RISK MANAGEMENT
FORMS AND CHECKLISTS
FOR LAW FIRMS

Date:  __________________________                           New Client ___ New Matter ___ 

Prospective Client Name: _________________________________________________________ 

Prospective Client Affiliates:     

___________________________________             __________________________________ 

___________________________________             __________________________________ 

Description of Matter:  

_____________________________________________________________________________  

_____________________________________________________________________________  

_____________________________________________________________________________ 

Adverse Party and Affiliates:                           Opposing Counsel:  

_________________________________        ___________________________________ 

_________________________________        ___________________________________ 

_________________________________ 

_________________________________  

Responsible Attorney: _____________________________________________________ 

Office sign off – Attorneys                                                             Staff            (Initials) 

_____ _____ _____ _____ _____ _____                       _____ _____ _____ _____ _____ 

_____ _____ _____ _____ _____ _____                       _____ _____ _____ _____ _____ 

_____ _____ _____ _____ _____ _____                       _____ _____ _____ _____ _____ 

Note: File cannot be opened until entire office has signed off.  If anyone is aware of any relevant information that is appropriate to share or has a potential personal or business interest conflict related to this matter or any name listed above, please immediately bring to the attention of the responsible attorney.

Date Names Entered in Conflict System: ______________________ By: _____________ 

1. Client _______________________________________________ Date ________________________

File No. ________________ Responsible Attorney ________________________________________

2. Contact ____________________________________________________________________________

Address _______________________________________ Phone ____________________________

_______________________________________ Fax _____________________________

_______________________________________ Email ____________________________

3. Matter (for file tab) ___________________________________________________________________

Summary description of work to be performed _____________________________________________

___________________________________________________________________________________

4. Adverse Party (and Affiliates) Opposing Counsel (Name & Address)

____________________________ _________________________________________________

____________________________ _________________________________________________

____________________________ _________________________________________________

____________________________ _________________________________________________

5. Assigned Attorney _______________________________

6. Fee Arrangements: Engagement Letter Sent? (___) Yes (___) No - Reason ___________________

Send Bill To: Bill: (___) Monthly (___) Upon Completion

______________________________________ (Name) (___) Retainer $________________

______________________________________ (Address) (___) Hourly

______________________________________ (___) Contingent

______________________________________ (___) Fixed Fee $________________

7. *Conflicts Check completed by _____________________________________ (*File can not be

*Conflicts Database updated by _____________________________________ opened if incomplete)

*New Client Memo circulated by ____________________________________

8. Calendaring - File Review Frequency (___) 30 Days (___) 60 Days

If subject to a Statute of Limitations: Applicable Statute _____________________________________

S.O.L. Date _________________ *Verified by __________________________ (Attorney Initials)

9. Source of Business ___________________________________________________________________

10. Notes:

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{Date}

___________________

___________________

___________________

Re: Employment of _____________________ by ___________________

Dear _____________________:

Thank you for selecting _________________________ to represent you with respect to _______________________________________________________________ _______________________________________________________________________.

This letter will confirm our recent discussion regarding the scope and terms of our engagement.

Our firm has agreed to represent you in [describe matter]. While I will be personally responsible for supervising this legal matter, I anticipate that other lawyers and legal assistants in the firm will also be working on this matter.

We will undertake the following work on your behalf [detail anticipated services by clearly defining and limiting scope of representation].

[Straight hourly option] You have agreed to pay for our services based on the time we spend working on the case. My current hourly rate is $___ per hour. The rates of our associates currently range between $___ and $___ per hour. Legal assistants, who will be utilized where appropriate to avoid unnecessary attorney fees, are charged at $___ per hour. These rates are subject to change once a year, usually in December. Generally, you will be billed for all time spent on your matter including telephone calls, email, and text messages.

[Value added billing option] You have agreed to pay for our services based on the time we spend working on your case, with allowance for reduction or increase in fees under certain circumstances. My current hourly rate is $___ per hour. The rates of our associates currently range between $___ and $___ per hour. Legal assistants, who will be utilized where appropriate to avoid unnecessary attorney fees, are charged at $___ per hour. These rates are subject to change once a year, usually in December. On occasion, time may be written off before a statement is sent because we feel there has been some degree of inefficiency in the work or for other reasons. On the other hand, fees may be raised above hourly rate levels, based on the complexity of the matter, superior results, or other factors. If applied, we will discuss any such increases with you, and believe you will find them appropriate.

We will forward billing statements monthly. They will contain a description of services, including the date, the person rendering the service, the amount of time involved, and a description of the task accomplished. Monthly statements will also itemize monies we have advanced on your behalf, such as service and filing fees, expert witness fees, court reporter fees, and charges for investigation, travel and accommodation, telephone and facsimile charges, and delivery charges.

As discussed, our current estimate for this engagement is $______. [Detail what the estimate does and does not cover] This estimate must be viewed as imprecise, since at this time my knowledge of the facts is limited. We will advise you if it appears fees will be significantly higher than this estimate. At such time, you may decide to restrict the scope of our efforts or we may make other adjustments. This estimate does not include cost items.

You have paid us the sum of $______ as an advance against fees and costs, which we have deposited in our trust account. After your receipt of monthly statements, we will pay the amount of the statement from the trust account. If any portion of the advance is unexpended at the conclusion of the case, it will be refunded to you. If the advance is expended, you have agreed to pay subsequent monthly statements on receipt or you can provide the firm with an additional advance of $ _____. If you choose to pay the charges monthly, an interest charge of one and one-half percent per month will be charged on statement balances not paid within 30 days of billing.

You will appreciate we can make no guarantee of a successful conclusion in any case. However, the attorneys of this firm will use their best efforts on your behalf.

[Insert any special disclosures that may be appropriate, such as potential conflicts of interest, client confidentiality issues, etc.]

If this letter fairly states our agreement, please so indicate by signing and returning the enclosed copy in the enclosed business reply envelope. As is always true, f you have any questions or concerns, please call me to discuss them.

We greatly appreciate the opportunity to represent you on this case and look forward to working with you.

Sincerely,

___________________

Clients:

____________________________________ Date: _______________________

____________________________________ Date: _______________________

Attorneys:

By: _________________________________ Date: _______________________

Letter 2

AGREEMENT FOR LEGAL SERVICES

The undersigned, hereinafter “clients”, employ the law firm of ____________________, hereinafter “attorneys”, to handle all claims of the clients or the clients’ minor children or wards against any and all persons arising out of [Clearly define and limit scope of representation.]

Clients and attorneys agree as follows:

1) Initial Evaluation: Clients agree to pay the cost of obtaining necessary records and of having an expert evaluate clients’ case and will deposit $______ with attorneys for this purpose. Any balance remaining will be refunded to clients if attorneys do not accept the case. Attorneys charge no fee for this evaluation.

2) Attorney Fee: Attorneys will receive an attorney fee of one-third of all sums recovered by settlement or trial. In the event an appeal is filed by any party, attorneys will receive forty percent of all sums recovered after the date a notice of appeal is filed. “All sums recovered” includes all monies paid in settlement or award of damages, attorney fees, costs, penalties or interest. The attorney fee will be calculated before deduction of costs. If there is no recovery, no attorney fee will be paid.

