Sharon Miki writes for Clio about legal technology and the legal sector. As an experienced freelance writer and writer, she is passionate about creating fascinating, useful and well-researched articles. Case closed? When a legal case comes to a conclusion, you need to close the loop – which means sending a closing letter to clients. Without an official letter of closure of file, you risk ambiguity. When it comes to attorney-client relationships, ambiguities can confuse your clients. It can also put you at risk of unintentional misconduct. If you don`t send a letter at the end of a case, you`re missing the opportunity to solidify a positive professional relationship with clients who may need legal representation in the future. Some may consider this petty, but there is a difference between the decoupling of letters and graduation letters. Yes, although both serve to document the conclusion of the representation, it is the underlying reason for their use that distinguishes them. Note: The information in this article applies only to U.S. practices. This article is provided for informational purposes only. It does not constitute legal, commercial or accounting advice.
To streamline the task, you can create a general template for your letter and then customize it for each specific situation. If you`re ready with a template, you can save a lot of administration time (and reduce the risk of errors) in the future. As I intend to obtain alternative legal assistance, I expect you to cooperate fully with any future requests made on my behalf. As I have written in the past, the final letters should be used at the end of the performance. They are often written in the form of a thank you letter expressing the wish that the client re-engage the firm should another legal concern arise. Many lawyers will also use these letters to inform the client of the firm`s retention policy, pass on final instructions, and rule out the possibility of unintentional trust. Whatever the reason there is a need or desire to withdraw, withdrawal letters should cover a little more than closing letters, as RPC 1.16 is also at stake. This means that the client`s interests must be protected throughout the process. While reasonable notice is given before the withdrawal is final, these letters should: In contrast, the purpose of a letter of exit is to provide notice and documentation that the firm is withdrawing from an active matter in accordance with the Code of Ethics (CPR) 1.16 Opposition or Termination of Representation.
In short, something has happened that requires the dismissal of the client or the withdrawal of the lawyer. Common situations where the use of a departure letter is required, which is controlled by the client, are non-payment of fees due, failure to respond to requests to contact the firm, complete termination of the lawyer-client relationship, allegation of misconduct or dismissal of the client by the client. Legal situations include the discovery of an unexpected and irreversible conflict of interest, appointment to the bench, deterioration of mental health affecting skills, appointment to military service, and an accident resulting in complete and permanent disability. If, after careful consideration, you decide that the end of the relationship is your final decision, you should send an official letter of resignation. Make sure that terminating your current lawyer is what you really want to do, as this type of letter is considered final in terms of the attorney-client relationship. Non-cooperative/difficult client: This is to inform you that, in accordance with the terms of the Volunteer Lawyers Network`s representation agreement, I have decided to terminate my representation of you in your [insert case type]. Unfortunately, the difficulties we encountered (communication with each other; Notification of your contact information; agree on an appropriate action plan; The continuation of a claim against my opinion or others), has led to the conclusion that I can no longer provide you with effective representation and that I must therefore resign from your position as a lawyer. I encourage anyone who disagrees during their representation to speak directly to their lawyer and voice their concerns. Be open about any questions or concerns you may have with the representation prior to termination. Some issues can be easily resolved and avoid the time and cost of hiring a new lawyer. You will find attached the documents of your file, which will be returned to you. I suggest you keep these and other important documents from your case in a safe place like a fireproof box where you can easily find them.
Unless you hear me otherwise in writing, the file on this matter will be destroyed according to the Regular Schedule of the Registry. It was a pleasure to represent you; However, I will no longer work on your case. If you need additional legal assistance, please call the Volunteer Lawyers Network again at 612.752.6677. They will ask you again to see if you qualify for additional pro bono support. Thank you very much. Although this concludes my representation of you in this legal matter, do not hesitate to contact us in the future if you have other legal needs and would like to discuss the retention of my services. Please note that Note 4 to Rule 1.3 (CRM) provides that “doubts as to the existence of a client-lawyer relationship must be clarified by the lawyer, preferably in writing, so that the client does not wrongly assume that the lawyer is dealing with the client`s affairs if the lawyer has ceased to do so”. As with paying clients, Rule 1.16 (refusal or termination of representation) requires you to withdraw if representation in your pro bono case results in a violation of the MRPC or any other law. It also allows you to opt out in other situations (1.16 (a and b)), deals with the time of withdrawal (1.16 (d)), the need for judicial authorization to withdraw (1.16 (c)) and the requirements for the return of customer records (1.16 (d-g)).
For the full version of the Minnesota Rules of Professional Conduct, see www.courts.state.mn.us/ruledocs/professionalConduct/MRPC.DOC. Download this blog post in PDF format. Download this blog post immediately as PDF A Guide to Sending Closing Letters to Clients Sending a closing letter to clients can also help you avoid unintentional misunderstandings about representation – a common source of misconduct lawsuits for lawyers. Indeed, sending a closing letter to clients will help you avoid situations where a client thinks you are still their lawyer when you closed the file. If you end your representation for a particular issue in writing, make sure they are aware of the situation. It also helps protect you from claims that you didn`t perform tasks you weren`t responsible for. Did you know that 36% of claims for legal errors are due to misunderstandings and delays with clients? Learn to have clearer conversations. This is a proven method of sending closing letters at the end of your performance, even in your pro bono cases! Here are some examples of letters that you can use in VLN cases to complete your representation when: 1) the file is closed and 2) when you withdraw from the representation. These letters can be modified for use in your private practice. I would like to take this opportunity to thank you for choosing me to represent you.
I sincerely hope that your experience with my firm has been satisfactory and that you will be able to consider Example Law Firm for future legal work. With that in mind, I would very much appreciate it if you could complete the attached feedback questionnaire. Need an example? The following letter shows how you can approach a client to get a case closure letter. Note: This sample closing letter is provided for reference only. You need to tailor your letter to your specific business and customers. The key to closing letters is to first write a solid template and then customize it to include all the relevant details for each case and customer relationship. In addition to documenting the important details and making sure that you and the customer are on the same page, you can also use the closing letter as an opportunity to thank the customer and ask for valuable feedback. If you don`t regularly send closing letters to customers, now is the time to get started. In the following guide, we`ll show you why you should send closing letters to customers – and how to write them down. To simplify the process, we`ve also included a sample closing letter to customers.
Other topics that may be worth identifying the conditions under which you will consult a succession advisor and establishing your record retention policy. Once the letter is sent, make sure you fulfill your duty to protect your client`s interests. Learning to write a letter at the end of the performance is not difficult if you focus on the purpose of the letter. Your goal is to document to your client that the file is closed.