Engagement Letter (Lite Scope) - Alaska

ENGAGEMENT LETTER (LITE SCOPE) — ALASKA

Attorney / Firm Information

Firm Name: [________________________________]
Attorney Name: [________________________________], Alaska Bar No. [________]
Address: [________________________________]
City, State, ZIP: [________________________________], AK [__________]
Phone: [________________________________]
Email: [________________________________]
Website: [________________________________]

Date and Client Information

Date: [__/__/____]

To:
Client Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]

Re: [________________________________] (Matter Description)
Our File No.: [________________]

Dear [________________________________]:

Thank you for selecting this firm to represent you. This letter sets forth the terms under which we will provide legal services. Please read it carefully. Under Alaska Rules of Professional Conduct Rule 1.5, we are providing this written fee agreement to clearly communicate the basis and scope of our engagement.

1. Scope of Representation

1.1 Services to Be Provided

We are engaged to represent you in the following matter(s):

[________________________________]
[________________________________]

Type of Matter (check all that apply):

• ☐ Civil Litigation — State Court
• ☐ Civil Litigation — Federal Court (District of Alaska)
• ☐ Family Law / Domestic Relations
• ☐ Criminal Defense
• ☐ Real Estate Transaction
• ☐ Business Formation / Corporate
• ☐ Estate Planning / Probate
• ☐ Employment Law
• ☐ Administrative / Regulatory Proceeding
• ☐ Appeals
• ☐ Other: [________________________________]

1.2 Explicit Exclusions

This engagement does not include the following unless a separate written agreement is executed:

• ☐ Representation in any appeal or post-judgment proceedings
• ☐ Representation in any related or collateral matters
• ☐ Tax advice or tax return preparation
• ☐ Representation in bankruptcy proceedings
• ☐ Collection of any judgment or award obtained
• ☐ Representation before any federal agency
• ☐ Any matter not specifically described in Section 1.1 above

1.3 Limited Scope Representation (Unbundled Legal Services)

Under Alaska Rules of Professional Conduct Rule 1.2(c), a lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. If applicable:

• ☐ This engagement is for limited scope representation as follows:
  [________________________________]
  [________________________________]

Client acknowledges: Limited scope means the attorney will handle only the tasks specifically identified above. The client is responsible for all other aspects of the matter, including but not limited to filing documents, appearing in court, communicating with opposing parties, and meeting deadlines not covered by this agreement.

Alaska-Specific Note: Alaska Civil Rule 11(c)(3) permits attorneys to provide limited scope representation and file documents on behalf of otherwise self-represented parties. The scope limitation must be clearly documented and agreed upon by the client.

2. Fee Arrangement

2.1 Fee Structure

Select the applicable fee arrangement:

☐ Option A: Hourly Rate

• Time is billed in increments of [____] of an hour (typically 1/10th = 6 minutes).
• Billable activities include legal research, drafting, telephone calls, emails, court appearances, travel time, and related tasks.
• Rates are subject to adjustment upon 30 days' written notice to the client.

☐ Option B: Flat Fee

• Total flat fee for the above-described scope of work: $[________________]
• Payment schedule:
• $[________________] due upon execution of this agreement
• $[________________] due on [__/__/____]
• $[________________] due upon completion

Alaska Note: Alaska R. Prof. C. 1.5(a) prohibits an unreasonable fee or expense amount. Under Rule 1.15(c), funds received for future fees or expenses go into a client trust account and may be withdrawn only as the fees are earned or expenses incurred. Labeling a future-service flat fee “earned on receipt” does not by itself change when the work is earned.

☐ Option C: Contingency Fee

• Attorney's fee shall be calculated using the selected percentages below and the expense deduction order selected below.
• If the matter is resolved:
• Before filing suit: [________]%
• After filing suit but before trial: [________]%
• During or after trial: [________]%
• On appeal: [________]%

Alaska Requirement (Rule 1.5(c)-(d)): A contingent fee agreement must be in writing and state the method, stage percentages, expenses, deduction order, and any costs, fees, or expenses for which the client may be liable to the lawyer or opposing party. It must include any Rule 1.4(c) disclosure and be followed by a written closing statement. Rule 1.5(d) prohibits a fee contingent on securing a divorce or on specified support or property outcomes in domestic relations, and a contingent fee for criminal defense.

• Expenses and costs shall be deducted: ☐ Before ☐ After the contingency fee is calculated.
• Client is responsible for costs and expenses regardless of outcome: ☐ Yes ☐ No

For litigation, the client may owe the opposing party's costs, fees, or expenses if the client is not the prevailing party. Any recovery of fees or costs from an opponent will be credited or allocated as follows: [________________________________].

Malpractice insurance disclosure (Rule 1.4(c)): ☐ Coverage is at least $100,000 per claim and $300,000 annual aggregate. ☐ Coverage is below either threshold or absent; the client is informed in writing here of the attorney's current coverage: [________________________________]. The attorney will give a further written notice if coverage later falls below either threshold or terminates.

