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Every time you want to decline to represent a prospective client, you should use a non-engagement letter. Otherwise, you risk the possibility that the prospective client could mistakenly think you're their attorney on a matter.
Thank you for consulting ________(Firm Name)__________ in conjunction with your _________________________. The confidence you have placed in this office by consulting us is appreciated. Regrettably, we cannot assist you in this matter due to a conflict of interest.
engagement letter informs prospective clients that the attorney will not be representing them. Lawyers prepare this type of correspondence to clarify and document the status of the relationship.
Communicate your decision in writing as soon as you decide to refuse their case. You should also recommend the potential client visit another lawyer who can assist them with their case. A written letter serves as a factual record that you turned down the potential client's case and explains the reason for the decision.
[Date] [Name and Address of Client] Dear [Client's Name]: This letter will confirm our understanding that effective [DATE] this firm will no longer represent you in connection with [LEGAL MATTER]. I urge you to promptly retain other counsel to represent you in this matter.
After you left our offices yesterday, we performed a formal conflict-of-interest check and found that our firm does indeed have a conflict of interest involving your intended adversary in this case, [Name]. Unfortunately, this conflict cannot be resolved in a manner that would allow us to represent you in this matter.
One of the best ways to approach this is to send an email to the inquiring client without delay. Thank them for the consideration and let them know the reasons for not being able to work with them. Be polite but direct.
The lawyer should send a disengagement letter to establish that the relationship is no longer continuing, and to refer the client to another lawyer. In the disengagement letter, the lawyer should warn the client of applicable time limitations, deadlines, and uncompleted investigation or casework.