A strict position taken regarding changes of staff on matters; one month’s notice and absorbs five days of costs

I signed a consulting agreement this week that had strong language about consistent staffing. This was not, I repeat, from any guideline for outside counsel, but it does suggest a level of control that some general counsel might impose on their primary law firms.

“Any removal or reassignment by [Law Firm] of those of its employees assigned to perform services hereunder must be with one (1) month’s prior written notice to [Company] and with [Company’s] prior written consent. Unless otherwise agreed to in writing by [Company], [Law Firm] shall not remove or replace personnel provided hereunder. There will be no charge to [Company] for any replacement provided in accordance with the above paragraphs while the replacement employee acquires the necessary orientation which shall not exceed five (5) working days.”

This stringency will not work as stated for large law firms with many associates and paralegals eligible to work on a major matter. One’s month’s notice and replacement costs might apply to those few who are assigned virtually full time.

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