☐ Option D: Hybrid Arrangement

Description: [________________________________]
[________________________________]

2.2 Billing and Payment Terms

• Invoices will be issued: ☐ Monthly ☐ Bi-monthly ☐ Quarterly ☐ Upon completion
• Payment is due within [____] days of the invoice date.
• Payments may be made by: ☐ Check ☐ Credit Card ☐ Wire Transfer ☐ ACH
• A late charge of [____]% per month (not to exceed the lesser of [____]% annually or the maximum rate permitted under Alaska law) will be assessed on balances overdue more than [____] days.

Alaska Usury Note: Alaska Stat. § 45.45.010 sets the legal rate of interest. Contractual interest rates above the statutory limit may be unenforceable.

3. Retainer and Trust Account

3.1 Initial Retainer

• An initial retainer of $[________________] is required before work commences.
• The retainer will be deposited into our IOLTA trust account in accordance with Alaska Rules of Professional Conduct Rule 1.15 and Alaska Bar Rule 15.1.
• The retainer will be applied against fees and costs as they are incurred. Invoices will reflect amounts drawn from the retainer.

3.2 Replenishment

• If the retainer balance falls below $[________________], Client agrees to replenish the retainer to the original amount within [____] days of written notice.
• Failure to replenish the retainer may constitute grounds for withdrawal from representation pursuant to Alaska ARPC Rule 1.16.

3.3 Trust Account Information

Alaska IOLTA Requirement: Pursuant to Alaska Rules of Professional Conduct Rule 1.15(f) and (g) and Alaska Bar Rule 15.1, all client funds that are nominal in amount or held for a short period of time must be deposited into an Interest on Lawyers' Trust Account (IOLTA). Interest earned on IOLTA accounts is remitted to the Alaska Bar Foundation. Larger amounts or funds held for longer periods must be placed in a separate interest-bearing account for the client's benefit.

3.4 Refund of Unearned Fees

Upon termination of the engagement for any reason, any unearned portion of the retainer will be promptly refunded to the Client within a reasonable time, as required by Alaska ARPC Rule 1.16(d).

4. Costs and Expenses

In addition to attorney fees, Client is responsible for all costs and expenses incurred in connection with the matter, including but not limited to:

• ☐ Court filing fees and service of process fees
• ☐ Deposition and transcript costs
• ☐ Expert witness fees and consulting fees
• ☐ Travel expenses (mileage, airfare, lodging, meals — particularly relevant for matters in rural Alaska)
• ☐ Copying, printing, and scanning charges
• ☐ Postage and courier / delivery fees
• ☐ Online legal research charges (Westlaw, LexisNexis, etc.)
• ☐ Mediation and arbitration fees
• ☐ Long-distance telephone charges
• ☐ Other: [________________________________]

Costs and expenses will be: ☐ Advanced by the firm and billed to Client ☐ Billed directly to Client for payment before incurred

Alaska Note: Given Alaska's geographic size, travel expenses may be significant for matters involving courts outside the attorney's home judicial district. Estimated travel costs for this matter: $[________________].

5. Client Responsibilities

Client agrees to:

• ☐ Provide complete, truthful, and timely information and documents relevant to the matter
• ☐ Respond promptly to all communications from this firm (within [____] business days)
• ☐ Appear at all scheduled court hearings, depositions, mediations, and other proceedings
• ☐ Keep the firm informed of any changes in contact information (address, phone, email)
• ☐ Pay all invoices and replenish retainers when due
• ☐ Not discuss the case with opposing parties or their attorneys without consulting this firm first
• ☐ Cooperate fully in discovery and document production
• ☐ Make timely decisions regarding settlement offers and litigation strategy

Failure to fulfill these responsibilities may impair our ability to represent you effectively and may constitute grounds for withdrawal under Alaska ARPC Rule 1.16(b).

6. Communication Policy

6.1 Primary Point of Contact

• Lead attorney for this matter: [________________________________]
• Paralegal / assistant contact: [________________________________]

6.2 Response Times

• We will endeavor to respond to client inquiries within [____] business days.
• Urgent matters should be communicated by telephone to [________________________________].
• Routine status updates will be provided: ☐ Monthly ☐ As developments occur ☐ Upon request

6.3 Preferred Communication Method

• ☐ Email
• ☐ Telephone
• ☐ Secure client portal
• ☐ U.S. Mail
• ☐ Text message (for scheduling only)

6.4 Electronic Communication Confidentiality Warning

Important Notice: Email and other electronic communications are not inherently secure. While we take reasonable steps to protect confidentiality, there is a risk of interception by third parties. By consenting to electronic communication, Client acknowledges and accepts this risk. Under Alaska ARPC Rule 1.6, we have an obligation to make reasonable efforts to prevent unauthorized access to client information.

7. Termination of Representation

7.1 Client's Right to Terminate

Client may terminate this engagement at any time, for any reason, by providing written notice to the firm. Client remains responsible for payment of all fees earned and costs incurred through the date of termination.

