Disengagement letter sample

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FREE 10+ Disengagement Letter Samples in PDF | MS Word

As much as people want to believe in forever, some things have to come to an end. Some relationships don’t last as long as you hope it would. It’s not every day you get to find someone you have a connection with. No matter how much you work on it, things just don’t work out as planned. You just have to accept that the best thing for you is to go your separate ways. Breakups are hard, that is why some people use goodbye letters to make things easier. When it comes to business and legal affairs, official letters make the separation legitimate and documented. That’s why accountants and attorneys send disengagement letters to their clients.

Diving into Disengagement Letters

When the relationship agreement between the client and the service provider ends, proper documentation must be observed. When a certified public accountant or lawyer wants to end the relationship, they must send their clients a disengagement letter. A legal letter is what you use to notify your clients that you will no longer be working with them and that your relationship has officially ended. Depending on how things were between the letter sender and the client, the content could mean different things. If things ended nicely, the letter could go like, “it was a pleasure working with you.” But if things didn’t go so well, this could be a CYA letter. This letter also serves as a tool for CPAs and attorneys to reduce general liability.

Inclusions of a Disengagement Letter

Letter sending is a form of communication that people have been using since the time of ancient Mesopotamia. As time flew by, the format and content of letters also changed. When a message is between two professionals, it should obviously follow a professional letter format. But other than the composition, the content of your letter should only consist of things relating to your professional relationship. Here are some parts you should have in your disengagement letter.

Dates and Deadlines

Since your letter serves as the termination letter, having the exact date of termination would be necessary. If you signed any contract, you should include the date the deal ends in your letter. This makes any transaction after said dates invalid. If there are documents that need submitting, you should also inform your clients about the deadlines. If any legal struggle happens after these dates, you can be sure that you have something to show to avoid more liability.

Advice

Even when things have ended, that doesn’t mean you should stop giving a helping hand. Your clients don’t know all the processes, so giving out a few pieces of advice could mean so much. If you are an accountant, you can probably predict if your client’s finances will go through some rough waters. You can give them some tips if ever unwanted situations occur. You can even give them names of people to run to when they need help.

Wishes and Invitations

After every relationship, you don’t want to be that guy who thinks negatively about the other person. It’s always best to end things on a positive note. In your disengagement letter, you should include your well-wishes for your former client. This part can also be where you can invite them to come to you again for any other legal or financial transactions. This could be your gateway to getting new clients and luring former clients back to for your services.

10+ Disengagement Letter Samples in PDF | DOC

Not every partnership lasts a long time. Some are only as long as the contract requires. It’s inevitable for accountants and attorneys to want to terminate the service of representation for some clients. One of the most practical ways to get the relationship discontinued is through a disengagement letter. This kind of letter is extremely formal, so you need to get it right. Not only does it serve as a method of communication, but it also acts as the official document for the termination of the basic agreement. To give you more insight on what disengagement letters are, here are 10+ disengagement letter samples you should check out.

1. Disengagement Letter Format Sample

2. Sample Disengagement Letter

3. Disengagement Closing Letter Template

4. Disengagement Letter in PDF

5. Client Disengagement Letter Sample

6. Disengagement Letter Sample

7. General Disengagement Letter Template

8. Formal Disengagement Letter Sample

9. Basic Disengagement Letter Template

10. Disengagement Letter in DOC

11. Simple Disengagement Letter Example

Writing a Disengagement Letter

When ending a trust relationship with your client, you need to stay formal and professional. That is why your disengagement letter should carry a sense of professionalism. You can’t just tell your clients it’s over without a proper explanation and closure. To write an effective disengagement letter, you need to be aware of specific tips and tricks.

1. Identify the Subject Matter

For your letter to be effective, it needs to be direct to the point. It would help if you got right to it. Any sidetracking and unnecessary comments can make your letter misleading. Inform your clients directly that the letter will be about your most recent discussion about the termination of your representation. Keep it simple to make sure your clients understand what you are trying to say.

2. Give Final Reminders

Since the disengagement letter serves as the final method of communicating with your client, you need to include any final reminders you have for them. This means you need to inform your client if there is any legal or  business document that needs submitting before a given deadline. It would help if you also reminded them of the status of the case.

