Prospective clients can come from
anywhere: at a
cocktail party, through other clients, on the phone, and even through an
internet matching service. The increase
in use of electronic communications and decreasing personal contact can lead to
misunderstandings about when and whether the attorney-client relationship
begins.
Creating an
engagement letter that sets forth the duties and obligations which the
lawyer will perform for the client as well as pricing and compensation can help
to solve any misunderstandings that occur in the newly formed attorney-client
relationship.
But perhaps more important than an
engagement letter is a nonengagement
letter that does the opposite- to advise the client that he is not your client. An effective nonengagement letter for the
client would advise the individual to seek representation elsewhere. An effective engagement letter on the lawyer
side would clarify a potential misrepresentation problem which would serve to
limit potential malpractice claims.
There is a big
difference between giving legal advice (alert: you are entering into an
attorney-client relationship) and simply providing legal information. The difference can lead to malpractice suits
in addition to the fact that you will likely have to put in the time to
represent that client.
I think there is a great temptation to want to take every client that walks in the door and when asked about a legal issue, to answer it. The problem is that in doing so it makes a lawyer subject to an unwanted client relationship and makes the client receive less than superior representation; this is really a lose-lose situation. Clarity and communication are key to ensuring that people are getting (and not getting) what they want!
By: Violet Petran
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