3) Costs: As required by attorney ethics rules, clients are responsible for payment of costs. Costs may include, but are not limited to, filing fees, service fees, witness fees, research fees, and charges for investigation, records, medical reports, photographs, exhibits, photocopies, facsimiles, telephone charges, postage, travel and accommodations, videotaping and depositions. Clients agree to pay attorneys $______ by __________, 20__, to be placed in attorneys’ trust account and applied as costs are incurred. If clients are unable to pay all costs as incurred, attorneys may advance costs. Unreimbursed costs will be deducted from any recovery after calculation of the attorney fee.

4) Advice Concerning Attorney Fee: Clients have been informed of the alternative of employing attorneys on an hourly fee basis. This alternative would require payment of a retainer at commencement of the case, payment of costs as incurred, and payment of fees each month at the rate of $___ per hour for partner services, $___ per hour for associate services and $___ per hour for paralegal services. In deciding to employ attorneys on a contingent fee basis, clients have considered the risks involved in this case, the experience and reputation of the attorneys, the uncertainty regarding the number of hours necessary to prosecute the case and the fact that the clients will ultimately decide whether to accept or reject a particular settlement offer. Clients are also informed that clients have the right to petition the court to determine the reasonableness of attorney fees charged by attorneys no later than ___ days following receipt of a written statement of the clients’ net recovery and the method of its calculation.

5) Structured Settlement: If any part of a recovery calls for annuity payments in the future, the attorney fee on this portion of the recovery will be computed based on the cost of the annuity, if known, or on the present value of the annuity, and shall be paid from the cash portion of the recovery at the time of settlement.

6) Authority, Duties and Representations: Clients authorize attorneys to file a lawsuit if and when attorneys consider it advisable. Clients will cooperate with attorneys and will timely respond to attorneys’ requests. Attorneys will make no settlement of clients’ claims without clients’ consent. Clients acknowledge that attorneys have made no guarantee of a successful result, and that any statements regarding the merit or outcome of the case are professional opinion only.

7) Associate Counsel: Attorneys reserve the right to associate other attorneys in clients’ representation, without additional expense to clients. Clients consent to such association and to a division of attorney fees as may be agreed upon between associated counsel and attorneys.

8) Probate: In the event a death requires commencement of a probate action to prosecute clients’ case, clients authorize attorneys to retain probate counsel. Fees and expenses incurred in any probate proceedings will be considered a cost item.

9) Medical and Subrogation Payments: Clients authorize attorneys to pay from clients’ share of any recovery of any unpaid medical bills or subrogation interests related to clients’ claim.

10) Withdrawal and Discharge: If clients discharge attorneys, or if attorneys withdraw for cause, clients agree to pay attorneys a reasonable attorney fee and any unreimbursed costs. The attorney fee shall be, at attorneys’ option, either an hourly fee for the attorney and paralegal time expended on the case; the contingency percentage of the last settlement offers; or, a pro rata portion of the contingent fee ultimately recovered based on the relative contributions of the case by our firm and any successor law firms, as determined by the law of quantum meruit.

11) Special Power of Attorney: Clients grant to attorney’s clients’ power of attorney to act as clients’ attorneys in fact to do all things necessary and proper in handling clients’ case, including the execution of checks, drafts, releases and other agreements pertaining to this case only.

Clients:

____________________________________ Date: ________________________

____________________________________ Date: ________________________

Attorneys:

By: _________________________________ Date: ________________________

Optional additions to consider including in a basic engagement letter:

Social Media Warning:

We strongly encourage you to refrain from participating in social media (Facebook, Twitter, Tumblr, Flickr, Skype, Instagram, Pinterest, and the like) during the course of representation. Information found on social media websites is not private, can be discoverable, and may be potentially damaging to your interests. Understand that information shared with others be it verbally; in writing via email, text message or letter; or even posted online could lead to the loss of attorney-client privilege were that information to relate in any way to the legal matter we are handling for you. In addition, do not attempt to delete any of your social media accounts out of a desire to avoid having anything posted there used against you. Doing so can also lead to serious consequences such as sanctions for destroying potentially relevant evidence.

We also advise you to refrain from communicating with us on any device provided by your employer or any computer, smart phone, or other device that someone else also has access to. Finally, when communicating with us, do not use your work email address or a shared email account. You should only use a private email account that is password protected and only accessed from your personal smart phone or computer.

File Retention Policy Notice:

During our representation of you, we will be forwarding to you copies of all pleadings, documents, correspondence, and other information that are generated or received by this firm. These copies will be for your file, which I encourage you to bring to every appointment so that both of us have all necessary information in front of us. At the conclusion of representation, we will close your file and retain it for ___ years. Your file will be destroyed after that time unless you instruct me in writing now or at the conclusion of representation that it is your wish to take possession of the file once our ___-year retention period has expired.

No Guarantee Notice:

It is difficult to accurately predict the length of time it will take to completely resolve your legal matter. Generally, these types of cases take [provide realistic, worse case estimate of time]; however, this is only an estimate. The actual time required may be greater than currently expected. Further, while we will use our best efforts in representing you, your signature below will serve as your acknowledgement that we can give no assurances as to the final outcome.

Succession Planning/Backup Attorney Notice:

While I strive to deliver excellent legal services to all my clients, I also have an ethical obligation to protect your interests during any extended absences, such as a vacation, or in the event of my unexpected death or disability. To accomplish this, I have named [insert name] as my backup attorney who will be available during any extended absences or will step in to assist in the winding up of my practice should that ever prove necessary. I will personally provide you with advance notice of any planned absences and my office staff or backup attorney will contact you with information on how to proceed should any unexpected event ever occur.

Fee Dispute Resolution Notice:

While this agreement is intended to prevent any confusion over the terms of our representation, should a fee dispute arise you agree to submit your fee dispute to binding arbitration with [insert the name of your local bar’s fee dispute resolution program]. By signing below, you acknowledge that you have the right to use other court forums to address fee disputes, but you now agree to compromise those rights by agreeing to submit any fee dispute to binding arbitration. Binding arbitration means that any decision made by the arbitration panel, in your favor or ours, will be final and non-appealable. In short, it will have the same effect and enforceability of any similar decision made by a court of law. The arbitration panel hears disputes in [list locality]. Our bar association will select the panel from a list of attorneys and lay volunteers who have agreed to hear fee disputes. There are no costs associated with obtaining panelists. We encourage you to seek additional independent legal counsel regarding this issue if you have any concerns about agreeing to submit any fee dispute to binding arbitration.

Early Termination Notice:

An effective working relationship is essential throughout the course of representation. Given this, should you become dissatisfied with our services at any point in time, please do not hesitate to immediately bring your concerns to our attention. Hopefully, we will be able to discuss and resolve the matter. If not, you may terminate our representation at any time. In the event you elect to do so, you will remain responsible for the payment of any fees earned as well as any expenses incurred. We may terminate our representation of you only as permitted or required by law or regulation. Please be advised that after reasonable notice, your failure to pay on your financial obligations to us or make deposits when due are two such causes that will result in our terminating representation.

