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Trial Notebook · Attorney Resource

Alabama Local Counsel: Information to Gather Before the First Call

Prepare for an Alabama local-counsel consultation with the parties, court information, deadlines, evidence, admission questions, and proposed division of responsibility.

By Everett Pepper · Updated

Start with conflicts, then exchange the file

Begin with the names of potential clients, adverse parties, related businesses, insurers, and counsel. Identify parent companies and trade names when known. Send only the information reasonably needed for the conflict review; arrange a secure transfer before sharing medical records, privileged analysis, or other sensitive material.

Build a deadline and evidence snapshot

  • Incident date, discovery dates, service dates, and any asserted filing or notice deadline.
  • Every scheduled hearing, response, discovery cutoff, expert deadline, mediation, and trial setting.
  • The source for each deadline: statute, rule, docket entry, order, agreement, or unverified assumption.
  • Evidence at risk: vehicles, video, electronic data, scene conditions, physical items, and witness recollections.
  • Preservation steps already taken, recipients, delivery records, responses, and remaining work.

Identify who remains responsible for each urgent task while the firms evaluate an association. A request for a consultation does not transfer responsibility or extend a deadline. Do not wait for a complete intake packet when evidence or a filing deadline requires immediate attention.

Make the Alabama court and case posture clear

Identify the Alabama county, court, case number, assigned judge, and whether the matter is unfiled or already in litigation. If it is a federal matter, specify the Northern, Middle, or Southern District of Alabama and the division. Include the docket and operative scheduling orders so the discussion starts with the actual procedural record.

  • Provide the complaint, amendments, service history, responsive pleadings, pending motions, and discovery already exchanged.
  • Flag disputed liability facts, potential defenses, coverage issues, and any prior settlement communications.
  • For a death claim, identify the estate proceeding and provide any representative’s appointment documents for review.
  • Explain what requires Alabama-based work: an appearance, inspection, deposition, hearing, mediation, or trial preparation.

Prepare admission information before promising an appearance

The Alabama State Bar’s pro hac vice guidance identifies Rule VII as the governing rule, requires association with Alabama local counsel, and describes a verified application. Admission is discretionary. Gather the visiting lawyer’s licensing and good-standing information and ask local counsel to confirm the current application, fees, continuing obligations, and court-specific requirements. For federal or appellate matters, the Bar directs lawyers to the clerk of the court where the case is pending.

Agree on the work, communication, and economics

Specify whether the request is for local counsel, substantial co-counsel participation, a discrete assignment, trial assistance, or a complete referral. Discuss staffing, experts, cost advances, client communications, settlement authority, and reporting expectations. Address fees and expenses under the applicable professional-conduct rules and document any required client consent and engagement terms.

A useful first-call packet

  1. Conflicts sheet: parties, related entities, insurers, counsel, and your contact information.
  2. One-page chronology: incident, treatment milestones, procedural events, and urgent dates.
  3. Key documents: operative pleadings and orders, essential evidence, and available coverage information after clearance.
  4. Scope request: what has been done, what is being worked on, and what needs to happen next—with a proposed owner for each task.

Conclude the call with an agreed next step, a responsible lawyer, and a target date. Confirm in writing whether an engagement has been accepted and who will handle work pending that decision.

Official starting points

Use the current rules, amendments, local requirements, and orders applicable to the particular matter. This intake resource does not supply a limitations calculation or a complete admission procedure.

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Contact Everett with the minimum information needed for a conflict review and a high-level description of the requested role.

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Everett Pepper and Pepper & Odom work with referring and associated counsel on complex injury and wrongful-death matters in Mississippi and Alabama.