Post by Peter Lotz, M.C.J. (NYU) Attorney, Attorney-At-Law (N.Y.) MAYRFELD Rechtsanwälte & Attorneys-At-Law

A Guide for International Legal Matters

Venturing into international business or legal matters often requires navigating the complexities of foreign legal systems. Whether you are expanding your business operations, involved in litigation, or dealing with regulatory issues, choosing the right local counsel in a foreign jurisdiction is crucial. This guide aims to provide a detailed roadmap for selecting competent and reliable local counsel to safeguard your interests effectively.

Choosing the right local counsel is not a checklist exercise – it is an art.

I still remember when I had to find my first local counsel back 20 years ago: I needed local counsel in a country not covered by my firm’s international offices. I was flying blind, doing quite some phone calls, trying to find the right fit. Eventually, I found a small, nimble team — not too large to compete with me, but seasoned enough to earn my trust. All partners were New York Bar-admitted, had polished English work product, and brought Big Law discipline to their practice. It felt like finding a familiar face in a foreign city.

That experience stuck with me. Later, a General Counsel of a Fortune 500 company for whom I was acting as local counsel called me his “eyes and ears” on the ground. That comment shaped the way I choose local counsel to this day — someone who will act as my eyes and ears in their jurisdiction. Because when you’re relying on someone to protect your client in unfamiliar territory, trust isn’t optional — it’s everything.

Choosing local counsel isn’t about ticking boxes. It’s about choosing a partner — someone who sees themselves as part of your advisory team, not just a translator of local laws. So what should you look for?

Soft skills are hard currency when dealing across borders. You need someone who’s not just technically competent but deeply professional, who meets deadlines, respects confidentiality, and never improvises when precision is required.

Loyalty is paramount. You’re not looking for someone building their own empire — you need someone who plays for your team. A good local counsel should be transparent, consistent, and committed to joint success.

It might sound old-fashioned, but I believe vigilance is a vital trait in local counsel. They should be your radar — not just flagging legal changes, but picking up on the nuances of your client’s local operations. Sometimes it’s not the big red flags, but the subtle tremors that matter most. A vigilant local counsel helps you stay ahead, not play catch-up.

Legal compliance isn’t a one-size-fits-all task. Local counsel should go beyond pointing out what doesn’t work — they should help you find what will. That takes creativity grounded in a deep understanding of both local regulations and international business expectations.

They also need cultural fluency. What’s persuasive in New York might fall flat in Tokyo. A good local counsel bridges those gaps, offering not just legal solutions, but cultural translations.

I usually look for someone who has stood in my shoes. Someone who has themselves had to rely on foreign counsel. Bi-jurisdictional education and expertise is a real plus – and it is a perfect match if your local counsel has been educated in your jurisdiction.

Communication is king and, therefore, you should ensure that your chosen counsel is fluent in both the local language and English (or your primary tongue). Your local counsel’s bi-lingual abilities are crucial since they must be able to spot issues that matter to you and communicate clearly without things getting lost in translation.

You can start with directories or embassy referrals — and that’s fine for round one. But that’s only half the journey.

Here’s my personal method, a bit homespun, but it works: I go by the “smell of the stable.” That means looking for shared roots. Someone who trained at a large international firm, someone who “speaks my language” — not just legally, but in approach and attitude. It’s about gut instinct, yes — but it’s also about shared expectations. Your milage may vary and your clients may have different needs. However, a like-minded colleague most likely will be a good fit.

Talk to peers. Ask for referrals from colleagues you trust. And once you’ve shortlisted, do your own vetting. Even when I pull a name from a directory, I always try to get a second opinion from someone I know. Boutique firms often make great partners — agile, focused, and less likely to present conflicts.

Finding local counsel doesn’t mean you step back. Quite the opposite. Your ongoing role is essential — to coordinate communications, provide background your local counsel may lack, and make sure everyone stays aligned.

Define roles clearly. Don’t assume that your local counsel sees the full picture — give them context, goals, and boundaries. And while trust is key, verify important facts yourself when necessary. A good local counsel welcomes that kind of collaboration.

It’s tempting to think your own legal system is the gold standard and everything else is just a variation. That’s a recipe for miscommunication — or worse.

Don’t fall into the trap of using local counsel as glorified translators. The real value is in their insight — their ability to spot pitfalls, propose alternatives, and ensure your client’s goals are met in a compliant way.

Costs can also become a concern. But doubling up on work isn’t the solution. Instead, focus on identifying and isolating the issues that require close local review — and trust your counsel to handle the rest efficiently.

And here’s something often overlooked: foreign legal systems can offer solutions you never considered. What might be impossible at home could be entirely feasible abroad. Approach each jurisdiction not as a challenge to overcome, but as an opportunity to innovate.

Choosing local counsel isn’t just about legal coverage. It’s about building a relationship of trust, communication, and shared goals.

I hope these reflections help you the next time you’re looking for someone to be your “eyes and ears” in a foreign jurisdiction. And if your path ever leads you to Germany, I’d be happy to show you how MAYRFELD has earned its stripes as trusted local counsel to international firms and clients.

Because in the end, every legal journey abroad starts with one thing: choosing the right companion.

This article is intended to convey general thoughts on the topic presented. It should not be relied upon as legal advice. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. References to “MAYRFELD”, “the law firm”, and “legal practice” are to one or more of the MAYRFELD members. No individual who is a partner, shareholder, employee or consultant of MAYRFELD (whether or not such individual is described as a “partner”) accepts or assumes responsibility, or has any liability, to any person in respect to this communication. Any reference to a partner or is to a member, employee or consultant with equivalent standing and qualifications of MAYRFELD. The purpose of this communication is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of MAYRFELD on the points of law discussed. You must take specific advice on any particular matter which concerns you.

For more information about MAYRFELD Rechtsanwälte PartG mbB, please visit us at www.mayrfeld.com.

About the author Peter Lotz, M.C.J. (NYU) Attorney, Attorney-At-Law (N.Y.) MAYRFELD Rechtsanwälte & Attorneys-At-Law
Peter Lotz is a partner of MAYRFELD. He has been counseling for over 20 years domestic and foreign Fortune 500 companies as well as SMEs in connection with the cross-border developemt, acquisition, licensing and commercialization of novel technologies.
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