Sample Multiple Client Conflict Waiver Notice:

You have asked us to represent you, [Client A] and [Client B], jointly in connection with [full description of matter]. We would be pleased to do so subject to the following understandings.

Although the interests of both of you in this matter are generally consistent, you both acknowledge that you recognize and understand that differences may exist or become evident during the course of our representation. Notwithstanding these possibilities, the two of you have determined that it is in your individual and mutual interests to have a single law firm represent you jointly in connection with this matter.

Potential conflicts of interest that might arise include but are not limited to: [Use “Murphy’s Law” to discern and describe all reasonably foreseeable ramifications to each client by their agreeing to joint representation]. In addition, it is possible that a circumstance could arise whereby our continuing with our representation could not occur without it adversely affecting one of you. Should this happen, we will be forced to terminate our representation of you both and it will be necessary for each of you to hire your own independent lawyers.

Accordingly, this confirms the agreement of [Client A] and [Client B] that we may represent you jointly in connection with the above-described matter. This will also confirm that the two of you have each agreed to waive any conflict of interest arising out of, and that you will not object to, our representation of each other in the matter described herein.

It is further understood and agreed that anything either of you shares with us will not be held in confidence from the other as we will have a legal and ethical duty to tell the other anything either one of you tells us in confidence; but only if it has any relevancy at all to any of the legal issues at hand. In fact, failure to reveal such information to the other would be a violation of the joint attorney-client relationship. In other words, your conversations with us are not privileged as between the two of you. If you want independent advice or wish to be able to discuss matters in complete privacy, you both will need separate counsel.

If you need to discuss the terms of this letter or any related issues, please contact us at your earliest convenience. However, if you agree that the foregoing accurately reflects our understanding, please sign and return the enclosed copy of this letter.

Therefore, we hereby state that we prefer that [Lawyer] represent us in this matter and that we refuse to exercise our right to hire independent lawyers

{Date}

____________________

____________________

____________________

Re: Termination of Attorney/Client Relationship

Dear _________________:

During the past _____ months, we have served as your counsel in the ________________ litigation. Over the course of this representation, you have paid $_______ in legal fees and expenses. Unfortunately, and contrary to our agreement, you have not made a payment on your account since __________________.

At this time, the outstanding and overdue fees and expenses total approximately $_______. While we would like to continue our relationship, we will not finance your case or work without compensation. Until now we have continued to represent you despite the growing delinquent account. We can no longer allow this situation to continue.

Currently, we believe the trial court will permit us to withdraw as your attorneys. There is still sufficient time for you to retain other counsel without jeopardizing your case or adversely affecting the court’s calendar. However, if we wait any longer, it is possible that one of these conditions for withdrawal may not exist.

If you obtain new counsel, we will be willing to discuss the case with your counsel under satisfactory arrangements to satisfy the outstanding account. Additionally, certain work product has been generated during the course of the representation. We will share it with new counsel to the extent our legal obligations require in the absence of full payment.

I enclose a notice of withdrawal that will be filed with the court in 10 days from the date of this letter. In the meantime, if you wish us to continue representing you, we would be pleased to do so if satisfactory arrangements are made to take care of the overdue account, and to ensure payment of future billings.

I look forward to hearing from you, and remain hopeful you can remain a client of the firm.

Sincerely,

________________________

Enclosure(s)

Sample Termination Letter 2

[Date]

____________________

____________________

____________________

Re: Termination of Attorney/Client Relationship

Dear _________________:

This letter will confirm our understanding that effective _________, this firm will no longer represent you in connection with __________________________________.

I urge you to promptly retain other counsel to represent you in this matter. I will cooperate with your new counsel during the transition process and will provide him/her with any original documents, correspondence, pleadings, investigative reports and records which I have not previously sent to you.

[Where counsel of record] I will notice the Court and have prepared the enclosed Order releasing me as counsel of record. Please endorse the Order releasing me and return it in the enclosed stamped envelope so I may present it to the Court for entry. Without your signature it will be necessary for you to appear at the hearing. If you have already retained new counsel please let me know who it is so I may forward the appropriate Order to your new attorney.

Sincerely yours,

[Name of Firm]

By______________________

[Name of Attorney]

Sample Closing Letter 1

{Date}

___________________

___________________

___________________

Re:

Dear _________________:

This is to confirm that all work necessary to our representation of you has been completed and we will take no further action on your behalf in regard to this matter. We wish to take this opportunity to thank you for allowing us to represent you. It has been our pleasure and we look forward to working with you in the future should the need ever arise. While our work is complete, you still yet need to take care of the following. [Outline everything the client must yet do as well as any legal ramifications if they fail to follow through].

We are returning your original [records, documents] related to your case and we are closing our file. As we discussed during our initial interview with you, your file will be kept for a period of [number of] years. The file will then be destroyed unless you request that we store it longer or return it to you at that time. If you wish us to store the file for a longer period or return it to you when our normal retention period expires, you must give us written notice of that desire within two weeks of your receiving this letter. Please note that you will need to be responsible for keeping us informed as to how to reach you should your contact information ever change.

We take pride in the level of service that we provide. We hope this matter has been concluded to your satisfaction and that you found our work to be exemplary. We would appreciate your filling out the enclosed evaluation questionnaire as the information you provide will help us continue to improve our services.

Again, thank you for allowing us to represent you in this matter. If we can be of further assistance on this or any other matter, please don’t hesitate to let us know.

Sincerely,

___________________

Enclosure(s) List

Sample Closing Letter 2

{Date}

___________________

___________________

___________________

Re:

Dear _________________:

This letter is to confirm that I have closed my file given my representation of you in the above referenced matter has concluded now that [the matter has been resolved/judgment has been entered/settlement finalized/transaction completed, etc.]. I do want to take this opportunity to thank you for allowing me the opportunity to represent you. It has been a pleasure and I hope you will allow me the privilege of representing you again in the future should the need ever arise.

In the meantime, I have enclosed your original documents as I no longer need to keep them and I thought you would want them for your records. It is my practice to destroy files [number of] years after I close them. If you would like me to return your file to you [number of] years from now instead of destroying it, please send me a note to that effect within the next thirty days so that we can segregate your file from all my other files and accommodate your request. You will need to be responsible for keeping me informed as to how to reach you should your contact information ever change.

[Insert here any follow-up required of the client. For example, if you have incorporated a new business, here is where you would clarify who will do what in the future relative to state regulatory filings and local, state and federal tax filings. Another example would be in estate planning where you should remind clients that they should bring the plan back to you or to another attorney every three years or so to make sure it still comports with their wishes and the then current estate tax laws.]

Best regards,

____________________

Enclosure(s)

Dear Ms. Jones and Ms. Smith,

Before I can begin to work on your behalf, I have an ethical duty to discuss potential conflicts of interest given that the two of you have asked me to represent you both, in addition to your proposed new [Partnership/LLC/Corporation] NewBusiness. The reason I must do so is our state’s rules of professional conduct for lawyers place limits upon any lawyer’s ability to represent clients whose interests are, or may in time become, adverse to each other. This is the situation here. The purpose of this letter is to make certain that our working relationship starts out on the right foot by making sure you both are fully informed of what I am allowed and not allowed to do under those rules.

