Sample Non-Engagement Letter Template (Page 3 of 3) in pdf

Sample Non-Engagement Letter Template Page 3

User Note 1

Provide an accurate and unambiguous statement regarding the scope of the potential

representation and the extent and nature to on w hich it was inquired. The letter should

contain a clear, unequivocal description of the contemplated legal services, including, if

applicable, the level of services-‐-‐e.g. administrative review, trial, appeal, etc. While the

description should fully describe the contemplated services, the attorney should take care

in drafting the description to avoid a conclusion by the client that the client could have

expected additional types of pre-‐engagement review.

User Note 2

If documents were provided by a prospective client, the documents should be indexed upon

receipt and counter-indexed upon return, in all situations other than a declination

contemporaneously with the conclusion of the initial interview.

User Note 3

The user might note this information has been repeated from the “Basics” information above.

We have done so because the issue of how much or little an attorney should/must explain to a

prospective client when declining a representation is extremely fact dependent and fraught with

danger. The non-engagement letter should include reference to time deadlines or statutes of

limitations. The letter should warn that the passage of time may bar pursuit of the matter.

Generally speaking, reference to a specific time deadline is to be avoided, as it may be incorrect.

However, if information is elicited during the initial meeting indicating when the deadline

or statute of limitations runs, that date and the circumstances of the receipt of the

information should be referenced.

Sample Non-Engagement Letter Template Page 3