3. Summarize the Fees

At the end of it all, you need to remember that this is your job. You need to get paid for the services you have offered. It’s all about business in the end. You need to send a record of all payments you have received and an service invoice of things that still need paying.

4. Reaffirm the Termination

You must fully establish that you have terminated your service as the representation of your clients. Even if this means repeating this in your document. It would help if you also outlined all the things this entails. Give your clients a list of privileges they can no longer use and other things like that.

5. Suggest to Save Copies

It would help if you also suggested to your clients to save copies of all the documents you gave them in the past. This way, they would already have a copy of the document free of charge.

6. Describe Any Measures

Lastly, you must reassure them that every transaction and conversation you had is safe. No information gets released at the end of the client relationship. You inform your client of all the measures you took to protect their interest and privacy.

Even after a relationship ends, your former clients must still have trust in you. That is why it is essential to have a comprehensive disengagement letter. If your letter doesn’t piss them off, then you did a good job.

Sours: https://www.sampletemplates.com/letter-templates/disengagement-letter.html

Creating a Client Termination / Disengagement Letter

If you are using Practice Ignition, this article will show you the two quick steps in order to set up this in your account to send out a disengagement letter.

Summary

Step 1. Setting up your disengagement template

Step 2. Setting up a client termination service

Please note you are accepting responsibility (and any associated risks) for using these templates in your account. We strongly recommend you double check with your professional association or indemnity insurance provider prior to engaging your clients with these templates.

If you need help setting up these templates, please email [email protected], reference this article and your Customer Success Manager or Account Manager will be glad to assist.

Setting up your account

Read the full instructions below:

Step 1. Setting up your engagement template

As can be the case for a termination of service, there may be content that you need changed / custom for each and every client.

Using Practice Ignition’s placeholders, you’ll be able to automatically update the letter with all the information you need.

If you want to create your own template from scratch, navigate to the Templates library (click to go straight there in your account) and start a new template.

Paste in the termination wording you need to include and look for the information you need to replace each time you send the termination to a different client.

The template below has been pre-formatted with relevant placeholders so you can just copy and paste into a new template.

Please feel free to change the content of the termination letter if you prefer different wording or your association has different requirements.


Once you've finished adding the appropriate placeholders you've built out a proposal, the letter will appear to your client like this:

Once they sign, their signature will populate within the letter, and then a PDF copy will be sent to them for their record keeping.

Where is the data coming from? See below:

Step 2. Setting up a termination service

Given that a Practice Ignition proposal requires at least one service, we recommend you set up a simple service for the termination letter you need to send your clients.

The template below has been pre-formatted so you can just copy and paste into a new template. Make sure to update the text for <INSERT DATE> each time you add that service to a proposal, and update in any recommendations of alternative companies they might want to engage with.

Service Name:

Service Description:

This also helps to set initial expectations with your client as they are reviewing the proposal. Here’s an example of it should look below:

Note that the default billing type is set to Included Service. This will prevent any price from being associated with this service.

As for the description, you can make edits at the proposal level to make it more custom to your particular client and their situation. Make sure you click save when you are done!

Building the Proposal

Please read through the instructions below:

The first step is to create a new proposal and in the General tab, add your client and set the start date to cover when the termination is coming into effect, and the end date can be simply one month from the start date.

Now that you’ve set up the general proposal settings, next, click on the Services tab and add the "Termination of Service" service created from Step 2. Remember to press Save Service!

For this step all you need to do is update the dates and your recommendations, and hit save. Next, navigate to the Terms tab and select the Termination Letter template that you created in Step 1

You can add an optional personalized message in the Presentation tab to give some more context as to why you are sending this letter. We've included the personalized message as a placeholder in the Termination Letter terms template as
{{ proposal.message_text }}, but you can remove from your template if you don't want the message to be included in the final signed letter.

Next, ensure you disable payments on this proposal from the Payments tab. Turn all these toggles OFF.

You can also turn off workflow job creation in the Apps tab (if you have a workflow app connected to your account). Invoices are not affected so there’s no need to turn them off:

Now, all you need to do is send the proposal to your client. The final proposal will look like this:

Once your client signs, you’ll be notified and a PDF copy is available for you to store where you like. Your client will also automatically receive a copy of the signed PDF to store with their records.

