one paper planing memo

Instruction: You will be writing a letter to your client defining the legal relationship between your firm and your client. It is a great risk management tool and a way to make sure you and your client are on the same page. It’s signed by both the client and lawyer. There’s no set format for the letter, so I leave it up to you on how you want to structure it. Just remember, the purpose of this letter is to let your client know 1. The subject matter of your representation 2. The scope of your representation 3. The goals of your representation, 4. Fees – how will they be set, a fee estimate, etc. (Your firm should figure them out in advance to confirm in writing, the fees you discussed in your initial meeting and counseling session.), 5. Any other information you find pertinent to your representation.

KEEP IN MIND:

1. Never guarantee a particular result to your client.
2. May be helpful to point out the potential conflict of interest that you discussed and

your client agreed to waive.

SAMPLE LETTER

ENGAGEMENT LETTER AND FEE ARRANGEMENT Dear (Name):

Pursuant to our conference of January 30th, I have agreed to represent you in connection with (type of matter) [or] [in which we discussed (type of problem)], and we agreed to (insert appropriate details).

At this time, I want to thank you for selecting my law firm to represent you in this matter. I also wish to set forth our agreement as to payment of my fees. My fees for legal services are $(fee rate), plus any expenses that may be incurred, such as filing fees, deposition charges, copying costs, postage, and related expenses. My office will bill you approximately monthly depending upon the amount of work that was done on your file during that period of time. At this point in the case, it is difficult to estimate the amount of time and expense that will be necessary to adequately represent you in this case. However, as we discussed, I estimate the fee will be approximately $(dollar amount). I will also advise you before undertaking any procedures that will substantially increase the amount of fees. Please remember this is an estimate and may be subject to change.

You have deposited $(dollar amount) with my firm for fees and costs. My firm will hold your funds in my Lawyers’ Trust Account. I will provide you with a monthly statement of fees, costs, and expenses. After my office mails you the monthly statement, my staff will apply the funds to the fees earned, costs, and expenses incurred. You are also responsible for paying fees, costs, and expenses in excess of the funds that we hold. Should we exceed the retainer, we may bill you monthly for additional fees and

expenses. Payment must be made within 30 days. We reserve the right to withdraw should these bills not be paid. Further, we may ask that additional sums be deposited in our trust account should it appear necessary to cover additional fees and expenses.

I may send you pleadings, documents, correspondence, and other information throughout the case. These copies will be your file copies. Please retain them. I will also keep the information in a file in my office, which will be my file. Please bring your copy of the file to all of our meetings so that we both have all the necessary information in front of us. When I have completed all the legal work necessary for your case, I will close my file and return original documents to you. I will then store the file for approximately (number of years) years. I will destroy the file after that period of time unless you instruct me in writing now to keep your file longer.

As we discussed, you agree that we will proceed with representation despite our firm having spoken with Jackson, who may be pursuing legal action against you in another manner.

I have included a copy of this letter for your review, signature, and return to me in the postage-paid envelope. If any of the information in this letter is not consistent with your understanding of our agreement, please contact me before signing the letter. Otherwise, please sign the enclosed copy of this letter and return it to me.

On behalf of the firm, we are happy to represent you in this matter. If you have any questions, please contact me at your convenience.

Very truly yours, ______________________ (Your name)

I have read this letter and consent to it. Furthermore, I grant and give my informed consent after (your name) has proposed the course of conduct, has communicated adequate information, and has explained all material risks of and reasonable available alternatives to the proposed course of conduct.

__________________________________ (Client name) Date