Note that this form is in Microsoft Word format.The nonengagement letter can be just as important as engagement letters on protecting your law firm against liability claims. Using nonengagement letters should be an explicit element of your client-intake policies: they should be required whenever a potential client consults the firm with a view to engaging the firm, or when the firm actively seeks work, and when either the client decides not to proceed or the firm decides that it cannot or does not wish to represent the client.Malpractice claims by nonclients pose a substantial liability risk. Nonengagement letters provide a critical and effective defense against any later assertion that an attorney-client relationship was created at the time of the initial meeting or interview, and that incorrect advice was then given and relied upon, or that the firm injured the client by failing to provide promised representation.

This form is discussed in more detail in The Essential Formbook: Comprehensive Management Tools for Lawyers, Volume I: Partnership and Organizational Agreements/Client Intake and Fee Agreements.

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