checklist for non-engagement or non-representation letter

Purpose

The point of sending a non-engagement or non-representation letter is three-fold:

	to document that you are not representing a particular person;
	to advise the party to seek independent representation; and
	to confirm that you have not received any confidential information regarding his or her interests in the matter.

Without such a letter, the person can later allege that he or she relied on you for legal representation even though you provided none, or that you received confidential information which could prevent you from acting against the interests of that person in the future.

Contents of non-representation letter

Your letter should be clearly worded and address the following issues:

	Clearly confirm that the representation is declined and that there's no lawyer/client relationship; you need not set out your reasons for your decision.
	Return any documentation or other property obtained during the consultation.
	Refer to the fact that statutes of limitations may apply to bar recovery if steps are not taken promptly to pursue rights or remedies. If a specific statute of limitations poses as an immediate problem, specific reference should be made to a need for the person to take urgent action.
	Advise the person to seek other legal counsel as soon as possible to pursue his/her rights.
	Take care not to express an opinion on the merits of the claim unless careful research has been conducted to support the position.

Once the letter has been sent, confirm and document that the person to whom the non-engagement letter was sent has in fact received your letter.

Last update: Oct. 7, 2002