Non-Engagement Letter Checklist
Date of Consultation
- set out the date of consultation
Reason for
Declining or Non-Engagement
- explain why you cannot or will not represent the individual
- professional conduct issues: e.g., conflict of interest (do not to
disclose confidential information regarding other client)
- fees issues: e.g., individual’s failure to pay money retainer
Confirm Not
Retained
- clearly state that you are not acting for the individual
Statute of
Limitations
- advise the individual of the consequences of missing a limitation
period
- if a limitation period is about to expire, refer the individual to
the applicable statute and indicate the need for the individual to take urgent
action
Recommend Legal
Representation
- recommend that the individual seek other representation
No Legal Opinion
- take care not to express an opinion on the merits of any claim or
matter unless you have conducted careful research to support the position
Return Property
to Individual
- if you received property or documents from the individual during a
consultation, return to the individual and confirm their return in the letter
Conflict of
Interest Issues
- in instances where representation is declined because of a
conflict of interest, if applicable, confirm that
- you have recommend that the individual to seek independent legal
representation, and
- if you received any confidential information regarding the
individual’s interests in the matter
Retain Copy,
Input Conflicts Checking System
- keep copy of letter in client file or file containing
non-engagement confirmations
- ensure information entered into conflicts checking system