Pro-tip: Use Zapier to automatically send all of your engagement letters to a cloud storage folder.

Sours: https://support.practiceignition.com/en/articles/4378746-creating-a-client-termination-disengagement-letter
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What Is A Disengagement Letter And Why It’s So Important

What is a disengagement letter?

Why is an attorney disengagement letter important to be sent?

When should you send a disengagement letter or what should be included in it?

In this article, we will answer all your questions about a disengagement letter.

We will understand its purpose, the reasons why an attorney may withdraw from a case and what to include in the letter.

Are you ready?

Let’s get started…

What is a disengagement letter

A disengagement letter, withdrawal letter or a termination letter is a letter confirming the termination of a matter.

A lawyer or a law firm can send a disengagement letter to a client for several reasons such as:

  1. Non-payment of fees
  2. Inactivity of the client
  3. Client’s request for termination
  4. Difficulty in working with the client
  5. Disagreement with client 

The purpose of the disengagement letter is to advise the client that the attorney is no longer going to pursue the matter.

The attorney will generally describe the final services to be rendered and make it clear following that the mandate will be terminated.

Whenever a law firm or attorney terminates a mandate for whatever reason, it is best practice to send a disengagement letter to the client to avoid any misunderstanding or miscommunication.

Common reasons why a disengagement letter is sent

There are common scenarios when a lawyer or a client may decide to terminate the attorney’s mandate. 

Whenever that decision is reached, the lawyer should send his or her client a disengagement letter to confirm the termination of the mandate and tie up all the loose ends.

Termination for non-payment of fees

One important reason an attorney may decide to stop representing a client is the inability to get paid for the services rendered.

Depending on the size of the law firm, the non-payment of fees can be detrimental to the overall operation of the firm particularly if the defaulting client is an important client of the firm.

The last thing a lawyer may want to do is to terminate a mandate for non-payment of fees.

However, if the firm is spending time and money working on a case without payment, then the firm can quickly burn operating cash flow.

Disengagement for client inactivity 

The disengagement for client inactivity can also be another reason a law firm may terminate a file.

There is no point in keeping a file open if the client is inactive or has no intention of pursuing a matter with the firm.

In such cases, after the passing of a certain time, it may be advisable to send a letter to the client to advise them of the inactivity.

If the client does not respond to any of the letters or clearly advises that they will not pursue the matter, then the disengagement for client inactivity will take care of the matter!

Client’s election to terminate

The client has the right to retain the counsel of his or her choice and terminate the counsel’s mandate at any time.

A client has no obligation to work with a lawyer if they do not intend to do so.

Having said that, if a client decides to terminate an attorney’s mandate, the attorney should make sure a disengagement letter is sent to clarify the specific point in time that the termination will take effect.

Whenever a lawyer’s mandate is terminated, it’s important to document the termination process in case the client may have the wrong impression that the lawyer was handling certain legal tasks while the lawyer had ceased rendering services.

Difficulty working with a client

In some cases, a lawyer will have to make a difficult decision to terminate a mandate because the client is difficult to work with.

Representing a client is already a challenging task.

Often, lawyers are under pressure to perform and to render their services within strict timelines.

As a result, it is crucial that the client collaborates with the attorney in such a way as to allow the legal services to be rendered at the right time.

If there is a constant difficulty in working with the client or there is a lack of collaboration on the part of the client, it makes the attorney’s job that much more difficult.

In many jurisdictions, failure to respect deadlines or failing to handle certain legal tasks can result in a professional claim against the lawyer.

To prevent any personal exposure or reputational risk, if the lawyers are unable to do their job properly due to the lack of collaboration of the client, they will prefer to terminate the mandate.

It may be a difficult decision on the spot, but it can avoid a lot of headaches in the future.

Disagreements with the client

A lawyer can send a disengagement letter to a client as they have an irreconcilable difference of opinion or disagree on the manner the legal case should proceed.

The lawyer is a legal professional who understands the law and knows how to handle a legal matter.

As a legal professional, the lawyer has the latitude to decide as to the best way to achieve the client’s objectives.

