Clear, written documentation of the lawyer-client relationship is among the most effective risk management measures available to a law firm. Engagement letters define the firm’s responsibilities and the client’s duties, and they help clients understand how the representation will proceed. When clients understand the terms of the relationship, the risk of unmet expectations—and the disputes, professional liability claims, or disciplinary complaints that can follow—is reduced. Documentation can also help resolve disagreements about the scope of representation, fees, or other material terms. When a claim arises, the absence of contemporaneous documentation rarely favors the firm. Judges and juries expect law firms to memorialize the material aspects of the attorney-client relationship.
Accordingly, law firms should use clear, precise language in engagement letters and related documents to promote a relationship that proceeds as intended. Ambiguities in firm-drafted language may later be construed and applied in ways the firm did not anticipate or would prefer to avoid. We created “The Law Firm Letters Toolset” to help law firms memorialize each phase of the attorney-client relationship. Part I includes sample engagement letters, optional engagement-letter clauses, and related correspondence that can assist firms in managing risk through consistent, well-crafted documentation. Part II of “The Law Firm Letters Toolset,” includes sample engagement letters by practice area, along with additional sample letters that law firms may find useful.
“The Law Firm Letters Toolset” is intended for a national audience of lawyers and law firms. Do not use the sample language in this guide without first reviewing the rules and law of the relevant jurisdiction to confirm that the language you adopt complies with applicable requirements.
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