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Non-engagement letters are precisely what they sound like: the alternative of an engagement letter. Right here’s why sending them is an excellent thought.
While you converse to potential shoppers, your aim is to listen to them say, “You’re employed!” — or phrases to that impact. Then out goes the shopper engagement letter, in comes the retainer and off to work you go. Isn’t that the purpose of a regulation observe, in spite of everything? Meet new shoppers, get retained, do the work, assist your shoppers and make a dwelling.
However have you ever given a lot thought to the potential shoppers who in the end say, “You’re not employed”? These non-clients can come again and chew you in case you’re not cautious.
Sadly, if we’re not employed after the preliminary dialogue with a possible shopper, most of us transfer on with our enterprise and don’t give them one other thought. Earlier than you progress on subsequent time, take into consideration sending out a non-engagement letter, or a letter of closure.
What Is a Non-Engagement Letter?
Non-engagement letters are precisely what they sound like: the alternative of an engagement letter. They impart to non-clients that they’re, in truth, not your shopper. The primary time I despatched one I felt humorous writing one thing so apparent to me. Sure, we spoke; no, you didn’t rent me. It sounded a bit like bitter grapes to write down a letter stating what occurred.
It’s a good observe, although, and listed below are two widespread eventualities that present why.
The Unsuccessful Interview
Attorneys converse to folks on a regular basis who’re considering hiring a lawyer or selecting amongst potential counsel. Not all will rent you. But, as potential shoppers, they do let you know about their case. There isn’t any ongoing obligation to signify somebody who got here to discuss to you, however having obtained details about the case does restrict what you are able to do for others who may be concerned in the identical matter. Plus, you almost certainly shared your preliminary impressions of the case. You won’t suppose you “rendered authorized recommendation,” or supplied counsel, however they could really feel in a different way. In the event that they go away the dialog feeling that you’ve got given some recommendation on what to do subsequent, they usually observe it however their state of affairs doesn’t work out, they could come again and file a criticism in opposition to you for what they understand as poor authorized recommendation. Even when their criticism is baseless, you might find yourself losing a number of hours and 1000’s of {dollars} defending your self.
A non-engagement letter can keep away from these issues. The letter will state that you just and the non-client spoke and they shared primary particulars of their matter (which you haven’t verified by any kind of factual investigation), you shared preliminary impressions primarily based on their representations in regards to the matter, these preliminary impressions have been solely basic ideas and never authorized recommendation or conclusions upon which the non-client ought to rely, and in the end you selected to not work collectively on the matter.
If ever this non-client recordsdata a criticism stating she had retained you and also you gave incompetent recommendation, this contemporaneous letter will considerably bolster your protection that you just have been by no means this particular person’s lawyer.
Whereas many ethics guidelines lay out counsel’s duties to varied people and roles, duties equivalent to competence and diligence upon which many bar complaints are primarily based are owed to shoppers. If an individual has had an interplay with you that may be construed as a shopper relationship, you profit by laying out very clearly that this particular person is just not your shopper.
The Ongoing, However By no means Consummated Relationship
Have you ever ever had an individual who, after an preliminary dialogue, says he’s hiring you however who by no means really will get round to signing the retainer settlement and sending a examine? What if that particular person repeatedly requires ongoing discussions, every time, in fact, promising to ship in that signature and examine quickly? The longer this goes on, the extra like an attorney-client relationship it begins to look.
In some unspecified time in the future in these non-starter discussions, it turns into clear the particular person isn’t going to truly rent you. Whether or not the non-client is barely after free authorized recommendation or does wish to rent you however is prevented by some circumstance (often lack of funds), for you the end result is identical. By persevering with to speak however by no means making it formal, you permit your self open to a criticism that you’ve got rendered recommendation. The second you possibly can see they’re by no means going to finish the hiring course of, ship a non-engagement letter.
Tips on how to Write a Shopper Non-Engagement Letter
Since it’s a little clunky to write down a letter stating that you just’re not working collectively, a superb place to start out when drafting a non-engagement letter is your state bar or insurance coverage service (For instance, listed below are Pattern Non-Engagement Letters from ALPS.) Many have pattern non-engagement letters proper alongside their pattern engagement letters.
To guard your self, make sending non-engagement letters a part of your routine enterprise practices.
Picture by Daniel Herron on Unsplash
Initially printed in October 2014.
Illustration ©iStockPhoto.com
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