representation under Legal Services Corporation regulations, LAWO will be required to withdraw if the withdrawal can be accomplished consistent with the Disciplinary Rules of the Ohio Bar.

3. LAWO may not claim, collect, or retain attorney fees except as allowed under the Civil Rules and the regulations of the Legal Services Corporation. Co-counsel will seek attorney fees only from the opposing party.

4. LAWO will be responsible for / percent of litigation expenses in this case, if the client
is unable to prepay expenses for which the client is ultimately responsible.
shall be responsible for the remaining / percent
of such reasonable and necessary litigation expenses, or other appropriate percentage of litigation expenses as agreed to in writing between LAWO and co-counsel. No litigation expenses shall be incurred without prior agreement by both LAWO and co-counsel. LAWO and co-counsel shall work together to control and limit litigation expenses.
5. Attorney / , or such other attorney(s) as
assigned shall act as lead counsel and shall assume the responsibility to direct the progress of the case and assign tasks to co-counsel. Attorney
of
or such other attorney(s) as assigned, shall serve as co-counsel.

6. LAWO attorneys and co-counsel shall keep contemporaneous written time records of all hours spent on case. Time records shall have sufficient specificity to identify date, amount of time spent, and work accomplished on each date and time entry. Upon request, each co-counsel shall provide the client with a summary of services performed and time expended.

7. Settlement may not be made without the prior consent of the client and all LAWO attorneys and co-counsel. If there is a conflict of opinion regarding settlement between the client and either LAWO or co-counsel, LAWO and eachco-counsel shall make good faith efforts to resolve the conflict. However, if such conflict cannot be resolved, neither LAWO nor co-counsel shall withdraw from representation due to dispute over terms of proposed settlement unless such withdrawal can be accomplished consistent with the Code of Professional Responsibility and the Disciplinary Rules of the Ohio Bar.

8. If other private counselor legal services providers other than LAWO or co-counsel are at any time added as additional co-counsel regarding this case, other co-counsel would share any available attorney fees based on an allocation formula to be agreed in writing between all co-counsel who may participate in the case.

9. It is agreed and understood that LAWO and co-counselaccept representation of the client in reliance on LAWO’s and co-counsel’s continued participation in the case. Should either LAWO or co-counselfor any reason be unable to continue participation in this case, however, LAWO and co-counsel agree not to withdraw from representation unless such withdrawal can be accomplished consistent with the Code of Professional Responsibility and the Disciplinary Rules of the Ohio Bar.

10. Lead counseland co-counsel will both have a substantial role in the case. Key tasks and responsibilities which shall be divided between lead counsel and co-counsel include the following:

a. Lead counsel will assign and divide responsibility for drafting all motions, briefs, and other required documents. The original drafter will provide the other co-counsel with copies of each draft version for review and comments. Said draft copies shall be exchanged between counsel via e-mail or other electronic means in Microsoft Word compatible format.

b. Responsibility for depositions will be divided and assigned after consultation and agreement between each co-counsel.

c. Lead counsel will accept the primary responsibility for the conduct of the trial and assign roles for co-counsel as appropriate. If additional co-counsel join the case at a later date, such other co-counsel also may be assigned by lead counsel to serve as lead trial counsel.

d. All counsel will keep track of hours expended. In the event that another private attorney or legal services provider not funded through the Legal Services Corporation is added as additional co-counsel, it is understood that any resulting fee-splitting agreement may require adjustment based upon time, effort, quality, and responsibility expended on behalf of the client.

Dated: / , 20 / Dated: / , 20
CO-COUNSEL / LEGAL AID OF WESTERN OHIO, INC.
By: Attorney / By: Attorney
Address / Address
City, State ZIP / City, State ZIP
Tel. / Tel.
Fax: / Fax:
e-mail: / e-mail: