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In the example above, the retainer is considered unearned until the court case is closed and finalized. These unearned fees do not belong to the person performing the tasks?in this case, the lawyer?until work begins. Any unearned retainer fees that are not used can be returned to the client.
A disengagement letter serves to make clear that a client has ceased to be a current client for conflict of interest analysis. We recommend lawyers include language about file destruction in all engagement letters and again in the disengagement letters.
Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.
The letter should include the date of termination, the reason for termination (if applicable), any remaining obligations that either party may have, and an acknowledgement of contributions made by the employee during their time with the company.
Lead with the main purpose of your letter and then explain the reasons for your question or request. Be specific when referencing relevant information including names, dates and places. The more information you include, the better your attorney will be able to assist you.