Surely as an attorney you've heard about "forms". What exactly is everyone talking about when it comes to forms and why is it so important?
There are two types of forms attorneys refer to: firm management forms (forms that help you run a smooth operation) and legal forms (forms that make drafting legal documents easier in the long run). While both are important, this post is focusing on firm management forms.
Firm management forms are a way to organize your law firm and provide consistent documentation of each case. There are a few important forms that every attorney should use. You may also want to check with your malpractice carrier to determine what forms they require or offer a reduced premium if your firm uses them (check out this post form more information on malpractice insurance).
Client Information Forms.
Client information forms should be filled out prior to consulting with any prospective client. The extent of your client information form is up to you but my philosophy is the more information, the better. The essential information you should obtain before consulting with a prospective client is: name, date of birth, address, related parties and the nature of the case. This information should be put into your conflicts of interest check to ensure you are not representing the opposing party or someone closely related to the case.
Additional information you may want to ask for is: how does the client intend to pay, where did the client hear of your firm, how urgent is the client's case in their mind, etc. This information can help you assess whether you want to take the case at the end of the consultation and what the appropriate fee may be for that particular case.
Engagement Letters.
Engagement letters formalize your agreement to represent a client. This is usually signed at the time the client pays your retainer fee. You will want to include the amount you will charge, when payment is due, the results of non-payment by a client and when you can collect your fee (i.e. transfer from your trust account to your operating account). This will protect you and the client in the event of a disagreement and should be signed by both you and the client and dated. Other things you may want to include are: length of retention of the file (when will you destroy documents), expected time line of the case, how often you and the client will follow up with each other, etc.
Non-engagement Letters.
These should be used when you meet with a client but the client has decided not to retain you as their attorney. This reduces confusion between a potential client and the attorney and protects you, the attorney, from claims that you represented the client when you did not. These should make clear to the client that no attorney-client relationship was formed and you will not be representing the client. It may be a good idea to inform the client that it is his/her right to seek other legal counsel (keep this in mind when a client comes to you with a claim that is subject to a statute of limitations).
Closing Letters.
These letters should be sent when a case is concluded and your representation is terminated. This will clarify to the client that he/she should not expect to hear anything additional from you unless the client initiates communication. This will also give the client the opportunity to let you know if he/she believes she needs something else from you (such as another copy of the final court order). This can be accompanied with a final invoice or can be sent separately.
These forms provide a clearer understanding of the attorney-client relationship and what the attorney and client should expect to happen. They also provide a basis for the attorney and client to reference if there is confusion or a dispute about a case and the way it is handled.
If you are a solo practitioner or are thinking about "flying solo" and would like to discuss the process, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
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