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A BEGINNING AND ENDING IN LEGAL REPRESENTATIONS

1/4/2016

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               Lawyers seem to do better with sending opening engagement letters than at the end of the case.  Both stages of the representation are equally important and both should be related in terms of client communication, as well as client relations.
               At the front of the case you are defining who is the client and exactly what the representation involves.  Your letter should set forth the basic terms of the representation to meet your jurisdiction’s requirements.  Usually that includes the file material and whether returned, or retained, and if so for how long.  You should always send an engagement letter
https://t.co/bnL7c5tH5z.  See Lawyering for Law Firms, November 2014 http://goo.gl/tXKoRr.
               Lawyers should very much focus upon the end of the case as an opportunity for client relations and for future business.  While a call or face-to-face communication is just good skills and should be done, a letter thanking the client for the business and stating that the case is over is needed.  Just like a required engagement letter, a closing letter should always be sent in some form.  That way there is a clear end to that representation.  If it is a withdrawal, then a lot of important information needs to be conveyed to the client in that instance.
               However, most files would fall into the usual end of the representation letter and the file retention or return process should again be mentioned, along with the thanks for the business and a clear statement our representation in this matter has now concluded.  Again, do not send the letter with a covering yourself approach, but rather view it as an opportunity for future business from them, their family, or their friends.
               From a loss prevention standpoint, you do want a clear statement that our representation has ended to avoid a client claim years later that they were waiting for you to do something.  “This concludes our representation of you” is pretty clear.  Likewise, you can usually be adverse later to that closed and former client so long as you do not have inside information or if it involves the same matter.  A closing letter is a simple two or three paragraph letter which can have many uses.  It should be sent after an oral communication has occurred and the final bill is out.  All this should be done in a prompt manner right after the work has concluded.

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    Steve Crislip was the General Counsel and Loss Prevention Member to a 11 office and 7 jurisdiction law firm for 10 years and has been defending lawyers and firms for more than 25 years and litigating for 40 years.
    These articles reflect lessons learned for Law Firms.

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