Complex Matters Require Team Expertise.
Shared Representation. Defined Roles. Clear Fee Allocation.
When a matter benefits from both general practice counsel AND specialized Texas oil & gas expertise, collaborative representation with clearly defined responsibilities and transparent fee arrangements.
True Partnership
Joint attorney-client relationship with coordinated strategy
Defined in Writing
Roles, responsibilities, and fees documented upfront
You Lead, We Support
You're primary counsel, we handle Texas oil & gas/property components
No Hidden Agendas
We reinforce your role, never undermine or compete
WHEN COLLABORATIVE REPRESENTATION MAKES SENSE
You might be thinking: “Why complicate things with co-counsel instead of just referring the matter or using project-based services?”
Fair question. Here’s when the team approach genuinely serves the client better.
Matter Types That Benefit from Collaboration
High-Value Estates with Significant Producing Minerals:
Why collaborative works: You handle probate proceedings, estate administration, and beneficiary relations. We handle mineral asset evaluation, production coordination, title work, and distribution strategies for mineral interests.
Client benefit: Seamless coordination between estate administration and mineral asset management. No handoff confusion or duplicated work.
Example scope division:
You: Probate filings, court appearances, creditor management, estate tax returns
Us: Mineral title examination, production verification, division orders, mineral deeds to heirs
Real Estate and Oil & Gas Transactions:
Why collaborative works: You handle purchase agreement negotiation, general due diligence, and closing coordination. We handle active lease analysis, operator coordination, and mineral rights implications.
Client benefit: Transaction expertise combined with specialized understanding of how existing O&G operations affect property value and buyer's rights.
Example scope division:
You: Purchase contract, title insurance coordination, closing mechanics
Us: Lease impact analysis, operator communication, surface use agreement review
Multi-Party Mineral Development Situations:
Why collaborative works: You handle entity formation, operating agreements, and partner relations. We handle lease negotiations, title assembly, and operator interactions.
Client benefit: Business structure expertise combined with mineral development knowledge.
Example scope division:
You: LLC formation, operating agreement, partner disputes, governance
Us: Mineral acquisition, lease negotiation, operator selection, development strategy
HOW COLLABORATIVE REPRESENTATION PROTECTS YOUR LEADERSHIP
Even in collaborative arrangements, we actively position you as lead counsel and primary client contact.
You're Positioned as Team Leader
In client meetings
We defer to you for strategic decisions outside our oil & gas/property expertise.
In written communications
We copy you first, use language like "in coordination with My Attorney.
In strategy discussions
We provide oil & gas/property technical input, you make final client-facing decisions
Client sees you as
The attorney who assembled the right team and maintains oversight
We Support, Never Undermine
When clients ask questions outside our scope:
"That's a question for your Attorney. They're leading this matter. We're here specifically for the Texas oil & gas components."
When strategy decisions arise:
We provide oil & gas analysis and recommendations to YOU first. You decide how to present options to client.
In public communications:
We emphasize your role: "Working with your name, we're handling the mineral rights aspects of this estate."
At matter completion:
Credit goes to the team YOU assembled, not to us as separate heroes.
HOW COLLABORATIVE ARRANGEMENTS WORK
Written Co-Counsel Agreement (Required)
Before engaging with the client, we create a written agreement defining:
Scope Division:
Communication Protocol:
Who communicates what to client, how we coordinate
Fee Allocation:
How fees are divided based on anticipated work and value
Billing Method:
You allocate the fee based on work performed. We bill you directly. You bill your client under your arrangement.
Dispute Resolution:
How we handle any disagreements about strategy or approach
Client Disclosure:
Exactly how we explain the arrangement to client
This protects everyone: You, us, and the client all
have clear expectations.
Client Disclosure
(Transparent)
We don’t hide the collaborative arrangement from clients. They deserve to know how their legal team is structured.
Typical disclosure language: “Attorney [Name] will serve as lead counsel for your [estate/transaction/dispute]. The Daughtrey Law Firm will handle the specialized Texas oil & gas and mineral rights components. We’ll work as a coordinated team with clearly defined responsibilities to ensure you receive both comprehensive representation and specialized expertise where it matters most.”
