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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
Terms or Concepts Explained