Co-Operative General Counsel Program (Distributors)

The Chiafullo Group, LLP (“the Group”) specializes in firearms litigation and offers a dynamic, “outside the box” approach to firearms-specific legal representation of more than one firearms distributor at a fraction of the normal cost through its Co-Operative General Counsel Services Program (“the Program”). 

As part of the Program, each distributor agrees in advance to permit the Group to serve as Outside General Counsel to it and other firearms distributors simultaneously, while only compensating the Group commensurate with the fixed fee it would earn to represent one distributor alone.  To accomplish this, the Group would apportion its time and costs on a pro-rata basis among the distributors participating in the Program.  This arrangement permits one distributor to pay for and otherwise have “just the right amount of” access to firearms conversant counsel, while continuing to use local attorneys to address simple contract issues, real estate needs, employment problems, and other location-specific legal matters.

The Program includes a yearly audit of the participating distributors’ then-current business and operational practices, evaluating each distributor for its potential exposure to liability.  The Group’s attorney-client privileged post-mortem report of the audit provides cutting-edge litigation avoidance techniques, as well as proactive industry-specific legal advice, dedicated to each distributor’s needs.  Particulars of the program include:

• The Group’s professionals (and/or para-professionals) provide a one (1) or two (2) day, in-person visit to tour the distributor’s office/facility, meet with principals of the company, assess various aspects of the distributor’s business/operational practices, review electronic and hard-copy material, and compile attorney work-product, all to provide an accurate review and assessment of the distributor’s legal strengths and weaknesses, as well as to insure that the distributor is compliant with and operating within the scope of legislative protection;

• The Group subsequently provides each distributor with a thorough, detailed attorney-client privileged summary that recounts observations from the in-person visit, compares same with normal industry practice as well as criticisms levied by plaintiffs in firearms litigation, and thereafter highlights changes or enhancements that could help the distributor limit liability exposure or potentially avoid lawsuits altogether;

• The remainder of each distributor’s yearly pro-rata share of attorney time through the Program is devoted to assist each participating distributor act or expound upon the observations and assessments in the Group’s post-mortem including, but not limited to: assistance with electronic or hard-copy document control; preparation of electronic or hard-copy documents kept internally and disseminated to the public; interaction with ATF inspectors, federal agents, or other law enforcement officials in response to subpoenas, formal inspections, and/or record-keeping situations; and development of litigation-sensitive training programs for staff;

• Any professional required by each distributor over and above their allotted yearly ­pro-rata share will be offered at a discounted, blended rate on an as needed basis or in response to unanticipated litigation.

• Any reactive legal services in response to firearms-related litigation, potential firearms-related litigation, or intervention with governmental agencies.

The benefits of this program are plentiful and the costs are manageable.  Distributors who could otherwise not afford, or for other reasons are not inclined to engage, full-time General Counsel to advise on industry-wide concerns gain access to same at incredible cost-sharing and cost-containment measures.

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