During our initial discussion, both of you shared that you believe you have resolved all major potential points of contention between the two of you regarding the creation and operation of NewBusiness. Based upon this initial discussion, it does appear to me that you have agreed upon many of the issues including [set forth what has been agreed upon such the compensation plan, contributions, division of stock, etc.].

Nevertheless, it is possible that as the necessary documents begin to take their final form one or both of you may decide to change your mind with respect to one or more of the resolved issues. It is also possible disagreements may arise that none of us are currently aware of. For example, [List examples. Perhaps voting rights, dissolution issues, or buyout concerns have yet to be resolved].

If a disagreement were to arise, know that in accordance with our state’s rules, I would be prohibited from advocating the interests of either one of you against the other. The most I could do would be to set forth possible alternatives and highlight the general pros and cons to each of you individually. I would then urge both of you seek separate and independent counsel to assure that each of you is properly advised regarding any issues in dispute. Further, should your disagreements become numerous or too serious, it will become necessary for me to cease representing either NewBusiness, or the two of you, if not forced into having to withdraw from this matter entirely.

Also, by agreeing to have me represent you both jointly, understand neither of you should assume anything you say to me will be held in confidence from the other. With joint representation I will have an ethical duty to tell the other anything that one of you tells me in confidence if it has any relevancy at all to the legal issues at hand. In other words, your conversations with me are not privileged as between the two of you. If you want independent advice or wish to be able to discuss matters in complete privacy, you both will need separate counsel.

Finally, I am required to advise you both to seek advice from independent counsel in order to help you decide if you should consent to this joint representation. The decision as to whether you follow through and seek outside advice is up to you.

Feel free to take whatever time is necessary to think about and discuss all that I have set forth here. Just know that I am unable to commence my representation of you both until a copy of this letter has been signed and returned. If either of you have any questions you would like to discuss prior to making this decision, please don’t hesitate to ask. Otherwise, if your decision is to consent to being jointly represented, please date and sign the one of the enclosed copies of this letter and return it to me at your earliest convenience.

Sincerely,

______________________________________

We hereby consent to the representation as set forth above:

_______________________________________

Ms. Cheryl Jones

_______________________________________

Dated

_______________________________________

Ms. Shirley Smith

_______________________________________

JOINT REPRESENTATION OF MULTIPLE CLIENTS

Conflicts waivers of all types can be challenging to write because they must be fact specific. This is why generic sample forms are difficult to come by; and yes, this does mean that a client's signature on a standardized generic form should never be viewed as sufficient documentation that you have obtained your client’s informed consent. To document that you have obtained consent to any conflict of interest, you must thoroughly discuss and document in writing every specific issue that is causing the conflict. You must also delineate any potential adverse consequences that might arise should the clients agree to move forward with the conflict in play. Also include a statement that encourages your clients to seek outside advice as to the advisability of agreeing to waive any conflicts. Finally, if there is a real possibility that conflicts might arise down the road or are present at the outset, be sure to give your clients adequate time to decide if they wish to seek outside advice before you have them sign a conflict waiver.

SAMPLE JOINT REPRESENTATION CONFLICT WAIVER

[Client A] and [Client B] have asked us to jointly represent them in connection with [full description of the scope of representation]. Given that neither they nor we have as of yet detected a basis for a conflict, we would be pleased to agree to do so subject to the following understandings.

Although the interests of both of you in this matter are generally consistent, you both acknowledge that you recognize and understand that differences may exist or become evident during the course of our representation. Notwithstanding these possibilities, the two of you have determined that it is in your individual and mutual interests to have a single law firm represent you jointly in connection with this matter.

Potential conflicts of interest that might arise include but are not limited to: [Use “Murphy’s Law” to discern and describe all reasonably foreseeable ramifications to each client by their agreeing to joint representation]. In addition, it is possible that a circumstance could arise whereby our continuing with our joint representation could not occur without it adversely affecting one of you. Should this happen, we will be forced to terminate our representation of you both and it will be necessary for each of you to hire your own independent lawyers. In light of this possibility, we would recommend that you both seek independent legal advice to determine if it is in your best interest to consent to joint representation. However, whether you do so is up to you.

Accordingly, this confirms your mutual agreement to have us represent you jointly in connection with the above-described matter. This will also confirm that you both have each agreed to waive any conflict of interest arising out of, and that you will not object to, our representation of each of you in the

matter described above. Therefore, you hereby state that you prefer that [Lawyer/Law Firm] jointly represent you in this matter and that you refuse to exercise your right to hire independent lawyers.

Finally, know that anything either of you shares with us will not be held in confidence from the other as we will have a legal and ethical duty to tell the other anything either one of you tells us in confidence; but only if it has any relevancy at all to any of the legal issues at hand. In fact, failure to reveal such information to the other would be a violation of the joint attorney-client relationship. In other words, your conversations with us are not privileged as between the two of you. If you want independent advice or wish to be able to discuss matters in complete privacy, you both will need separate counsel.

If you need to discuss the terms of this agreement or any related issues, please contact us at your earliest convenience. If you have no questions and also agree that the foregoing accurately reflects your understanding, please sign and return the enclosed copy of this agreement.

[Signatures]:

______________________________________ ____________________

[Name] [Date]

___________________________________________________ ___________________________

[Name] [Date]

{Date}

____________________

____________________

____________________

Re:

Dear ___________________,

As I indicated in our initial meeting, the estate planning process often involves the joint representation of both husband and wife. However, I also advised you that in certain circumstances, it might be necessary or desirable for each spouse to obtain separate legal counsel in creating and implementing each of their estate plans. This may be appropriate in cases where there are children of prior marriages, where separate property of one or both spouses constitutes a sizable portion of the estate, when spouses differ in the intended dispositions of their estates, or any number of other possible scenarios. Furthermore, certain estate planning techniques may be beneficial to the estate of the husband and wife as a whole, while at the same time adversely affect or limit the potential future use and disposition of estate assets by either or both spouses.

With the above in mind, I have an ethical duty to inform you of the possibility that conflicts of interest may now exist or may come to exist at some time in the future as to your estate plans. In order to proceed with the planning process, it is necessary for me to obtain your written consent to represent both of you in implementing your plans.

If you choose to have me represent you jointly, I will be under the legal duty to immediately tell the other spouse anything that one of you later tells me in confidence that relates to your estate planning. Failure to reveal such information to the other spouse would be a violation of the joint attorney-client relationship. In other words, your conversations with me are not privileged as between the two of you even though they are privileged as against everyone else.

Further, I am only allowed to represent both of you if I am able to act to the best of my ability on behalf of each of you. If a disagreement as to how your estates should be structured arises between the two of you, it is likely that I will not be able to continue to represent either of you and would, in fact, be forced to resign.

In our initial meeting, each of you indicated you would like me to represent you jointly. This written explanation is intended to make certain each of you fully understands the duties imposed on me by your agreeing to joint representation. In order for the file to reflect this, and assuming that neither of you wishes to change your mind, I am asking each of you to take a day or so to think over the contents of this letter. If you still agree to my joint representation, please sign the enclosed documents and return them to me. Be advised that I am unable to begin drafting any documents relative to your estate unless and until I receive the signed waivers from both of you. Finally, I would recommend that you each consider consulting with separate counsel if either of you have any hesitation about deciding whether to consent to joint representation.

