Do I Need a Legal Representation Letter for a Review

New business concern is key to your police firm's growth, simply that doesn't mean that every prospective client is a good fit for you and your firm. If you consult with prospective clients but don't move forward with representing them, yous should close the loop with a non-engagement letter. This ensures all parties are on the aforementioned page.

A non-engagement letter may feel like a formality, merely notifying a potential client—in writing—that you won't be representing them is important. Letting them know explicitly that you will not represent them volition assistance yous avoid or successfully defend malpractice claims. Also, clear client communication is essential for your law firm to provide a customer-centered experience to everyone y'all interact with as an attorney. This includes those who don't ultimately become your firm's clients.

In the following guide, we'll review the fundamentals of non-date letters, and become over why you lot need them. We'll also provide a sample not-date letter that yous tin can refer to every bit an example when creating your alphabetic character. Let's begin past considering a few key questions about not-date letters.

What is a non-appointment letter?

A not-appointment alphabetic character informs prospective clients that the chaser volition not be representing them. Lawyers ready this type of correspondence to analyze and certificate the status of the relationship. This is done after consulting with a potential client—formally or informally—and deciding that they will non or cannot correspond them.

Why do yous need a not-engagement letter?

At that place are many valid reasons why you or your business firm may cull not to have on a specific client. Sometimes, a client may decide to not move forward with using your legal services. You may demand a non-appointment letter due to a conflict of interest, a lack of capacity at your firm, or the customer'due south disability to take on your fees. You could also simply not be the right fit. When 1 of these instances arises and yous won't be representing someone that y'all discussed a matter with, yous need to formalize that decline with a non-engagement letter of the alphabet. Hither are three reasons why:

i. To avoid malpractice claims

Unintentional miscommunication about representation is a common crusade of malpractice claims against attorneys .

When a prospective client has a chat with a lawyer (whether it's formal or informal), they may retrieve that the give-and-take in itself ways the lawyer will represent them. If the chaser does not formally notify the customer they volition not be representing them, the customer may assume that they are taking care of their legal matter—when they're non.

The prospective client could then miss a statute of limitations or get an otherwise unsatisfactory legal result, for which they could blame and sue the attorney.

A non-engagement letter removes that ambiguity in a similar situation. It makes it clear that you will non be representing the client. This fashion, there is no confusion for the prospective client. This as well helps you avert the potential subsequent malpractice claims. Should the prospective client then try to sue an attorney, a copy of the non-engagement letter of the alphabet tin be useful in helping to resolve the disharmonize.

How non-engagement letters assistance you avert potential malpractice claims

For example, allow'due south say an attorney has a word with a prospective client about a fourth dimension-sensitive transaction. The customer shows the lawyer a copy of their documents during a consultation. The lawyer looks at the documents and decides they will not accept on the client. However, the attorney does non send a formal non-engagement letter. The attorney assumes that the customer will observe another lawyer when they don't follow up, but the client assumes that the lawyer'due south silence ways they are handling the example. Nothing gets done, and the client misses the deadline, loses on their real estate transaction, then sues the attorney for malpractice.

Alternatively, in the aforementioned situation, the attorney read the documents and decides non to have on the example, just returns the client'south documents along with a non-engagement letter to the customer. This mode, the client understands they are not represented and needs to find another lawyer. Some other attorney deals with this customer's matter and the original lawyer avoids a potential malpractice claim.

two. To communicate clearly with prospective clients

Any time that you're communicating with clients—whether prospective or existing—information technology'due south best practice to communicate clearly. Be sure to prepare realistic expectations from the commencement. Fifty-fifty though you're not moving forwards with a client, yous should nonetheless take the opportunity to communicate clearly. This guide to better client communications for law firms offers some helpful review of these principles.

3. To avoid miscommunication in a remote surroundings

To build on the above betoken of communicating clearly with prospective clients, you also need to set clear expectations when working remotely . This is because information technology is easy for a prospective client to assume a police business firm is representing them when all the communication is done over e-mail or online. To avert miscommunication and unclear expectations, make sure you lot certificate when a lawyer-client relationship does non exist.

4. To provide a customer-centered experience

Only because you are declining to correspond someone at present doesn't mean you shouldn't provide them with a client-centered experience and practise being a client-centered lawyer. After all, you never know when someone volition get a customer in the future.

Clients expect to be treated with clarity, not ambiguity. Don't leave people, even those that yous will not be representing, wondering almost the status (or lack) of your professional human relationship with them. Even though you're not representing the person now, they've started their client journey with your firm. As a legal practitioner, you need to use a non-engagement letter and clear communications to provide them with the best possible client experience.

Non-date vs. disengagement letters

While the terminology is similar, at that place's a departure between a non-date letter and a disengagement letter:

Non-engagement letter : Makes it clear to a prospective client that the lawyer will non represent them.
Disengagement letter : Terminates an existing customer relationship.

When should attorneys employ a non-appointment letter?

Every time you desire to decline to correspond a prospective customer, you should use a not-date alphabetic character. Otherwise, you risk the possibility that the prospective client could mistakenly think you're their attorney on a thing.