If the attorney and the client do not agree on the important decisions relating to the file, the attorney may decide to terminate the mandate.

The lawyer does not have an obligation to perform legal services in a manner demanded or ordered by the client if the attorney is convinced otherwise.

It may be prudent to terminate the mandate than to provide legal services while unconvinced of its effectiveness.  

Other reasons why an attorney may withdraw from a case

There are many reasons justifying why an attorney will decide to cease representing a client.

Here are some examples:

  1. Conflict of interest discovered during the mandate
  2. An appointment of the lawyer to the bench
  3. Deterioration of mental health impacting competence
  4. Accident or temporary disability 
  5. Difficulting obtaining information from the client
  6. Changes to the client’s operations 
  7. Client acting illegally
  8. Client acting unethically
  9. Changes to the law firm such as merger or divestiture 
  10. Disrespectful clients
  11. Accusation of malpractice is filed against the attorney 

Of course, there may be many more reasons why an attorney may withdraw from a client’s case.

Purpose of a client disengagement letter

The disengagement letter serves primarily two objectives:

  1. Clearly informing the client of the attorney’s decision to withdraw from a case
  2. Prevent potential professional liability claims against the attorney

Let’s look at each of these two points.

Duty to inform the client

The first objective is to inform the client of the attorney’s decision to withdraw from the case.

At all times, the attorney has a duty to advise and inform the client of their rights and obligations.

This duty applies to the matter handled by the attorney but also to the attorney’s relationship with the client.

The attorney disengagement letter should be used as a means to concretely inform the client how the termination process will be handled.

This way the client will have a proper understanding of what must be done going forward, how much time they have and if there are some emergencies or pressing matters to handle quickly with regards to their case.

Prevent professional liability claims

The termination of engagement letter can certainly prevent a lot of headaches for the lawyer in the future.

Lawyers are constantly exposed to professional liability claims.

If a lawyer terminates an engagement abruptly and leaves the client hanging, that’s a good recipe for disaster.

By sending an attorney-client disengagement letter, a lawyer can clearly outline:

  1. The decision to terminate the mandate
  2. Why that decision was made
  3. When the termination will take effect
  4. What has been done so far, what are the important things that need to be done
  5. Make a clear statement that the client must find another attorney to prevent their rights or recourse from being affected

This way, nothing is left for chance.

If a client does not comply with what was requested and files a professional liability claim against the lawyer, then the client will be the only one to blame.

What to include in a disengagement letter

When a lawyer sends an attorney disengagement letter to a client, he or she must cover all the important aspects surrounding the termination.

At a minimum, the letter of disengagement should include the following:

  1. Confirm why the mandate is being terminated
  2. Confirmation of how much is payable or owed
  3. Confirmation of any retainer or advance fee reimbursement
  4. The conditions that the attorney may discuss the matter with any successor attorney
  5. Outline of any final tasks to be handled by the attorney
  6. Outline of all important deadlines that need to be respected
  7. Outline of any activities that need to be completed
  8. Any conditions based on which the attorney may continue representing the client
  9. A statement that the client’s action may be affected by the statute of limitation

The objective is to ensure the termination process will not result in prejudice to the client.

When sending a withdrawal letter, the lawyer must continue protecting the interests of the client.

Disengagement letter vs closure letter

A disengagement letter is not the same thing as a closure letter.

While a closure letter is generally sent upon completion of the mandate, the disengagement letter is sent while the mandate is ongoing.

A closure letter is a fairly simple and straightforward document.

It states that the mandate is completed, provides any final billing details or account for any reimbursements that need to be made to the client, indicates that the attorney will be closing the file and invites the client to reach out for any future needs.

A disengagement letter will tell the client that the attorney no longer wishes to pursue the client representation.

This letter will be detailed as to the termination logistics so the client understands what to do next.

Takeaways

A client disengagement letter is a letter issued by an attorney to a client informing the client the attorney is intending to withdraw from their case.

An attorney withdrawal letter is generally sent when the lawyer’s mandate is still ongoing.

For this reason, it’s crucial for the attorney to document the mandate termination process to ensure the client’s interests are protected and to prevent any professional liability claims.

