The Law for Lawyers Today

The Law for Lawyers Today

Ethics, Professional Responsibility and More

Category Archives: Engagement letters

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Documenting who you do — and don’t — represent is key to avoiding malpractice trap

Posted in Engagement letters, Law Practice Management
We’ve blogged about this before, but if you need any more reasons to be sure that you document who your client is and is not, see the Oregon court of appeals opinion in Lahn v. Vaisbort. “I represent only your brother” In Lahn, the lawyer had represented the plaintiff, her brother and another individual as lenders in… Continue Reading

Want to be “local counsel”? Understand who your client is and define your duties

Posted in Competence, Engagement letters, Law Practice Management, Malpractice
If you only agree to be “local counsel” in a matter, you can rest assured that your limited undertaking also limits the scope of your duties — right?   Wrong — as a recent disciplinary case and recent ethics opinion point out. No “local counsel exception” to conduct rules If your law school friend is serving as… Continue Reading

Limited-scope engagement letter helps lawyer avoid discipline

Posted in Engagement letters, Law Practice Management
Rule 1.2(c) of the Model Rules of Professional Conduct permits lawyers to enter into limited-scope engagements, in which you can agree with the client that you will be providing only certain designated legal services, and not the full scope of services that might ordinarily be expected in an engagement of that sort.  The rule is a way… Continue Reading

Engagement letter can limit scope of services — or not

Posted in Engagement letters, Law Practice Management
Everyone wants to avoid disputes with clients, and a good way to do that is with an engagement letter that lays out the agreed scope of your legal services.  Disagreements over the intended parameters of the representation can be ugly — and they can land you in disciplinary trouble or lead to a malpractice claim. But with engagement letters, it’s not… Continue Reading