How to use a non-engagement letter of the alphabet?

The key to successfully using a not-date letter as part of your workflow is to have a programme. These tips can assist:

Establish procedures. Create procedures for what happens if you decide not to represent someone, and write a template for the full general structure of your non-engagement alphabetic character. If you take a plan and follow information technology, you lot're less probable to accidentally forget to inform someone of non-representation.
Determine a method of communication. Volition you send the letter through physical or e-mail, or use another method of communication?
Confirm receipt. A non-engagement letter is simply effective if your customer receives, reads, and understands it. Make sure you lot take a style to confirm that they receive the letter and understand its contents. For case, you lot could send a non-engagement letter through certified mail and request a return receipt. To help ensure that the letter is easy-to-read, make it clear and concise, write in plainly English, and avert legal jargon.
Continue a re-create. Retain documentation of all non-representation messages sent and received by prospective clients—only in instance there yous need it every bit evidence in a potential lawsuit filed against you lot.

Sample non-engagement letter content

You demand to tailor your non-engagement letter to each situation, including the customer and your firm. Notwithstanding, all not-engagement letters should address the following general elements:

Identifying details. Address the letter of the alphabet to the specific person, by name. Sign the letter by your proper noun, and include your firm'due south name.
Purpose. Clearly state why you are writing—to confirm that y'all volition not exist representing the person on the specific matter.
Consultation details. Note the date when you consulted with the potential client, and whether information technology was a formal consultation or a conversation. Also annotation, if possible, the subject or matter that was discussed.
Reason for declination/non-date. If it'due south advisable to country the reason for non-date, briefly mention it. If you are declining because of a conflict of involvement, yous may have to disclose this to the potential customer (check your jurisdiction's rules).
Timelines . Call out matters that are time-sensitive or could have a statute of limitations. Be conscientious to be clear that your note is non an stance or communication on how they should proceed.
A recommendation to find legal representation. Although the letter of the alphabet confirms that yous are not acting as legal representation for the client, you can recommend that they seek legal representation elsewhere.
Legal advice disclaimer. Land that the letter does not indicate any of your legal opinions on whether they will win or lose their case. The letter should include that y'all are not providing any legal advice on the customer's matter. Besides, add that annihilation discussed in a consultation should not be considered legal advice.
Status of client documents. If you do not have whatever client documents or materials in your possession, country that. If you practise and are returning them, describe what is enclosed and ostend that you are returning all copies.
Confidentiality . You can likewise note in the alphabetic character if the client's affair has not been discussed outside of your law house.

E'er do your due diligence

While you should ever do your research and arts and crafts a letter of the alphabet that's specific to your situation, sample non-date letters can be useful as examples. Start by researching bar-provided sample non-engagement letters for your jurisdiction. Hither are samples from the State Bar of Nevada and the State Bar of Georgia , for reference).

Beneath, we've drafted a fictional sample non-engagement letter. While this is simply an example, it may help evidence what a non-engagement letter could include:

Sample Non-Engagement Alphabetic character—Case Only

Re: Declination of Service

Dear Ms. Prospective Client:

I am writing this letter to ostend, based on our conversation on April one, 2022, that Case Law Firm will not be representing you in the matter of your medical malpractice claim confronting Dr. XYZ. We are not able to represent y'all due to the number of current pending cases at our firm: nosotros would not exist able to devote the necessary fourth dimension to your matter.

Our decision to non represent you should not be interpreted as an stance on the claim of your example. We would like to be clear that this letter does not indicate any of our legal opinions on whether yous volition win or lose your case, that we are non providing any legal advice on your matter. Also, nil discussed in our previous consultation should be considered legal advice.

Please also be enlightened that the law's statute of limitations could limit the time within which action in your thing must exist filed. Nosotros have not researched the time limitations applicable to your thing, and equally we are not representing you, are unable to propose y'all on this. Still, with this in mind, nosotros suggest that you consult with another lawyer as soon every bit possible concerning this thing, if yous wish to practice and then.

You lot will find enclosed all of the materials that you left with me for review during our consultation. We have kept no copies, and take not discussed this thing outside of our law office.

Thanks for contacting Case Police Business firm. Nosotros regret that we cannot human action further on your thing, but hope that you may consider Example Law Firm for time to come legal work.

Sincerely,

Ms. Lawyer,

Instance Law Firm

Decision

Not every prospective client is going to go a new customer. But information technology'south still important to treat anybody you lot consult with clarity and communicate effectively. Using a non-engagement letter to confirm that you will non be representing someone allows them to motion forward with their matter with someone else. It also helps relieve you and your business firm from potential lawsuits that can ascend from unclear not-representation situations.

Create procedures for how to handle failing representation at your law firm. Include a customized, well-documented non-appointment letter in every instance. Make certain the potential customer receives and understands the letter of the alphabet, and close the loop.

Annotation: The data in this article applies only to US practices. This mail is provided for advisory purposes only. It does not constitute legal, business, or accounting communication.

We published this blog post in February 2021. Terminal updated: December 23, 2021.

Categorized in: Business

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Source: https://www.clio.com/blog/non-engagement-letter/