[DATE]
[ATTORNEY]
[FIRM]
[ADDRESS]
[CITY/STATE/ZIP]
Re: [INSTITUTION NAME/FIN]
[ASSET/CASE NAME]
[LMIS NUMBER(S)]
Dear
[ATTORNEY]:
Your firm is being retained to provide legal services to the Federal
Deposit Insurance Corporation (“FDIC”) in the matter [or matters]
referenced above. This referral to your firm is subject to the
provisions of the Legal Services Agreement (“LSA”) between your firm and
the FDIC, the Outside Counsel Deskbook (“Deskbook”), as it may be
amended as well as the documents enclosed herein.
The legal services encompassed by this referral are [Brief
description of services and effective date to begin work].
[Include a paragraph about your section/office’s instructions for
submission of budgets and incorporation of approved budget in the
referral letter.] Your firm must have an approved budget in place
before invoices can be paid. Please refer to the section in the Deskbook
regarding the FDIC Legal Research Bank before commencing any legal
research.
The Oversight Attorney for this referral is _____________, [phone
number]. The Oversight Attorney is responsible for managing the
progress and resolution of this matter. The Oversight Attorney is
available to provide assistance concerning FDIC special powers and
significant issues of the FDIC, to discuss legal or factual issues
associated with this matter, and to help resolve any questions that may
arise during your representation. The Deskbook previously provided to
your firm details the role and responsibilities of the Oversight
Attorney. [See also the attached supplemental memorandum from the
__________ Section.]
The FDIC requires outside counsel to submit invoices on a monthly
basis unless the amount (fees and expenses) to be invoiced is less than
$500. If the amount is less than $500, outside counsel may submit its
invoices on a quarterly basis. Invoices for fees and expenses should be
submitted within 30 days from the last date in outside counsel’s billing
period. The Legal Division recognizes that firms may experience delays
receiving invoices and supporting documentation for expenses to be
included in the firm’s invoice to the FDIC. Therefore, invoices for such
expenses should be submitted within 60 days from the last date in
outside counsel’s billing period. At the conclusion or termination of
this referral or any matter under this referral, outside counsel should
submit its final invoice for fees and expenses within 90 days of
conclusion or termination of the referral or matter. Failure to submit
invoices in a timely manner as set forth above may significantly delay
FDIC’s invoice processing and payment. Absent extraordinary
circumstances, FDIC will not process invoices for fees submitted over
one year from the date services are rendered. Further information is
contained in the Outside Counsel Deskbook.
In the event the total fees and expenses for this referral are
expected to exceed $100,000, outside counsel must comply with the
provisions of the Byrd Amendment and complete either the enclosed
Certification or Disclosure Form, as applicable.
Please confirm acceptance of this referral by returning a
counter-signed copy of this letter to me. Your acceptance also
constitutes your certification that your firm has conducted an
appropriate inquiry and that you have found no conflicts of interest in
connection with representation of the FDIC on this matter (or that such
conflicts have been waived by the FDIC Outside Counsel Conflicts
Committee or Regional Counsel as appropriate).