ENGAGEMENT LETTER - EMPLOYMENT (DEFENSE)
text
[DATE]
[CLIENT NAME]
[CLIENT ADDRESS]
Re: Engagement for Employment Defense Matter - [CLAIMANT NAME]
Dear [PRIMARY CONTACT NAME]:
Thank you for choosing [LAW FIRM NAME] (the "Firm"). This letter confirms our engagement and summarizes the scope and key terms of representation in the employment matter (the "Matter").
1. Scope of Representation
The Firm will represent [CLIENT NAME] in connection with:
☐ Internal fact investigation and legal advice
☐ Response to demand letters or pre-suit negotiations
☐ EEOC or state agency charge response
☐ Settlement negotiations and mediation
☐ Litigation or arbitration (if authorized in writing)
Excluded unless agreed in writing: appeals, class/collective actions, unrelated matters, and representation of individual employees.
2. Client Identity and Communications
The Firm represents the Company only, not its officers, directors, employees, or affiliates. If you want the Firm to represent any individual, a separate written agreement is required.
When the Firm communicates with or interviews Company employees, those communications are for the purpose of advising the Company and may be privileged for the Company. The Company controls any waiver of that privilege. Employees may seek independent counsel.
3. Conflicts and Individual Representation
If the Company requests that the Firm represent an individual employee or officer, a separate written agreement and conflict review will be required. The Firm may require written informed consent from all affected parties, and it may decline or withdraw if a conflict is not consentable.
4. Fee and Billing Summary
Your fees are governed by the attached Fee Agreement. For convenience, the expected billing structure is summarized below:
☐ Hourly billing at rates in the Fee Agreement (current range $[LOW]-$[HIGH]/hour)
☐ Flat fee for [SPECIFIC SCOPE]
☐ Hybrid or alternative fee arrangement: [DESCRIBE]
- Billing frequency: [MONTHLY/BIWEEKLY].
- Retainer/deposit: $[AMOUNT], to be replenished as described in the Fee Agreement.
- Expenses billed to Client include filing fees, service of process, expert fees, e-discovery vendors, deposition costs, and other reasonable expenses.
- If Client has billing guidelines, they must be provided before work begins.
5. Client Responsibilities
You agree to designate a primary contact, provide complete and accurate information, preserve relevant documents and electronically stored information, and respond promptly to requests.
6. Data Security and Third-Party Vendors
Client authorizes the Firm to use reasonable third-party service providers (e.g., e-discovery vendors, translators, cloud storage, litigation support) as needed to perform the services. The Firm will take reasonable steps to ensure confidentiality and security consistent with professional obligations. Client will notify the Firm of any special data handling requirements.
7. No Guarantee
The Firm cannot guarantee any outcome.
8. Termination
You may terminate this engagement at any time. The Firm may withdraw as permitted by applicable rules. Fees and costs incurred through termination remain due.
9. File Retention
The Firm will retain your file for [NUMBER] years after the Matter concludes, then may destroy it consistent with applicable rules.
10. Dispute Resolution
Fee disputes may be subject to bar-sponsored arbitration or mediation. Any additional dispute resolution provisions are set forth in the Fee Agreement, if applicable.
11. Acknowledgment and Acceptance
Please sign below to confirm your agreement to this engagement letter and the attached Fee Agreement.
text
Agreed and accepted:
______________________________ ______________________________
[CLIENT NAME] [ATTORNEY NAME], [LAW FIRM]
Date: ________________________ Date: ________________________
Enclosures: Fee Agreement; Required State Disclosures