Skip Header
U.S. flag

An official website of the United States government

Doing Business with the FDIC

Outside Counsel Deskbook

Last Updated: June 2, 2023

Referral Letter

Via Electronic Mail Only
[Enter Law Firm Name]
[Enter Firm Contact Name]
[Enter Firm Contact Email]

Subject: FDIC Referral of Legal Matter
[Enter Name of MAtter and FDIC ALIS Number]

Dear [Enter Firm Contact]

Your firm is being retained to provide legal services to the Federal Deposit Insurance Corporation (FDIC) in the matter 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 FDIC Outside Counsel Deskbook (Deskbook) as it may be amended, and any other documents enclosed or attached.

The legal services encompassed by this referral are:
[Enter brief description of referral/matter]

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 FDIC Oversight Attorney for this referral is: [Enter OA Name]
Phone: [Enter OA Phone]         Email: [Enter OA Email]

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, to discuss legal or factual issues associated with this matter, and to help resolve any questions that may arise during your representation. The Deskbook further details the role and responsibilities of the Oversight Attorney.

The FDIC requires outside counsel to submit invoices electronically on a monthly basis, unless the amount of 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 FDIC 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. 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 may significantly delay FDIC's invoice processing and payment. Absent extraordinary circumstances, the FDIC will not process invoices for fees submitted over one year from the date services are rendered. Further information is contained in the 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 the enclosed Certification or Disclosure Form, as applicable.

Next Steps: 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).

[Type Name]
[Type Position]
[Type Organization]

Enclosures (provided and applicable if checked)
__ Byrd Certification Form
__ Byrd Disclosure Form
__ Supplemental Instructions
__ Budget Forms and Instructions
__ Other

Agreed and accepted by:

Signature:__________________________ Date:_____________________________
For: [Firm Name]

Supplemental Instructions Pertaining to FDIC Legal Referral (if applicable):
[This is continuation space for optional use, if needed]