The attorney disengagement letter should include:

  1. Why the lawyer is terminating the matter
  2. Confirmation of any outstanding fees
  3. The handling of any pre-paid fees or retainers
  4. Any important deadlines to consider
  5. Any final tasks accomplished by the lawyer
  6. A statement the client should immediately find another counsel
  7. Any statute of limitation notices

It’s likely that if a lawyer’s mandate is terminated either based on the client’s initiative or the attorney’s initiative, there may be disagreements, misunderstandings or disputes.

To prevent potential risk, it’s in the best interest of the client and the attorney that the termination process is handled with care.

We hope you enjoyed this article on the attorney disengagement letter.

Do you have any comments or feedback to share with us?

We would love to hear from you, drop us a comment!

Sours: https://incorporated.zone/disengagement-letter/
Quitting Your Job? How to Write a Resignation Letter

New business is key to your law firm’s growth, but that doesn’t mean that every prospective client is a good fit for you and your firm. If you consult with prospective clients but don’t move forward with representing them, you should close the loop with a non-engagement letter. This ensures all parties are on the same page. 

A non-engagement letter may feel like a formality, but notifying a potential client—in writing—that you won’t be representing them is important. Letting them know explicitly that you will not represent them will help you avoid or successfully defend malpractice claims. Also, clear client communication is essential for your law firm to provide a client-centered experience to everyone you interact with as an attorney. This includes those who don’t ultimately become your firm’s clients. 

In the following guide, we’ll review the fundamentals of non-engagement letters, and go over why you need them. We’ll also provide a sample non-engagement letter that you can refer to as an example when creating your letter. Let’s begin by considering a few key questions about non-engagement letters.

What is a non-engagement letter?

A non-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. This is done after consulting with a potential client—formally or informally—and deciding that they will not or cannot represent them.

Why do you need a non-engagement letter?  

There are many valid reasons why you or your firm may choose not to take on a specific client. Sometimes, a client may decide to not move forward with using your legal services. You may need a non-engagement letter due to a conflict of interest, a lack of capacity at your firm, or the client’s inability to take on your fees. You could also just not be the right fit. When one of these instances arises and you won’t be representing someone that you discussed a matter with, you need to formalize that decline with a non-engagement letter. Here are three reasons why:

1. To avoid malpractice claims 

Unintentional miscommunication about representation is a common cause of malpractice claims against attorneys. 

When a prospective client has a conversation with a lawyer (whether it’s formal or informal), they may think that the discussion in itself means the lawyer will represent them. If the attorney does not formally notify the client they will not be representing them, the client may assume that they are taking care of their legal matter—when they’re not. 

The prospective client could then miss a statute of limitations or get an otherwise unsatisfactory legal result, for which they could blame and sue the attorney.

A non-engagement letter removes that ambiguity in a similar situation. It makes it clear that you will not be representing the client. This way, there is no confusion for the prospective client. This also helps you avoid the potential subsequent malpractice claims. Should the prospective client then try to sue an attorney, a copy of the non-engagement letter can be useful in helping to resolve the conflict. 

How non-engagement letters help you avoid potential malpractice claims

For example, let’s say an attorney has a discussion with a prospective client about a time-sensitive transaction. The client shows the lawyer a copy of their documents during a consultation. The lawyer looks at the documents and decides they will not take on the client. However, the attorney does not send a formal non-engagement letter. The attorney assumes that the client will find another lawyer when they don’t follow up, but the client assumes that the lawyer’s silence means they are handling the case. Nothing gets done, and the client misses the deadline, loses on their real estate transaction, then sues the attorney for malpractice. 

Alternatively, in the same situation, the attorney read the documents and decides not to take on the case, but returns the client’s documents along with a non-engagement letter to the client. This way, the client understands they are not represented and needs to find another lawyer. Another attorney deals with this client’s matter and the original lawyer avoids a potential malpractice claim. 

2. To communicate clearly with prospective clients

Any time that you’re communicating with clients—whether prospective or existing—it’s best practice to communicate clearly. Be sure to set realistic expectations from the start. Even though you’re not moving forward with a client, you should still take the opportunity to communicate clearly. This guide to better client communications for law firms offers some helpful review of these principles. 

