Get a direct initial read on the issue.
If this issue matches what you are dealing with, start with a short, non-confidential summary. For qualifying serious matters, contingency may be available once the claim and economics are assessed.
Start with a concise factual summary
A useful first summary covers the asset or project, the problem, the timing pressure, the people already involved, and what category of claim may be in play. It does not need to argue the whole case.
A concise first summary usually makes it clear whether the matter warrants immediate attention and whether anything needs to be preserved immediately.
Define the role early
The cleanest referrals usually happen when the role is defined at the outset. In this context, that often means the claim itself: insurance recovery, defect, delay, rent loss, or another focused asset-impairment dispute.
Routine real estate, restructuring, project, and transaction work often stays where it already sits. Special counsel handles the claim itself when it needs concentrated attention.
Send the right materials, not every material
A serious matter does not need a document dump on day one. Usually the best first materials are the ones that show the shape of the issue: key contracts, the policy, the consultant report, the repair estimate, the current dispute correspondence, project timelines, or the basic financial picture if revenue loss is involved.
That is usually enough to begin a real discussion about whether special counsel makes sense.
Timing matters more than completeness
One of the biggest mistakes is waiting until the file feels perfectly organized. In many of these matters, value is lost while people wait for a cleaner package. If the claim is large, the record is still forming, or the other side is already shaping the narrative, an early referral is usually more valuable than a perfectly curated late one.
Keep the matter commercially coherent
A serious referral should make the matter easier to understand, not more fragmented. That means making clear what the pressure is: reserve strain, project delay, reconstruction timing, rent loss, lender pressure, fiduciary control, or another business consequence that makes the claim economically important.
That business consequence is often what turns a legal issue into a serious matter.
When focused special counsel often makes sense
Focused special counsel often makes sense when the issue is too large, too specialized, or too economically sensitive for routine handling, and when delay is allowing the claim story to harden in the wrong direction. The strongest referrals usually happen while the record is still forming and before the matter has been over-handled by too many people with different agendas.
Why owners, fiduciaries, and referral counsel call Burnside.
Kelly McCann’s background combines finance training, construction cost-estimating work, legal training, and graduate real-estate study. He has recovered millions of dollars for property owners through trial, arbitration, and settlement.
Illustrative referral scenario where a serious matter needs a narrow handoff
The file is getting harder to frame correctly while the business pressure keeps moving.
Useful when outside counsel or advisors want a narrower construction-and-insurance specialist rather than a broader new relationship.
The first gain is often clarity about fit, scope, and what should be preserved immediately.
Illustrative scenarios are shown in summary form only. They are not client descriptions and do not guarantee outcomes.