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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.
The first paragraph of the letter should clearly indicate that the client relationship is being terminated, note the effective date of termination and provide the status of services agreed upon in previously issued engagement letters.
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.
Termination of Representation Letter - Permissive Withdrawal (Form ER05) [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of Client] Dear [Client's Name]: This letter will confirm our understanding that effective [DATE] this firm will no longer represent you in connection with [LEGAL MATTER].
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.