3. To avoid miscommunication in a remote environment

To build on the above point of communicating clearly with prospective clients, you also need to set clear expectations when working remotely. This is because it is easy for a prospective client to assume a law firm is representing them when all the communication is done over email or online. To avoid miscommunication and unclear expectations, make sure you document when a lawyer-client relationship does not exist.

4. To provide a client-centered experience 

Just because you are declining to represent someone now doesn’t mean you shouldn’t provide them with a client-centered experience and practice being a client-centered lawyer. After all, you never know when someone will become a client in the future. 

Clients expect to be treated with clarity, not ambiguity. Don’t leave people, even those that you will not be representing, wondering about the status (or lack) of your professional relationship with them. Even though you’re not representing the person now, they’ve started their client journey with your firm. As a legal practitioner, you need to use a non-engagement letter and clear communications to provide them with the best possible client experience. 

Non-engagement vs. disengagement letters

While the terminology is similar, there’s a difference between a non-engagement letter and a disengagement letter:

  • Non-engagement letter: Makes it clear to a prospective client that the lawyer will not represent them.
  • Disengagement letter: Terminates an existing client relationship. 

When should attorneys use a non-engagement letter?  

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.

How to use a non-engagement letter?  

The key to successfully using a non-engagement letter as part of your workflow is to have a plan. These tips can help:

  1. Establish procedures. Create procedures for what happens if you decide not to represent someone, and write a template for the general structure of your non-engagement letter. If you have a plan and follow it, you’re less likely to accidentally forget to inform someone of non-representation. 
  2. Determine a method of communication. Will you send the letter through physical or electronic mail, or use another method of communication? 
  3. Confirm receipt. A non-engagement letter is only effective if your client receives, reads, and understands it. Make sure you have a way to confirm that they receive the letter and understand its contents. For example, you could send a non-engagement letter through certified mail and request a return receipt. To help ensure that the letter is easy-to-read, make it clear and concise, write in plain English, and avoid legal jargon.
  4. Keep a copy. Retain documentation of all non-representation letters sent and received by prospective clients—just in case there you need it as evidence in a potential lawsuit filed against you. 

Sample non-engagement letter content

You need to tailor your non-engagement letter to each situation, including the client and your firm. However, all non-engagement letters should address the following general elements:

  • Identifying details. Address the letter to the specific person, by name. Sign the letter by your name, and include your firm’s name.
  • Purpose. Clearly state why you are writing—to confirm that you will not be representing the person on the specific matter. 
  • Consultation details. Note the date when you consulted with the potential client, and whether it was a formal consultation or a conversation. Also note, if possible, the subject or matter that was discussed. 
  • Reason for declination/non-engagement. If it’s appropriate to state the reason for non-engagement, briefly mention it. If you are declining because of a conflict of interest, you may have to disclose this to the potential client (check your jurisdiction’s rules). 
  • Timelines. Call out matters that are time-sensitive or could have a statute of limitations. Be careful to be clear that your note is not an opinion or advice on how they should proceed. 
  • A recommendation to find legal representation. Although the letter confirms that you are not acting as legal representation for the client, you can recommend that they seek legal representation elsewhere. 
  • Legal advice disclaimer. State that the letter does not indicate any of your legal opinions on whether they will win or lose their case. The letter should include that you are not providing any legal advice on the client’s matter. Also, add that anything discussed in a consultation should not be considered legal advice.
  • Status of client documents. If you do not have any client documents or materials in your possession, state that. If you do and are returning them, describe what is enclosed and confirm that you are returning all copies.
  • Confidentiality. You can also note in the letter if the client’s matter has not been discussed outside of your law firm. 

Always do your due diligence

While you should always do your research and craft a letter that’s specific to your situation, sample non-engagement letters can be useful as examples. Start by researching bar-provided sample non-engagement letters for your jurisdiction. Here are samples from the State Bar of Nevada and the State Bar of Georgia, for reference). 