If you have additional questions or concerns about these matters, I would be happy to consult with you as necessary.

Sincerely,

____________________

Enclosures

CONSENT TO JOINT REPRESENTATION BY HUSBAND

I hereby agree, and reconfirm my previous decision, to have _______________ represent my wife and me jointly with regard to our estate plan. While everything that either one of us reveals to our attorney is to be kept in strict confidence as to others, I hereby authorize and direct our attorney to tell my wife anything that I reveal to our attorney about my estate plan while we are married, even information that I reveal to our attorney outside of my wife’s presence. I understand that my wife will be giving our attorney the same authorization and direction.

___________________________________

[Husband’s Name]

___________________________________

[Dated]

CONSENT TO JOINT REPRESENTATION BY WIFE

I hereby agree, and reconfirm my previous decision, to have _______________ represent my husband and me jointly with regard to our estate plan. While everything that either one of us reveals to our attorney is to be kept in strict confidence as to others, I hereby authorize and direct our attorney to tell my husband anything that I reveal to our attorney about my estate plan while we are married, even information that I reveal to our attorney outside of my husband’s presence. I understand that my husband will be giving our attorney the same authorization and direction.

___________________________________

[Wife’s Name]

___________________________________

[Dated]

The identity of _ (Firm Name) ’s clients, our legal work and office operations must be kept strictly confidential at all times. Although you are authorized to provide products and services to our firm or perform service work on our equipment on or off the office premises, as an express condition of your contract with us and for all past and future products and services, it is agreed that you and any employees or subordinates performing work under your direction shall absolutely refrain from listening to any client communications and the viewing or reading of any client paper-based documents or electronic files. You further agree and accept that any listening, viewing, reading by you, or any other person under your direction or control, of our client or office computer files, documents or communications or your disclosure of such in any manner to anyone is absolutely prohibited. Any indiscretion is grounds for immediate termination of our business relationship.

_________________________________ Dated _____________

(Signature)

_________________________________

(Company)

cc: Company

Confidentiality is very important to the attorney-client relationship. It is critical that all client confidences be protected at all times by those who on behalf of this firm assist any client during our legal representation of them. This applies to every lawyer and all non-lawyer staff. Everyone who works at our firm is required to maintain all confidences of all clients without exception. Further, understand that this duty to the client continues even after our legal representation of the client has ended and even after you leave the firm. A failure on the part of the firm to maintain confidentiality could compromise or prejudice the client and at the very least would be a serious breech of the client’s trust in this firm.

As a general rule, nothing learned in this office (including information that may be learned from casual conversation) shall ever, under any circumstances, be disseminated to anyone (spouses and family members included) outside of this law firm. Even information that may already be “public knowledge” is not to be discussed by you with anyone outside the firm. Discussions with another member of the firm regarding a client’s matter should whenever possible occur within the firm where the client’s confidentiality can be best protected; however, if circumstances arise where you must discuss a client's matter while outside the firm, you must take whatever precautions are necessary to prevent anyone else from overhearing you. Our clients deserve to have their matters handled in a professional and confidential manner at all times and our firm will not waiver from this principle.

Any questions about this policy should be directed to your supervisor, or the firm administrator. By signing below you acknowledge your understanding and acceptance that any indiscretion with any client confidence is grounds for immediate termination.

Signature: __________________________________ Date: _________________

[Date]

Re: [Identify Matter]

Dear [Client Name],

Effective [date], I will cease practicing law due to [identify the reason, if appropriate] and thus my representation of you will necessarily come to an end on that date.

Because this matter has not yet reached a conclusion, I recommend you immediately hire another attorney who will be able to step in and see this matter through to completion. You are free to select any attorney you wish. If helpful, I would be happy to provide you with a list of local attorneys who practice in the area of law your matter requires. Also, our State Bar Association provides a lawyer referral service and their number is XXX-XXX-XXXX.

It is imperative that you hire a new attorney without delay in that [Insert appropriate reason to include notification of any time limitations or other critical information that the client would need to be aware of.] Once hired, please provide me with written authority to transfer your file to your new attorney; or if you prefer, you may come to my office to pick up a copy of your file so that you may personally deliver it to your new attorney.

I [or insert the name of the attorney or firm who will store your files] will continue to store my copy of your closed file for [list relevant period in accordance with your firm’s file retention policy] years. After that time, I [or name listed above] will destroy my copy of your file unless you notify me in writing within the next 30 days that you do not want me to follow this procedure and I will try to make alternative arrangements that will better meet your needs. If a copy of your closed file is ever needed you may reach me [or name listed above] at XXX-XXX-XXXX.

Within the next [number] weeks I will be providing you with a full accounting of any trust account funds still in my possession as well as a statement of any fees that remain outstanding.

You will be able to reach me at the address and phone number listed above until [date]. After that time, I may be reached at the following phone number and address. [List Name, Address, Phone, and/or Email]

Again, please don’t delay in trying to hire a replacement attorney in order to protect time limitations applicable to your case and make certain that your legal rights are preserved.

It has been a pleasure to be of service to you and please don’t hesitate to check with me if you have any additional questions or concerns.

Sincerely,

Client/Matter Name: File Number:  

File Title: Matter Code:  

Responsible Attorney(s) _______/_______/_______ Closing Date:   

Attorney Resp. for Final File Closing Review:  

Date File Closing Letter Sent to Client:

Checklists for Closing Your Practice and Winding Up Your Business

Common reasons lawyers close their practices include a medical disability, wanting to retire, a move out-of-state, or a career change. While the specific steps that need to be taken and the time frame involved can vary significantly depending upon the reasons driving the closure and the type of practice being closed, the following checklists cover the basics of what most lawyers will need to think about. If time allows, be prepared for the process to take six to twelve months and sometimes longer because the obligations to protect client confidences as well as the interests of the client make closing a law practice more difficult than closing other types of businesses. Finally, note that jurisdictional rules do differ, thus a review of your local rules and ethics opinions, perhaps coupled with a call to your local bar counsel would be well advised early in the process.

Checklist for Closing Your Practice

____ Build out a timeline and assess the status of all active matters.

____ Let your most trusted staff know what your plan is as you’re going to need their help in implementing it. Additionally, key staff deserves to know your intentions once you know the date you hope to have the transition completed. If possible, give them a date certain and advise them if you are willing to be a reference for them. After all, these folks need to be able to plan for their transition as well.

____ Cease taking on any new matters.

____ Bring to completion and close as many active matters as you can.

____ Notify all clients of your plans on matters you are unable to complete. This letter should advise them that you are unable to continue representing them and that they will need to retain new counsel. Inform them about relevant time limitations and time frames important to their matter. Explain the how and where they can obtain a copy of their file and set forth a deadline for doing so.

____ Provide active clients with copies of their file and keep your original files. Clients who pick up their file should sign a receipt. Clients who wish to have their file transferred to another attorney should sign an authorization for you to do so.

