Viking Advocates is a consulting law firm. That is, all of our clients are lawyers—we do not engage litigants directly unless they are in the immediate Kansas City area or elsewhere in Missouri. We advise attorneys on the overseas elements of client relationships—in transactional work and in litigation. Viking’s worldwide network of agents and attorneys can make your path easier and your client’s situation less burdensome as you venture across national boundaries.
- Global Due Diligence. Analysis of a contract or transactional partnership at the time of drafting—with an eye toward preventing and mitigating disputes, thus reducing costs.
Not only can we spot potentially problematic language in an international contract, we can also spot what’s missing. Filling gaps often prevents more problems than striking bad language.
- Litigation Planning. Analysis of a potential claim prior to engagement—or strategic planning prior to filing a claim—with an eye toward speed, effectiveness, and cost-containment.
Perhaps you have a client with what seems to be a pretty good case, but the defendant is in Russia and has assets in China. Consult with us, and we can help you tell your client why they shouldn’t pursue a case. Or, let’s say you’ve already been retained and the client has sufficient assets to fund the litigation, but you want to map out the most cost-effective (and practical) plan of attack. We will help you chart the best course through the international minefield.
- Service of Process Abroad. Identification of options, selection of method, and timely execution.
You’ve filed the claim—now it’s time to put the defendant on notice. But notice must be served properly, or the litigation falls apart before it gets started. We make sure the T’s are crossed and the I’s are dotted.
- Foreign Evidence Compulsion. Careful crafting and dispatch of Hague Evidence requests and Letters Rogatory between the defendants’ appearance and the trial itself.
The parties appear and engage in the litigation as expected. But a significant piece of evidence sits in a file cabinet in a third party’s office in another country. If that third party is unwilling to produce, you need a court in that country to compel. We can advise you on (1) whether it’s possible/likely and (2) how to get it done.
(As of summer, 2020, we’ve suspended work in evidence compulsion– but are happy to refer inquiries to Ted Folkman at folkman.law for help.)
- Overseas Enforcement. After a case is complete, strategic planning to determine collection options.
Depending on the location of the losing defendant’s assets, it may be a waste of time and effort to seek enforcement. We can offer strategic support in pursuit of enforcement in one country or another, we can suggest alternatives, or we can provide a basis for telling the client that further efforts would be futile.
- Appellate Assistance in Transnational Issues. Simply put, the trial court may get it wrong. What then?
Appellate courts are awfully good at sorting through the arguments brought to them. But that presupposes that they see the right arguments in the first place. If the lawyers on both sides of a case are unfamiliar with doctrines of international and foreign law, the result can be disastrous. We can assist, either with brief assembly or amicus filings, and depending on locale, will appear for oral argument.