Below, we’ve drafted a fictional sample non-engagement letter. While this is just an example, it may help show what a non-engagement letter could include:

Sample Non-Engagement Letter—Example Only

Re: Declination of Service

Dear Ms. Prospective Client:

I am writing this letter to confirm, based on our conversation on April 1, 2021, that Example Law Firm will not be representing you in the matter of your medical malpractice claim against Dr. XYZ. We are not able to represent you due to the number of current pending cases at our firm: we would not be able to devote the necessary time to your matter. 

Our decision to not represent you should not be interpreted as an opinion on the merits of your case. We would like to be clear that this letter does not indicate any of our legal opinions on whether you will win or lose your case, that we are not providing any legal advice on your matter. Also, nothing discussed in our previous consultation should be considered legal advice.

Please also be aware that the law’s statute of limitations could limit the time within which action in your matter must be filed. We have not researched the time limitations applicable to your matter, and as we are not representing you, are unable to advise you on this. However, with this in mind, we suggest that you consult with another lawyer as soon as possible concerning this matter, if you wish to do so. 

You will find enclosed all of the materials that you left with me for review during our consultation. We have kept no copies, and have not discussed this matter outside of our law office.

Thank you for contacting Example Law Firm. We regret that we cannot act further on your matter, but hope that you may consider Example Law Firm for future legal work.

Sincerely,

Ms. Lawyer,

Example Law Firm

Conclusion 

Not every prospective client is going to become a new client. But it’s still important to treat everyone you consult with clarity and communicate effectively. Using a non-engagement letter to confirm that you will not be representing someone allows them to move forward with their matter with someone else. It also helps save you and your firm from potential lawsuits that can arise from unclear non-representation situations. 

Create procedures for how to handle declining representation at your law firm. Include a customized, well-documented non-engagement letter in every instance. Make sure the potential client receives and understands the letter, and close the loop.

Note: The information in this article applies only to US practices. This post is provided for informational purposes only. It does not constitute legal, business, or accounting advice.

We published this blog post in February 2021. Last updated: .

Categorized in: Business

Sours: https://www.clio.com/blog/non-engagement-letter/

Sample disengagement letter

Sample Termination of Engagement Letter

 

How to use this form: The letter should contain, at a minimum, each of the following: an opening paragraph stating the reason for termination (Options A1-A4); a paragraph dealing with successor counsel (Options B1-B4); and a closing paragraph (Options C1-C2).If there are deadlines or action items of which the client needs to be aware, a paragraph describing these is absolutely necessary.

 

 

Re:Termination of engagement

 

Dear ____________:

 

[Option A1:Inactivity]

In connection with a periodic review of our records, it has become apparent that we have performed minimal or no services for [client name] for a substantial period of time [alternative:since _________ [date]].Accordingly, pursuant to our firm’s policy, this is to confirm that our engagement has terminated.We no longer have an attorney-client relationship with [name], and will not render further legal services unless we enter a subsequent engagement.

[Option A2:Nonpayment of fees]

As we have previously discussed, payment of our fees by [client name] is now seriously in arrears.Specifically, as of [date], we are owed $_________ for billed and unbilled fees and $_______ for billed and unbilled costs and disbursements.In light of these circumstances, we have reached the regrettable conclusion that we must terminate our engagement.Accordingly, we will no longer be rendering legal services to [client name] and will have no further attorney-client relationship.

[Option A3:Client election to terminate]

This confirms that, in accordance with your [or client name’s] instructions, our engagement is terminated and we will not render further legal services to [client name.]We will have no further attorney-client relationship.

[Option A4:Difficulty in working with client]

This is to inform you that, pursuant to the terms of our original engagement with [client name], we have decided to terminate our representation.Regrettably, the difficulty we have had in [communicating with [client name]] [agreeing upon an appropriate course of action] [other] has led us to conclude that it is necessary for us to terminate our relationship and for [client name] to proceed with new counsel.Accordingly, we will no longer be rendering legal services to [client name] and will have no further attorney-client relationship.

 

[Option B1:Litigated matters where motion for leave to withdraw required]

In accordance with court rules in the matter of ___________________ [case name], we will file a motion for leave to withdraw as counsel.Pending court approval of the motion, we will continue to serve as your counsel of record.In the event the motion is granted, we will immediately cease to provide services to you, and will have no further attorney-client relationship.

