Non-Engagement Letter (Litigation Checklist)

This non-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:
- Clear statement that you have not been engaged and do not represent [person/firm] in certain matter.
- Advise non-client that there may be statute of limitations issues that require matter to be addressed by a specified time.
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Thoughts & Best Practices:
- Send a non-engagement letter whenever you discuss engagement with a potential client, but either party decides not to move forward with the engagement.
- Similarly, send a non-engagement letter if a client refuses to return a signed copy of an engagement letter as requested, or if a client fails to pay the requested retainer.
- Send non-engagement letter if potential client sent you significant information for review, even if you never discussed engagement.
- Probably best not to advise non-client of actual dates when statutes of limitations will run because this sets up its own malpractice issues if you're wrong.  Instead, advise client that statutes of limitations may exist for specific claims, but that you have not performed research required to determine exactly when these dates are for non-client's claims.
- Consider sending non-engagement letter when contacted by multiple parties but you only end up representing one/some of them (e.g. corporation, directors, employees of that corporation, etc.).
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Jeff Vail is a business litigation attorney in Denver, Colorado.  Visit www.vail-law.com for more information.
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This non-engagement letter checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.