Drafting a Non-Engagement Letter

Phantom clients, those who believe they are represented by you, though the individual has not formally hired or retained you, can lead to a potential claim down the road. If you decline an engagement for legal services or the client chooses not to retain you, the non-engagement should immediately be confirmed in writing by way of a non-engagment letter. Here are three resources to help you draft one:

Law Society of Upper Canada:

From the CBA’s Conflict of Interest Toolkit:

A checklist from Managing the Lawyer/Client Relationship booklet:

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