ABSTRACT

Lawyers are required to define the terms of their engagement in a written document—an “engagement letter”—at the start of the representation. It is important to clarify who the client is and how instructions and communications should proceed in the engagement letter. A young lawyer often communicates with their supervising attorney regarding client needs. A business entity communicates with the lawyer through officers and agents. A common situation in commencing representation involves the desire to rush through the mandated procedures for establishing the client relationship with a new engagement letter tailored to the particulars of the client and the new representation in order to begin to solve the issues presented by new representation. The lawyer needs to establish the value of candid communication between primary client contact and the team of lawyers. The lawyer’s principal role of defining the facts and applicable laws and advising client on predictable outcomes can be distorted or influenced by the agenda of individuals or advisors.