Fee disclosure: “Your legal fees will be [jointly billed / separately billed]. [Name] will charge [rate/fee] for [scope]. Daughtrey Law will charge [rate/fee] for [scope]. This allocation is based on anticipated work division and has been agreed upon to provide you the best value for comprehensive representation.”
Coordination Process
Kickoff Meeting:
Joint call or meeting with client to introduce team, explain roles, answer questions
Regular Attorney-to-Attorney Check-ins:
Weekly or bi-weekly calls to coordinate strategy, share updates, identify issues
Shared Document Access:
Both firms access relevant documents and communications (with client permission)
Coordinated Client Communications:
We discuss significant client communications before sending to ensure alignment
Strategic Decision Coordination:
Before major decisions, we confer to ensure O&G implications align with overall strategy
This isn’t just two firms working separately. It’s genuine collaboration with regular communication.
FEE ALLOCATION APPROACHES
Work-Based Allocation
How it works: Divide fees based on anticipated percentage of work
Example: You estimate 60% of work, we estimate 40% of work
Allocation: You receive 60% of total fee, we receive 40%
Best for: Matters with relatively predictable scope division
Hourly with Allocation Cap
How it works: Each firm bills hourly but with maximum allocation percentages
Example: Joint estimated fee of $50,000
Allocation: You can bill up to $30,000 (60%), we can bill up to $20,000 (40%)
Best for: Matters where work division is less predictable but cap provides client cost certainty
Separate Hourly (Disclosed)
How it works: Each firm bills client directly for their work at their rates
Example: You bill at your rates for your scope, we bill at our rates for our scope
Client receives: Two separate invoices with clear scope descriptions
Best for: Clients who prefer transparency of exactly who did what work
All Approaches Require:
- Written agreement between firms BEFORE client engagement
- Full disclosure to client of arrangement
- Bar compliance with fee-splitting rules
- No fee allocation based solely on referral (must be based on work)
COMMON QUESTIONS ABOUT COLLABORATIVE REPRESENTATION
Isn't this more complicated than just referring the matter?
Yes, it requires more coordination. That’s why we reserve it for matters where the team approach genuinely adds value.
Simple matters: Use full referral or project-based instead
Complex matters where both practices add substantial value: Collaborative makes sense
What if we disagree on strategy?
We discuss it. In 10+ years of practice, disagreements are rare when roles are clearly defined.
Our philosophy: You’re the lead attorney. On matters outside our Oil &Gas/property expertise, we defer to your judgment. On Oil & Gas/property matters, we provide strong recommendations but explain our reasoning so you can make informed decisions with your client.
Ultimate decision: Because you’re lead counsel, when client must choose between approaches, you guide that conversation.
How do we handle it if the client later wants to hire us directly?
Same as full referral: We contact you first and involve you in the conversation.
Your client first hired YOU. Even in collaborative arrangements, we view you as the primary attorney relationship. If they later need Oil & Gas services, we discuss with you whether to handle separately or maintain the team approach.
What if my client can't afford two attorneys?
Then collaborative probably isn’t the right approach. Consider:
Full referral: If it’s primarily an O&G matter
Project-based: If you can handle most of it with specific deliverables from us
Your solo representation: With attorney consultation from us as needed
Collaborative works best for high-value, complex matters where the client benefits enough from the team approach to justify the coordination costs.
GETTING STARTED
Evaluating if Collaborative Makes Sense
Not every matter needs co-counsel. Before proposing collaborative representation, consider:
✓ Matter value: Generally $100K+ in dispute/at stake
✓ Complexity: Requires both practice areas substantially
✓ Timeline: Matters extending 3-6+ months benefit most from coordination
✓ Client sophistication: Client understands value of specialized team approach
If you’re unsure whether the matter justifies collaborative representation, call us. We can discuss whether co-counsel, full referral, or project-based services makes most sense.