Tip of the Month

Tip for March 2009

Commit Important Communications to Writing

Important Communications Should Be in Writing

Legal malpractice actions and disciplinary proceedings often boil down to a question of credibility or involve misunderstandings or incomplete or incorrect recollections of past events.  At the outset of an engagement, an engagement agreement should confirm all parameters of the representation including the identity of the client, the scope of the engagement, the fee arrangement, and other issues.  During the representation, a lawyer should, at minimum, put in writing all major events, decisions and circumstances requiring a decision.  This includes offers, demands, legal options and warnings of all sorts.  Any difference of opinion with the client regarding the course of action, especially a client's rejection of legal advice, should be evidenced by a writing.