By Robert Denney bio
What would it be like to be on the receiving end of an engagement letter after accepting a new client? While they may not actually put any of this to you in writing, it is very likely your new client has a few of the expectations set out in this letter.
LETTER FROM A CLIENT TO ITS NEW LAW FIRM
Today’s Date
Responsible Partner
Our New Law firm
Dear Mr./Ms. Partner,
This is to confirm that we are retaining Our New Law Firm with you as the Responsible Partner. We hope this will be a long and rewarding relationship for both parties. Since there is much discussion these days that clients expect not just good legal work but also Value from their chosen firms, we want to be quite clear in the value we expect to receive from Our New Law Firm.
We basically selected not just you, but the firm because of its expertise and reputation in certain major practice areas—and its willingness to adopt alternate fee arrangements which are discussed below. Therefore, we do not want you to be a “Lone Ranger” who attempts to handle every matter yourself. We expect to be efficiently served by a team. We expect you to delegate certain matters to other attorneys and timekeepers in the firm and also to utilize alternate legal service providers and other outside resources who have the expertise our matters and cases require.
We do, however, expect you to ensure quality control and efficiently manage all members of the team serving us, not only those in the firm but also all outside resources. We also expect that you will ensure that everyone who works on our matters is not only professionally competent but also well-briefed on the matter or case and on us—our procedures, needs and personnel. Finally we expect you to designate and inform us of qualified back-ups to serve us when you are not available.
As your client, we want your objective counsel, absent any fee considerations. We want solutions to our problems, not more problems. We also want you to help us anticipate future problems or issues and either avoid them or prepare for them.
We have a saying here, “Only bats and mushrooms like to be kept in the dark.” This means we expect you and everyone involved in your firm to communicate with us. It also means we expect you to consult with us on decisions involving strategy, timing and expense. We don’t like surprises. Advise us on what will happen and prepare us for what might happen.
We expect everyone in the firm, including support staff, to respect the position and authority of everyone in our company and to treat each of our personnel with courtesy and respect. We also expect everyone in the firm to be responsive. Remember: If we think something is important, then it is important, regardless of what you may think. Naturally we expect follow-through on all matters in a timely manner. We assume you will meet all legal deadlines but also expect you to meet—or even beat—our business deadlines.
Regarding fees and billings arrangements, we want to emphasize several points:
- Much of your work with us will be on an alternate fee arrangement basis including fixed fee or incentive. If you misjudge the time involved in these matters, that is the firm’s problem.
- Adhere to the agreed-upon budgets. Never surprise us with unexpected fees or expenses that are outside our agreements. Unless we have approved them in advance, we will not pay them. And remember, we will not pay for training of the firm’s associates.
- Be sure all invoices are accurate, free of errors and inconsistencies and adhere to the agreed upon formats and protocols.
- Bill regularly. This helps our company plan its cash flow and, since we try to pay in a timely manner, it also helps Our New Law Firm’s cash flow.
In addition to the above basics, we also expect the firm to provide additional value to our relationship by delivering enhanced services such as:
- Utilizing current technology, not only within the firm but also from outside resources including ours;
- Maintaining an up-to-date knowledge management system;
- Keeping us up-dated and informed about matters that may affect us through client alerts, newsletters and on-site seminars o Initiating periodic feedback meetings with us regarding your work and service.
As you have gathered by now, we try to be honest and straightforward. This leads me to one final point: There are other firms that have the expertise Our New Law Firm has; however, we believe Our New Law Firm will best provide our company with the Value we expect and require.
We trust you and the firm will understand that the purpose of this letter is to clearly state our expectations so that you will be successful as our counsel and we, in turn, will be delighted to be your client.
With best wishes for a long and mutually beneficial relationship,
Very truly yours,
Vice President & General Counsel
Your New Client, Inc.
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