____ Notify the court. On matters with pending court dates, depositions, or hearings discuss how to proceed with each client. Request extensions, continuances, and the resetting of hearings where called for. Send written confirmation of these changes to opposing counsel and your client. Obtain permission to submit a motion and order to withdraw as attorney of record.

____ Confirm you are out. On matters before an administrative body or court, pick an appropriate future date to check and confirm that a substitution of counsel has been filed or that your motion to withdraw has been granted and then follow through with checking.

____ Notify all clients of your file storage arrangements. Let them know where files will be stored, how they can obtain a copy if ever necessary, and if not previously addressed, set forth your file retention policy. If closed files will be stored by another attorney, obtain client permission to have the closed files transferred and provide contact information for this attorney.

____ Closeout your trust account once it has been audited and reconciled. If funds are to be transferred to a new attorney, disburse those funds by making the check payable to the client and the new attorney. Notify the bar that your trust account has been closed and maintain your trust account records in accordance with the rules in your jurisdiction.

____ Preserve your books and records. In a number of jurisdictions, RPC 1.15 requires you to keep general and trust account records for at least five full years following the termination of the fiduciary relationship. This information can be preserved in a digital format.

____ Review your malpractice policy and contact your carrier in order to understand the options and costs associated with the purchase of an extended reporting endorsement, commonly referred to as a “tail.”

____ Notify relevant bar associations and professional organizations.

____ Deal with client property still in your possession such as original wills, client corporate books, unclaimed funds, etc.

Checklist for Winding up the Business

____ Give notice of termination of all rental or lease agreements.

____ Cancel your telephone service and arrange to have calls to your office number forwarded to your home or other number or consider placing an automated message on your office line that will remain active for at least several months post closure.

____ Address any confidentiality and file storage concerns with computers and related tech. Prior to donating, selling, or giving away any device, backup all data that you wish to maintain long-term and then wipe the data from every device.

____ Notify all vendors and make plans to close these accounts.

____ Cancel or change any existing advertisements and legal directory listings wherever possible. Don’t forget about your website and social media presence.

____ Meet with your accountant to discuss dissolution of your firm, obtain tax advice, establish the schedule for preparation of final financial statements, determine what state and federal agencies need to be notified, etc.

____ Meet with any lenders to discuss repayment of outstanding loans.

____ Cancel all firm credit cards.

____ Determine where and for how long you will need to store your business records.

____ Determine where mail and e-mail should go post closure then notify the post office and make any necessary changes to all email accounts.

____ Consider setting up an automated reply on email accounts that are to be closed and placing a static page on your website that announces the closure of your practice along with information about where closed files will be stored.

____ Cancel all business memberships and subscriptions to include online accounts.

____ Determine the disposition of furniture, fixtures, library, art, etc.

____ Make arrangements to have all utilities turned off in a timely fashion.

____ Check with your accountant or financial planner regarding retirement plans and rollover options.

____ Notify all insurance companies, to include your premises liability and workers compensation carrier. Don’t forget to obtain advice on conversion options for health, life, and disability insurance.

____ Close the operating account once all outstanding receivables have been collected and all outstanding bills have been paid.

____ Dispose of unused office supplies. Schools or charitable organizations would be pleased to be the beneficiary of such items.

____ Destroy all unused checks, deposit slips, etc.

____ Avoid potential fraud and identity theft issues by responsibly “retiring” your online presence to include your firm’s domain name, website, email accounts, online listings, and social media profiles. This link will take you to a great resource that details all you should be thinking about as well as the steps you will need to take.

Checklist for Becoming Cyber-Secure

This checklist is intended to help those who have a desire to become more cyber secure know where to start. It may also be helpful in identifying areas of concern that can and should be discussed with IT support personnel. Most importantly, be aware that cybercrime attack vectors will continue to change and evolve as will the sophistication of the attacks. Becoming cyber secure is an ongoing process, not a once and done effort. That said, here are the basics; and note that when the word “devices” is used, this word is meant to include computers, servers, all mobile devices and any home computers that are being used for work.

____ Cyber criminals often target older devices and software, so keep hardware and software as current as possible because newer devices and applications typically include improved security features. Also note that software which is no longer supported, meaning security updates are no longer issued, cannot ethically be used.

____ Keep your server in a locked room because physical security matters!

____ Install robust Internet security software suites on all devices.

____ Utilize effective intrusion detection systems.

____ Use a spam filter.

____ Disable popups through browser configurations and/or install an ad blocker on all devices.

____ Keep all software on all devices up to date by promptly installing all critical security patches as they are released.

____ Determine where all office data is stored by creating a network diagram and make sure this diagram remains current because it will be useful to digital forensic experts in the event of a security breach. In addition, this diagram can and should be used to create a security policy that responsibly addresses every situation where any data resides.

____ Identify all laws and regulations which may apply to your data in order to make sure you are in compliance with these laws and regulations. For example, does your firm hold data which is governed by HIPAA, HITECH or Sarbanes Oxley? Do you hold personally identifiable information?

____ Password protect all devices.

____ Use two-factor authentication when and wherever possible. This is particularly important with all banking and financial sites.

____ Develop a password policy that mandates the use of strong passwords (or passphrases) if the device or application will accept them. Strong passwords are defined as being 16 characters or more in length using a combination of uppercase and lowercase letters, numbers, and special characters. Note: Every application and device in use should have its own unique password and no password should ever be reused once changed. The use of a password manager can make this task easier and more secure than, for example, storing passwords in a file labeled “passwords” or writing them down and placing that list in a desk drawer.

____ Prohibit the sharing of user IDs and passwords with anyone, to include others within the firm.

____ Have your IT support person change the default values, for example default passwords, on all wireless routers, server operating systems, etc. because these values are freely available on the Internet.

____ Wireless networks should be set up with proper security to include enabling strong encryption. This means you must disable WEP and WPA encryption and require WPA2 encryption. If the router supports WPA3 encryption, use it. Do not overlook home networks if home computers are being used for work.

____ In order to prevent access to your firm’s confidential data, set up a properly configured wireless guest network. No guest should ever have direct wireless access to your firm’s network.

____ Backup all data, periodically do a test restore of the backup, and store the backup in accordance with a disaster recovery plan because floods, fires and ransomware attacks happen. Backups must be encrypted if taken off site or stored in the cloud, and if using a cloud vendor, the vendor should not have access to the decryption key.

____ Any mobile device that goes off site and contains any personally identifiable information and/or client confidences must be password protected, should have the ability to be remotely wiped if lost or stolen, and should be encrypted. This includes jump drives, external hard drives, laptops, smart phones, and tablets.

____ Limit privileges and access as appropriate. For example, does everyone in the office need access to the firm’s financial or employment records? Can everyone download and install anything they want on any device they have access to? Can everyone make changes to the system configuration? Don’t make it easy for cybercriminals. Place limits on what people can do. Such limits can either be set up electronically via file permissions or physically via a locked door or cabinet.

____ Encrypt any email if it contains confidential information or use a secure client portal. Check with your IT support for help with proper installation and configuration of your selected solution.