7.2 Attorney's Right to Withdraw

The firm may withdraw from representation as permitted under Alaska Rules of Professional Conduct Rule 1.16, including but not limited to situations where:

• ☐ Client fails to pay fees or costs when due
• ☐ Client fails to cooperate or follow reasonable advice
• ☐ Continued representation would result in a violation of the Rules of Professional Conduct
• ☐ Client engages in conduct that renders representation unreasonably difficult
• ☐ The matter has become financially unfeasible for the client to pursue
• ☐ Other good cause exists

Withdrawal is subject to court approval where required. The firm will provide reasonable notice and take steps to protect the client's interests, including providing reasonable time for the client to retain substitute counsel.

7.3 File Return

Upon termination, the firm will promptly return client documents and property. The firm may retain copies of the file for its own records. File materials will be maintained in accordance with firm policy and Alaska ARPC Rule 1.15(a) record-retention requirements (minimum five years after conclusion of the matter).

8. Conflicts of Interest and Ethics Disclosures

8.1 Conflict Check

We have conducted a conflict check as of the date of this letter and have not identified any conflicts of interest that would prevent us from representing you in this matter. If a conflict arises during the course of representation, we will promptly notify you and take appropriate action under Alaska ARPC Rules 1.7 and 1.9.

8.2 Waiver of Conflict (if applicable)

• ☐ A potential conflict of interest has been identified and is described as follows:
  [________________________________]
  [________________________________]

Client provides informed consent to the conflict after full disclosure: ☐ Yes ☐ No

8.3 Former or Current Client Relationships

• ☐ This firm has previously represented or currently represents: [________________________________]
  in matters that are: ☐ Related ☐ Unrelated to the current engagement.

9. Limitation of Liability and Dispute Resolution

9.1 Fee Disputes

If a dispute arises regarding fees charged by this firm, we encourage resolution through the Alaska Bar Association's Fee Arbitration Program, if available, or mediation.

• ☐ Client and Attorney agree to submit fee disputes to binding arbitration in accordance with the Alaska Uniform Arbitration Act (Alaska Stat. § 09.43.010 et seq.)
• ☐ Client and Attorney agree to mediation before any arbitration or litigation
• ☐ Fee disputes shall be resolved by litigation in the courts of the State of Alaska

9.2 Limitation of Liability

Alaska Rule of Professional Conduct 1.8(h)(1) prohibits an agreement
prospectively limiting the lawyer's malpractice liability to a client. Unlike
the ABA Model Rule, the Alaska provision has no independently-represented-client
exception.

☐ No prospective limitation of malpractice liability is included.

10. No Guarantee of Outcome

Client understands and acknowledges that:

• No attorney can guarantee the outcome of any legal matter.
• Any expressions of opinion regarding the likely outcome or potential value of a case are based on the attorney's professional judgment and experience but are not promises or guarantees.
• The legal system is inherently uncertain, and outcomes depend on many factors beyond the attorney's control, including the actions of courts, opposing parties, witnesses, and government agencies.
• Past results in similar matters do not guarantee a similar outcome in Client's case.

11. Governing Law

This agreement shall be governed by the laws of the State of Alaska and the Alaska Rules of Professional Conduct. Any disputes arising from this agreement shall be resolved in the state or federal courts located in the [________________________________] Judicial District of Alaska.

12. Entire Agreement

This letter constitutes the entire agreement between the parties regarding the subject matter herein. It supersedes all prior oral and written agreements or understandings. This agreement may not be modified except by a written instrument signed by both parties.

13. Acknowledgment and Signatures

By signing below, Client acknowledges that:

• ☐ Client has read and understands the terms of this engagement letter
• ☐ Client has had an opportunity to ask questions about the terms
• ☐ Client agrees to the scope of representation described herein
• ☐ Client agrees to the fee arrangement selected above
• ☐ Client understands that no outcome is guaranteed
• ☐ Client has received a copy of this executed agreement

Attorney Signature

Attorney Name: [________________________________]
Signature: ______________________________________
Date: [__/__/____]
Alaska Bar No.: [________________]

Client Signature

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

If Client is an entity:
Printed Name of Authorized Representative: [________________________________]
Title: [________________________________]

14. Attachments Checklist

• ☐ Fee Schedule (if applicable)
• ☐ Flat Fee / Contingency Fee Agreement Addendum (if applicable)
• ☐ Conflict Waiver (if applicable)
• ☐ IOLTA Trust Account Disclosure
• ☐ Privacy and Electronic Communication Policy
• ☐ Client Intake Questionnaire
• ☐ Authorization for Release of Information
• ☐ Other: [________________________________]

Sources and References

• Alaska Rules of Professional Conduct — https://courts.alaska.gov/rules/docs/prof.pdf
• Alaska Bar Rules (including Bar Rule 15.1 — IOLTA) — https://alaskabar.org/rules/
• Alaska Bar Association IOLTA Program — https://alaskabar.org/for-lawyers/bar-foundationiolta/rule-1-15-iolta-certification/
• Alaska Statutes Title 45, Chapter 45 (Interest and Usury) — https://www.akleg.gov/basis/statutes.asp#45.45
• Alaska Uniform Arbitration Act (AS 09.43) — https://www.akleg.gov/basis/statutes.asp#09.43
• ABA Model Rules of Professional Conduct — https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. You must have this document reviewed and customized by a qualified attorney licensed in Alaska before use.