The Engagement Letter

This is the first post in a series aimed at explaining a bit about the process of hiring and working with an attorney or law firm.  For those of you who have had an attorney on retainer since you were a child, feel free to move along.  Otherwise, lets get started.

Before your new attorney begins work on your case/document/issue they will likely present you with an Engagement Letter to sign and return.  This letter becomes the contract outlining the rights and responsibilities of each side of the agreement.

A typical engagement letter will include provision such as:

1. what case or work-product the attorney is being engaged
1. are you hiring him to draft a simple will or to draft a complex multi-generational estate plan?
2. are you hiring him to represent you at a probable cause hearing only or for the entire case including appeal if necessary?
2. the fee arrangement
1. contingent - he gets paid when he wins your case (not allowed in criminal cases)
2. hourly - Price per hour?  At what intervals will you be invoiced?  At what intervals will time be kept (you don't want an attorney rounding up a 4 minute phone call to .5 hour, do you?)?  
3. Retainer Maintenance Requirements
3. expectations of communication
1. How often should you expect to hear from the attorney
2. how quickly can the attorney expect you to provide him with needed documents or data?
4. Who is the Client?
1. You as an individual?
2. A corporate entity you own?
3. Your minor child despite you paying the bills?
5. Who you are hiring
1. A particular attorney?
2. The law firm as a whole?
6. Other issues specific to particular types of legal engagements.  

When presented with an Engagement Letter, be sure to review it and ensure it agrees with your understanding of your rights and responsibilities for the representation.  Discuss any uncertainties prior to entering into the Attorney-Client relationship.