Best Practices – End of Representation Letters

It is best practice to send out closing letters at the end of your representation, including in your pro bono cases!  Here are some sample letters to use in VLN cases to conclude your representation when: 1) the case has concluded and 2) when you are withdrawing from representation.  These letters can be modified to use in your private practice.

Please note that Comment 4 to Rule 1.3 (MRPC) provides that, “Doubt about whether a client-lawyer relationship still exits should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the lawyer is looking after the client’s affairs when the lawyer has ceased to do so” Just as with paying clients, Rule 1.16 (Declining or Terminating Representation) requires you to withdraw if the representation in your pro bono case will result in violation of the MRPC or other law. It also permits you to withdraw in other situations (1.16 (a and b)), addresses the timing of the withdrawal (1.16 (d)), the need for court permission to withdraw (1.16 (c)), and the requirements for returning client files (1.16(d-g)).  The full version of the Minnesota Rules of Professional Conduct may be found at
http://www.courts.state.mn.us/ruledocs/professionalConduct/MRPC.DOC.

SAMPLE LETTERS:

SAMPLE LETTER 1 – Termination of Representation – Case Concluded

Date

Client Name
Address
City, State, Zip

Re:  Termination of Representation

File No:_____________________

Dear [insert client name]

I am writing you today to inform you that my representation of you in connection with your [insert matter type] is now concluded.  I have completed my legal work on your case and I am closing your file.

Enclosed are the documents from your file which are being returned to you.  I suggest that you keep these legal documents and other important paperwork from your case in a safe place such as a fireproof box where you can easily find them.  Unless I hear from you to the contrary in writing, the file on this matter will destroyed based on the firm’s regular schedule.

There is some follow-up required in this matter, specifically _____________________ (e.g. changing beneficiaries on life insurance policies, changing your name with social security, your banks and on your driver’s license etc., recording the quit claim deed with the county recorder’s office etc.).  My firm will not be doing those tasks, and you will need to take the further action as appropriate.  You may call me if you still have questions in this regard.

It has been my pleasure to represent you; however I will not be working on your case any longer.  If you still need further legal assistance, please call Volunteer Lawyers Network again at 612.752.6677.  They will re-interview you to see if you are eligible for additional pro bono assistance.  Thank you.

Sincerely,

[Attorney Signature}
Attorney Name

Enclosures:

SAMPLE LETTER 2 – Termination of Representation (prior to case closing)

Date

Client Name
Address
City, State, Zip

Re:  Termination of Representation

Dear Client,

Client election to terminate:
This letter confirms that in accordance with your instructions, I will no longer be representing you in connection with your [insert matter type].  We will have no further attorney-client relationship.

Uncooperative/difficult client:
This is to inform you that per the terms of the Volunteer Lawyers Network representation agreement, I have decided to terminate my representation of you in connection with your [insert matter type].  Unfortunately, the difficulty we have experienced in (communicating with each other; keeping me notified of your contact information; agreeing upon an appropriate course of action; pursuing a claim against my advice or other) have led me to conclude that I can no longer
provide you with effective representation and as such I must withdraw as your attorney.

To the extent you need an attorney’s services; I encourage you to retain new counsel.  I will assist in the transition of any matters or files to you or your new attorney.  In the absence of any request, your file will be retained in accordance with firm policy.

You should be aware of the following important dates (list known statute of limitations, filing dates or other deadlines, court dates etc.).

I regret the circumstances which have necessitated this action, but wish you luck in the future.  If you have additional questions, please call Volunteer Lawyers Network at 612.752.6677.

Sincerely,

Attorney signature