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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.
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.
The opening paragraph states the legal issue the letter is addressing followed by the facts, a discussion of the law as it applies to the facts and a conclusion which is essentially the advice to the client. Often attorneys include headings to lead the client through this process to arrive at the same conclusion.
Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering ...
To Whom It May Concern: This letter serves as notice that I am no longer able to serve as representative for the above referenced individual's SSI/SSDI application. Please remove my name from your records regarding such representation. At this point, I do not know if another representative will be replacing me.
Send rejection letter. If taking on the client seems like too great of a risk, protect yourself by notifying the client in writing so there is no confusion about representation. Be polite but firm, and abundantly clear. Send the letter by certified mail and retain a copy for the firm's records.
The decision to decline a representation is best to communicate that declination in writing. "Non-engagement letters" should clearly inform the prospective client that the law firm will not represent the prospective client in that matter and that he or she should not rely on the lawyer for any advice or legal action.