Engagement Letter Tips

According to a recent Law360 article, weak engagement letters are to blame for a flurry of recent legal malpractice claims.  The article, which you can read here, discusses the use of engagement letters in recent legal malpractice claims and says in 65% of the cases, an engagement letter wasn’t used.  It goes on to say that in only 5% of the cases, there was a well drafted engagement letter that limits the law firms liability.

While there are many things we recommend law firms to do craft strong engagement letters, here are three tips:

  • Do not provide any guarantees
  • Be very clear with the client about the project you were hired for
  • If the client is new to the firm, get a retainer and make sure it is substantial
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