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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.
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.
Lead with the main purpose of your letter and then explain the reasons for your question or request. Be specific when referencing relevant information including names, dates and places. The more information you include, the better your attorney will be able to assist you.
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.
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 ...
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.