[Option B2:Litigated matter; substitution of counsel]

In accordance with court rules in the matter of _______________ [case name], we will work with the successor counsel you have identified, [name of counsel], to file a Substitution of Counsel form that, when approved by the Court, will permit successor counsel to take over your representation.At that point, we will have no further attorney-client relationship, and we will transfer your files to successor counsel unless you direct otherwise.

[Option B3:Non-litigation matters; successor counsel identified]

You have informed us that [name of counsel] will serve as your successor counsel in matters as to which we have provided services.We will work with [name of counsel] toward a smooth transition of your matters, and will transfer your files to [name of counsel] unless you direct otherwise.

[Option B4:Non-litigation matters; no successor counsel identified]

To the extent you continue to need an attorney’s services, we encourage you to retain new counsel.We will be pleased to assist in the transition of any matters or files to you or to new counsel, as you may direct.In the absence of any request, we will retain our files in accordance with our firm’s policy, which also provides that files may be destroyed in the future after notice to you.

 

[Required paragraph if client has outstanding unpaid fees]

In connection with the termination of our services for you, all of our statements for fees and disbursements are now due and payable and we enclose herewith our final statement for services and disbursements.We request that you pay promptly the enclosed statement and any statement previously rendered to you which remains unpaid.

 

[Required paragraph if there are statutes of limitations or other important deadlines]

You should be aware of the following important dates in connection with the matters on which we have provided assistance.[List known statutes of limitations, filing dates or other deadlines imposed by statute or rule.]In addition, you should consider the following action items that may be required to be taken to protect your rights.[Describe any such action items in detail.]

 

[Option C1:Closing inviting possible future relationship]

We wish you every success in your endeavors and would be pleased to assist you in the future, should the need arise.

[Option C2:Closing where no future relationship anticipated]

We regret the circumstances that have necessitated this action, but we wish you every success in your future endeavors.

 

Very truly yours,

 

By:_______________

Sours: http://eric_goldman.tripod.com/ethics/disengagementletter.htm
Albert Bandura discuses Moral Disengagement
Disengagement Letter - Closing Letter (Sample And Form)

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Disengagement Letter - Closing Letter (Sample And Form) Form. This is a Georgia form and can be use in State Bar Of Georgia Statewide.

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Tags: Disengagement Letter - Closing Letter (Sample And Form), Georgia Statewide, State Bar Of Georgia

- SAMPLE DISENGAGEMENT LETTER - CLOSING LETTER RE: [ Subject ] Dear [ Name]: We wish to take this opportunity to thank you for allowing us to represent you in the [ describe ] matter. In order to tie up allthe loose ends, we will [ outline any final matters you will takecare of ]. In addition, you will need to [ outline everything theclient is responsible for at this time ]. Since this matter is now closed, we suggest that you keep all your copies of information relating to the matter in a safe place where you can easily locate them. We are closing our file, which will be kept for a period of [ 10 years ]. We are returning youroriginal [ records, documents ] related to your case. We hope this matter has been concluded to your satisfaction. We would appreciate your filling out the enclosed evaluation questionnaire. The information you provide will help us improve our services. Thank you for allowing us to represent you in this matter. If we can be of further assistance on this or any other matter, please let us know. Very truly yours, [ Insert Lawyers Name ] [ Insert Firms Name ] >>>> 2RE: ____________________________Dear __________________:We wish to take this opportunity to thank you for allowing us torepresent you in the ____________ matter. In order to tie up allthe loose ends, we will __________________________________________________. In addition, you will need to ________________________________________________________________________________________Since this matter is now closed, we suggest that you keep allyour copies of information relating to the matter in a safe placewhere you can easily locate them. We are closing our file, whichwill be kept for a period of ____________. We are returning youroriginal __________________________________ related to your case.We hope this matter has been concluded to your satisfaction. Wewould appreciate your filling out the enclosed evaluationquestionnaire. The information you provide will help us improveour services.Thank you for allowing us to represent you in this matter. If wecan be of further assistance on this or any other matter, pleaselet us know.Very truly yours,________________________________________________________

Sours: https://forms.justia.com/georgia/statewide/state-bar-of-georgia/law-practice-management/disengagement-letter-closing-letter-sample-and-18355.html

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