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