Engagement Letter (Litigation Checklist)

This engagement letter checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.
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Checklist:
- Thank you for giving [name/firm] the opportunity to serve you
- You have asked us to [define scope of requested engagement]
- If necessary, state specific exclusions from scope of engagement (e.g. tax advice)
- Explain billing arrangement & fees [billing method/rate]
- If this is a contingency fee agreement, have you complied with all requirements of C.R.C.P. Chapter 23.3?
- Billing timeline [e.g. bill monthly, ask that invoices are paid within 30 days]
- Retainer, if any, and procedure for use/replenishment of retainer.  Statement that receipt of this retainer is a prerequisite to the commencement of representation
- You have agreed to [furnish specified documents] [perform specified acts] before I start working (if applicable)
- Conflict check:  cannot work for you if there is a conflict; tell all potential conflicts; we have no conflicts with respect to the following entities and persons [list]; please let me know immediately if there are any involved in this matter
- Explain document retention/destruction policy
- State that engagement will commence once a signed copy of this document is returned (if applicable) and all conditions set forth above have been met
- Thank prospective client again for opportunity
- Signature of all parties represented (if necessary--i.e. contingency fee agreements)
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Thoughts & Best Practices:
- If for any reason you do not proceed with engagement (even before a draft engagement letter is sent), or if you only represent one/some of several parties that contacted you about a specific matter, consider whether a non-engagement letter is appropriate.

Jeff Vail is a business litigation attorney in Denver, Colorado.  Visit www.vail-law.com for more information.
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This engagement letter checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.