4.1 Legal Referral
When the Legal Division retains you to provide services for a
particular case or matter a legal referral will be made to you. A
legal referral generally is for one matter but may encompass one or
more “legal matters.” For example, a legal referral may encompass
litigation of a particular case, assistance with a subsequent
appeal, and/or a related bankruptcy case. As stated in
Chapter 3, FDIC’s execution of an LSA with your firm does
not constitute a legal referral and is not a guarantee that you will
receive legal referrals from the FDIC.
The Legal Division reserves the right to terminate a legal referral
or legal matter for any reason, including unsatisfactory
Chapter 1, Section 1.12. In addition, you may not
subcontract any legal work referred to you without prior written
authorization of your Oversight Attorney.
4.2 Referral Letter
The referral letter identifies
the specific services requested and
the terms and conditions of the legal referral. The referral letter
incorporates several documents, including your LSA, the Deskbook and
the case/matter budget(s) which are required to be submitted by the
Outside Counsel and approved by the Legal Division. The incorporated
documents, as well as the referral letter, may be amended or
At the time the legal referral is made, you must confirm that no
material changes have occurred that affect the representations and
conflicts certifications contained in the application package
submitted to the Legal Division.
4.3 Byrd Amendment -- Legal Referrals Over $100,000
If the amount of the approved case/matter budget(s) exceeds $100,000,
you must comply with provisions of the Byrd Amendment.
Byrd Amendment requirements and applicable forms.