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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.
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.
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of Client] Dear [Client's Name]: This letter will confirm our understanding that effective [DATE] this firm will no longer represent you in connection with [LEGAL MATTER].
Dear Mr. Lawyer, I have decided to terminate our current legal relationship immediately and have accepted legal counsel elsewhere. I am terminating this relationship because I have been calling your office for three months and have received no updates on my case status.
Be honestly kind, while sharing your genuine feelings. If angry or defensive feelings surface, remember underneath those feelings are softer ones such as sad, hurt, lonely, and worried. Only point out past experiences that you miss and want re-established.
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.
For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating on behalf of one will inherently be advocating against the interests of the other. Attorneys must take care to check for potential conflicts prior to accepting an individual as a client.