Frequently Asked

Common questions, candidly answered

Direct answers to what clients typically ask before signing an engagement letter — drawn from fifteen years of first calls.

About the Firm

What kinds of matters does CaseWell handle?
We're a boutique firm built for complex, partner-led matters across M&A, intellectual property, employment, immigration, tax, and selective commercial litigation. If your matter sits outside those areas — or sits well below the complexity that justifies senior counsel — we'll tell you in the first conversation and refer you thoughtfully.
How is a boutique firm different from BigLaw?
At large firms, the work that matters most is often the work that gets delegated furthest down. At CaseWell, every matter is led by a partner who has spent two decades or more in the practice. The trade-off is that we accept fewer matters — but the ones we accept get senior judgment from intake to close.
When was the firm founded, and by whom?
2011, by Eleanor Halden and Marcus Vale. They left Davis Polk and Kirkland & Ellis to build a firm where senior counsel stayed with senior practitioners. The bench has grown from four attorneys to eight since.
What kinds of clients do you typically work with?
Three groups: founders and principals at growth-stage companies, general counsel at mid-market operating businesses, and individuals at career inflection points (executive separations, equity events, immigration). Most of our work sits in the $5M–$500M transaction range.

Engagement & Fees

How do you bill — hourly, flat fee, or something else?
Most matters are billed hourly with detailed timekeeping. Where scope is well-defined — a single transaction, a specific filing, a discrete dispute — we offer flat-fee engagements with clear in-scope and out-of-scope terms. We don't take contingency-fee work.
What does an initial consultation cost?
The first conversation is confidential and complimentary. It's for both of us to determine whether we're the right firm and you're the right client. If it's not a fit, we'll say so directly.
Will you give me an estimate before we begin?
Yes. Before any engagement letter is signed, we'll walk you through likely cost, what could change it, and how we'll communicate any shift early. Honest scoping is a principle, not a negotiation tactic.
Are retainers required?
For new engagements, generally yes. Retainers are credited against ongoing work and refunded at engagement close if unused. Existing clients with recurring matters typically work on an open-account basis.
Do you offer alternative fee arrangements?
Yes — for the right matter. We've structured fixed fees on transactions with known scope, success fees on selective sell-side M&A engagements, and capped fees for litigation with defined parameters.

Working Together

Who will actually work on my matter — a partner or an associate?
A partner leads every matter from intake to close. Associates support specific tasks (research, document preparation, due diligence), but the strategic judgment and client conversations stay with a partner. We staff lean by design.
How quickly will I hear back after an initial inquiry?
Within one business day, always. If a matter is time-sensitive — a pending filing deadline, a court appearance, a signed LOI moving fast — we prioritize accordingly and respond within hours.
Can we use your firm alongside our existing outside counsel?
Frequently. Roughly a third of our engagements involve coordinating with another firm — typically BigLaw handling a specific specialty, or a regional firm with local expertise. We coordinate cleanly and bill only for the scope we own.
What does communication typically look like during a matter?
You'll have a partner's direct phone and email. Updates arrive in plain English, not redacted memoranda. Questions get answered the same business day — usually within hours.
What if my matter becomes complicated or expands?
We communicate scope changes before they happen, not after they're billed. If a matter expands materially, you'll receive a revised scope and estimate before we proceed. No surprise invoices.

Confidentiality & Conflicts

How is my information protected from the first inquiry?
All initial communications — by phone, email, or our intake form — are treated as confidential under attorney-client privilege from first contact. Information you share is not retained, indexed, or used for marketing. If we can't take your matter, we securely destroy the intake record.
Do you handle conflict checks before agreeing to take a matter?
Yes. Every prospective engagement is run against our active and historical client database before we agree to take it. If a conflict surfaces, we'll explain the issue and, where appropriate, discuss whether a waiver is possible — or refer the matter onward if it isn't.
What happens if you can't take my matter?
We tell you directly, explain why, and recommend specific attorneys or firms better suited to the work. We've built referral relationships across the US, EU, and UK over fifteen years — and we don't accept referral fees, so recommendations are based on fit alone.
How do you handle privileged information during intake?
Until an engagement letter is signed, communications are not protected by attorney-client privilege. We strongly recommend you don't share sensitive material until we've confirmed we can take the matter. If you need to convey confidential information for evaluation, contact us first by phone to discuss the appropriate means.