Client Engagement Letter — Litigation

CLIENT ENGAGEMENT LETTER — LITIGATION

Table of Contents

1. Parties and Date
2. Scope of Representation
3. Attorney Fees and Billing
4. Retainer and Trust Account
5. Costs and Expenses
6. Client Responsibilities
7. Communication Policy
8. Conflicts of Interest
9. File Retention and Destruction
10. Termination of Representation
11. Dispute Resolution
12. Acknowledgment and Signatures

1. Parties and Date

Date: [__/__/____]

Attorney / Firm Name: [________________________________]

Attorney Bar Number: [________________________________]

Firm Address: [________________________________]

Client Name: [________________________________]

Client Address: [________________________________]

Client Phone / Email: [________________________________]

2. Scope of Representation

This firm agrees to represent you in connection with the following matter:

Matter Description: [________________________________]

Court / Jurisdiction: [________________________________]

Case Number (if assigned): [________________________________]

Scope includes:
☐ Pre-litigation investigation and demand
☐ Filing and prosecuting / defending the lawsuit through trial
☐ Discovery (written discovery, depositions, expert retention)
☐ Motion practice
☐ Settlement negotiations and mediation
☐ Trial
☐ Other: [________________________________]

Scope does NOT include:
☐ Appeals or post-trial motions (separate engagement required)
☐ Counterclaims or cross-claims beyond the primary matter
☐ Collection of any judgment obtained
☐ Related regulatory or administrative proceedings
☐ Other: [________________________________]

3. Attorney Fees and Billing

Fee Structure: ☐ Hourly ☐ Blended Rate ☐ Hybrid (hourly + success fee)

Hourly Rates:
| Timekeeper | Rate |
|---|---|
| [Attorney Name] | $[____]/hour |
| [Associate Name] | $[____]/hour |
| [Paralegal Name] | $[____]/hour |

Billing Frequency: ☐ Monthly ☐ Quarterly ☐ Other: [________]

Billing Increment: [____] minutes (e.g., 6-minute / tenth of an hour)

Payment Terms: Invoices are due within [____] days of receipt.

Late Payment: Unpaid balances beyond [____] days may accrue interest at [____]% per annum, to the extent permitted by applicable law.

4. Retainer and Trust Account

Initial Retainer: $[________________________________]

The retainer will be deposited into the firm's IOLTA / client trust account pursuant to MRPC 1.15 and applicable state rules. Fees will be drawn against the retainer as earned, with statements provided each billing cycle. You may be asked to replenish the retainer if the balance falls below $[________________________________].

Minimum Retainer Balance: $[________________________________]

5. Costs and Expenses

The client is responsible for all costs and expenses incurred in the representation, including but not limited to:

☐ Court filing fees and service of process
☐ Deposition transcripts and videography
☐ Expert witness fees and reports
☐ Travel expenses
☐ Document reproduction and electronic discovery costs
☐ Mediation and arbitration fees
☐ Postage and courier charges
☐ Other: [________________________________]

Cost Advance Policy: ☐ Firm advances costs and bills client ☐ Client pays costs directly ☐ Costs deducted from retainer

6. Client Responsibilities

The client agrees to:

☐ Provide truthful, complete, and timely information and documents
☐ Attend all required court appearances, depositions, and meetings
☐ Respond to attorney communications within [____] business days
☐ Pay invoices in accordance with the terms of this letter
☐ Notify the firm immediately of any change of address, phone, or email
☐ Not communicate directly with opposing parties or counsel about the matter without prior approval

7. Communication Policy

Primary Contact Attorney: [________________________________]

Preferred Communication Method: ☐ Phone ☐ Email ☐ Secure Portal

Response Time Commitment: The firm will endeavor to return client calls and emails within [____] business days.

8. Conflicts of Interest

The firm has performed a conflict check and, based on the information currently available, no conflict of interest exists that would prevent this representation. If a conflict arises during the representation, the firm will promptly notify you and take appropriate action under MRPC 1.7 and 1.10.

Known potential issues (if any): [________________________________]

9. File Retention and Destruction

Upon conclusion of the matter, the firm will retain the client file for a period of [____] years, after which the file may be destroyed without further notice, unless the client requests return of the file.

10. Termination of Representation

Either party may terminate this engagement at any time, subject to MRPC 1.16 and applicable court rules. If the firm withdraws, it will take reasonable steps to protect the client's interests, provide reasonable notice, and return unearned fees and the client file. The client remains responsible for fees and costs incurred through the date of termination.

11. Dispute Resolution

Any dispute regarding fees shall first be submitted to the fee arbitration program of the [________________________________] State Bar, if available. If no such program exists, disputes shall be resolved by ☐ Mediation ☐ Binding Arbitration ☐ Litigation in [________________________________].

12. Acknowledgment and Signatures

By signing below, you acknowledge that you have read, understand, and agree to the terms of this engagement letter.

Client Signature: ________________________________ Date: [__/__/____]

Client Printed Name: [________________________________]

Attorney Signature: ________________________________ Date: [__/__/____]

Attorney Printed Name: [________________________________]

Sources and References

• ABA Model Rule 1.5 — Fees
• ABA Model Rule 1.2 — Scope of Representation
• ABA Model Rule 1.4 — Communications
• ABA Model Rule 1.15 — Safekeeping Property
• ABA Formal Opinion 505 (2023) — Advance Fee Deposits