____ Encrypt all data you place in the cloud. Some cloud companies advertise that they encrypt your data but only do so while the data is in transit. You must make certain your data is encrypted “at rest” as well. Better yet, don’t rely on the cloud provider for this at all. Encrypt your data before placing it in the cloud to enable you to have control over the encryption key.

____ Read the terms of service of any third-party vendor that will hold your confidential data. Remember, the standard of reasonableness applies. At a minimum, you need to know and understand what happens to your data while in the hands of an outside vendor in order to allow you to responsibly address any concerns.

____ Mandate that all work-related Internet sessions be encrypted and prohibit the use of unsecured open public Wi-Fi networks. This does mean that access to the office network must always occur using a VPN, MiFi, smartphone hotspot or some other type of encrypted connection.

____ Prohibit the use of any public computer for any reason. This would include the use of computer stations made available in the business center of a resort or hotel just as one example.

____ Have a policy that prohibits the jailbreaking of any mobile device that will be used for work. Jailbreaking is defined as modifying the operating system from its original state.

____ Never allow a non-employee to have access to your network absent appropriate oversight. In a similar vein, immediately cut off all avenues of access to the network for anyone who has been terminated. Absent a trusted escort, terminated individuals should never have access to any office computer or the office network, even if all they want to do is download personal files.

____ Provide mandatory data security and social engineering awareness training to everyone at the office at least every six months.

____ Develop a cyberbreach incidence response plan and provide the necessary training. At its most basic, if anyone suspects a device has been breached, teach them how to immediately disconnect from the Internet and/or the office network and instruct them to contact IT support immediately. They should never try to resolve the problem themselves!

____ Purchase a cyber liability insurance policy.

____ Check your internal and Internet-facing network security at least annually to make sure your network is secure. This can be done by having a vulnerability assessment or penetration test done.

____ Properly dispose of any device or digital media that has or had any business-related data on it. Don’t overlook digital copiers, digital cameras, memory cards, CDs, DVDs, jump drives, backup tapes, etc. All devices and media must be digitally wiped clean and/or physically destroyed. This does mean that devices cannot be given away for personal use, donated, recycled, or sold unless the entire drives have been overwritten. Note: a restore to factory default settings is not an acceptable alternative to wiping a drive.

Conflict of Interest Search Terms* 

(This is a guide, not necessarily a complete list.) 

A Checklist for Lawyers Who Wish to Share Office Space

Entering into an office sharing arrangement can be quite beneficial for all involved, particularly if all the associated ethical, malpractice, and insurance coverage concerns are responsibly addressed up front. Here’s one reason why: malpractice policies typically exclude coverage for all claims that arise out of or in connection with any act, error, or omission committed by an attorney with whom an insured shares office space and who is not an insured under the insured’s policy. Stated another way, if your independent office mate gets sued for malpractice and you are named in that suit and were not involved with or even aware of the client who filed that suit, your policy would provide no coverage for this claim. Unfortunately, this is one of the risks that just comes with a decision to share office space. The good news is the risk of having to deal with something like an uncovered claim can be mitigated. The following checklist can help you get there.

1) _____ Review applicable state bar ethics opinions on office sharing to make certain the arrangement and all internal policies and procedures are compliant with your ethical obligations.

2) _____ Focus on Clear Indicia of Separation to Avoid Becoming a “Firm by Estoppel”

• No common advertising or shared branding! All signage, letterhead, business cards, directory listings, websites, and any other advertising should never make it appear that the lawyers in the shared space are practicing together. This means terms such as “association,” “affiliated,” or “of counsel” should not be used unless those wanting to use such terms intend to hold themselves out as a firm.
• Each separate practice should have a distinct firm name, email domain, logo, phone number (where possible), and web presence.
• Mandate the use of engagement agreements by all that clearly state each lawyer in the shared space operates as an independent law practice.
• Maintain separate trust accounts and operating accounts.
  
  

3) _____ Prioritize Confidentiality and Information Security

Physical Premises

• Maintain separate lockable offices, file cabinets, and storage spaces.
  
  

Internal Policies and Procedures

• Prohibit common staff personnel from opening mail, taking detailed messages, receiving or sending faxes and substantive email or text messages in order to avoid the loss of attorney-client privilege.
• Ensure clients cannot overhear privileged discussions by establishing an office-wide policy that prohibits:
  • Talking about client matters near or in any public space including the reception area, conference rooms, and hallways.
  • Leaving client file materials in any shared space such as a conference room, kitchen, or breakroom.
  • Leaving client file materials in places like an unlocked shredding bin, common garbage can, or a shared fax machine.
  • Leaving office doors open when visiting with a client in person or on the phone.
• Prohibit separate practitioners from taking on common clients absent a formal co-counsel agreement.
• Establish a process for conflict checks and prohibit separate practitioners from taking on adverse parties absent client consent obtained in advance and in writing.
  
  

Technology & Digital Security

• Password protect all computers and mobile devices in accordance with the provisions of a strong password policy.
• No shared networks absent network segmentation, firewalls, and strict access controls.
• Maintain separate email systems, case-management software, cloud storage, and backups.
  
  

Reception & Support Staff

• Require signed confidentiality agreements with all staff.
• Train staff on how to avoid cross-disclosure of information and appropriately handle misdirected calls, mail, or other client communications.
• Ensure that shared staff never open mail or have access to any confidential or privileged information.
• Ensure that reception staff never introduce the lawyers as being “with the same firm.”
  
  

4) _____ Have a Written Office Sharing Agreement – Risk Management Issues Worth Addressing Include:

• Establishing who has a say in deciding who can practice in the shared space and under what conditions and who will handle the administrative responsibilities of any shared staff.
• Establishing who will be responsible for the purchase, maintenance, repair, and replacement of shared office equipment and furnishings.
• Setting forth dispute resolution procedures, termination rights, notice periods, and exit obligations.
• Requiring that everyone purchase and maintain an appropriate level of malpractice coverage.

There are a wide variety of disclaimer language examples in use on law firm websites and taking a little time to see what others are doing can be worthwhile. Regardless, make sure that you draft a disclaimer that will address the specifics of your practice and the unique issues that will arise based upon the design of your website.

The two most important types of disclaimers for your website are the general contact disclaimer and the general information disclaimer.

Contact disclaimers are typically used wherever an email address, email hyperlink, or submission form has been provided for a potential new client to contact the firm or an individual firm attorney. The following are just a few examples that may help you identify the issues that will need to be addressed. Note that four of the examples are what are referred to as “click through” disclaimers. This type of disclaimer is thought to provide a little extra protection from being tainted by requiring the prospective client to accept the terms of the disclaimer before being able to send an email to the firm.

In addition, every law firm website should contain a general information disclaimer regarding the accuracy of any content on the website and the fact that the content should never be relied upon as specific legal advice. This general disclaimer should also disclaim any responsibility for information on any third-party website that you have provided a link to. Also add in a copyright statement if appropriate.

Finally, some legal websites are also including privacy policies regarding how any information submitted is or will be used.

Sample Contact Disclaimers

General Website Contact Disclaimer:

The use of the Internet or this form as a means of contacting this firm or any individual attorney of this firm will not establish an attorney-client relationship, thus do not use this form to submit confidential or time-sensitive information. Whether you are a new or existing client of the firm, (Firm Name) cannot represent you on any new matter until we have made a determination that there is no conflict of interest and that we are willing and otherwise able to accept a new engagement. Unless and until (Firm Name) has informed you we are willing and able to accept your new matter, do not send to us any information or documents you consider private or confidential.

Click Through Website Contact Disclaimer #1:

Please read the following information before sending your email:

You have clicked the mail address of (Firm Name) or one of our attorneys. Before accepting any representation, our professional obligations require that we make a determination as to whether there are any actual or potential conflicts with any current or former clients of the Firm. In addition, we do not accept any representation solely as a result of having been contacted via email.

By sending this email, you acknowledge that you will not become a client of (Firm Name) merely by sending this email or by the Firm's receipt of it. Any information you send to this Firm before an attorney-client relationship is acknowledged by the Firm will not be considered confidential or protected by the attorney-client relationship. Do not send any information in this email that is, or that you wish to be treated as, confidential.

[Acknowledged. Please continue.] [Cancel and exit.]

Click Through Website Contact Disclaimer #2:

Please Read Before Sending Email. Note that any communication with (Firm Name) via email through this website does not constitute or create an attorney-client relationship with (Firm Name). Please do not send any confidential information. A conflicts-of-interest procedure must be completed by (Firm Name) prior to the establishment of an attorney-client relationship. Only after you execute an engagement letter from the (Firm Name) you will be our client and then you may freely begin to exchange information with your attorney.

By clicking “Accept,” you agree that we may review any information you transmit to us. You recognize that our review of your information, even if it is highly confidential and even if it is transmitted in a good faith effort to retain us, will not preclude us from representing another client directly adverse to you even in a matter where that information could and will be used against you.

__ Accept

__ Decline and exit

Click Through Website Contact Disclaimer #3:

Thank you for contacting (Firm Name). While we're happy to have you contact us by telephone, mail, email, or facsimile; contacting (Firm Name) or any of our attorneys does not establish an attorney-client relationship. The formation of an attorney-client relationship requires the consideration of many factors to include possible conflicts of interest. An attorney-client relationship is formed only when both you and (Firm Name) have signed an engagement letter that details the scope of our engagement and the terms thereof.

PLEASE DO NOT CONVEY TO US ANY INFORMATION WHICH YOU MAY REGARD AS CONFIDENTIAL UNTIL A FORMAL ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED BETWEEN YOURSELF AND (FIRM NAME). BY CLICKING “I AGREE” BELOW, YOU ACKNOWLDGE THAT ANY INFORMATION WHICH YOU MAY CONVEY TO (FIRM NAME) BY THE INTERNET OR BY EMAIL MAY NOT BE SECURE AND ANY INFORMATION CONVEYED PRIOR TO ESTABLISHING AN ATTORNEY-CLIENT RELATIONSHIP MAY NOT BE PRIVILEGED OR CONFIDENTIAL.

__ I Agree

Click Through Website Contact Disclaimer #4:

Before sending your email to us, you must understand and acknowledge the following:

This website provides general information about (Firm Name), its practice areas, and its professional staff. The information provided here is not intended to provide you with any legal advice in regard to any legal matter you may have.

Until such time as (Firm Name) has resolved any and all potential conflicts of interest that may be related to your representation and has agreed to be engaged as your legal counsel, you are not represented by (Firm Name) or any of our attorneys and have not become a client of the Firm.

The sending of this email or otherwise contacting (Firm Name) will not create an attorney-client relationship and no disclosure by you before this firm agrees to represent you will prohibit this firm from representing any person or entity adverse to you.

Only if and when (Firm Name) has confirmed to you that it is willing and able to represent you should you send the Firm any information or documents that you consider private or confidential. Such information will not be treated as private, confidential, or otherwise protected from disclosure until (Firm Name) has confirmed that it is able and willing to represent you.

If you choose to ignore this warning and submit any information that you believe or otherwise assert to be confidential or privileged, then by clicking on the “Accept” button, you agree that your submission will not preclude (Firm Name) from representing a client in a matter adverse to you where that information could be used against you.

__ Accept

__ Decline

Sample General Information Disclaimer

(Firm Name) has placed the information on this website as a service to the general public. Use of this website does not in any manner constitute an attorney-client relationship between (Firm Name) and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney.

This web site could include inaccuracies or typographical errors. The materials on this website do not constitute legal advice, do not necessarily reflect the opinions of (Firm Name) or any of its employees, and are not guaranteed to be correct, complete, or up-to-date.

The articles and information on this web site are provided as is without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Each individual document published by (Firm Name) on this website may contain other proprietary notices and copyright information relating to that specific document.

(Firm Name) hereby authorizes you to view, store, print, reproduce, copy, and distribute any pages within this website for non-commercial use only. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein and (b) this page is included with any distribution.

Links Disclaimer:

Some links within the (Firm Name) website may lead to other sites that we believe may be useful or informative. The (Firm Name) website does not incorporate any materials appearing in such linked sites by reference. These links to third-party sites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third-party information, products, or services found there. We do not maintain or control these sites and accordingly make no guarantee concerning the accuracy, reliability, or currency of the information found there

[Date]

_________________________

_________________________

_________________________

RE: Smith v. Brown

Dear Ms. Smith:

Effective [date of withdrawal], your attorney Ms. Wilson will be withdrawing from the law firm of Day, Wilson & Jones, LLC, which will thereafter be known as Day & Jones, LLC. Effective that same day [date], Ms. Wilson will begin practicing law with the firm of Wilson and Associates, PC, 333 State Street, Anytown, MT; telephone 406.123.2345.

We have appreciated the opportunity to serve you in the past and hope to be able to continue to do so on a going forward basis. Regardless, during the transition period, Mr. Howard of the firm Day & Jones, LLC, will handle your ongoing legal work without any interruption of service.

You do have the right to select the attorney and firm who will represent you in the future. You may choose to stay with Day & Jones, LLC; have your file transferred to Wilson and Associates, PC; or you may request to have your file delivered to another law firm. If you wish, you may use the attached form to designate your choice of attorneys. In the event you choose another firm, we will of course cooperate in the smooth transition of your files.

Should you have any questions about this change, please contact us for further information.

Sincerely,

Day & Jones, LLC

By _________________________

Wilson and Associates, PC

By _________________________

Please sign and return

[Date]

Day & Jones, LLC

1121 Center St.

Anytown, MT 59899

RE: Smith v. Brown

Dear Mr. Day:

o I choose to have Day & Jones, LLC continue to handle the above-referenced file in the future.

o I choose to discharge Day & Jones, LLC and transfer the above-referenced file to Wilson and Associates, PC.

o I choose to transfer my file to the law firm of _______________________, thereby discharging the firm of Day, Wilson & Jones, LLC.

With respect to any files which I have decided to transfer to _______________________, please make arrangements to transfer those files promptly in an orderly manner. I acknowledge that Day, Wilson & Jones, LLC has a compensation claim for services rendered and expenses advanced on my behalf to date.

_________________________

Signature

_________________________

Print Name

_________________________

Date