end of representation letter

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A Guide to Sending Closing Letters to Clients

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When a legal matter reaches its conclusion, you need to close the loop—which means sending a closing letter to clients. Without a formal case closure letter, you risk ambiguity in your attorney-client relationships , along with the risk of unintentional malpractice. Also, if you fail to send a letter at the end of a case, you miss out on an opportunity to solidify a positive professional relationship with clients who may need legal representation in the future.

If you aren’t regularly sending closing letters to clients, it’s time to start. In the following guide, we’ll show you why you should send closing letters to clients—and how to write them. To make the process easier, we’ve also included a sample closing letter to clients.

What is an attorney closing letter?

An attorney case closing letter, also known as a termination of representation, is a formal document that officially ends their representation of a client in a matter.

Why sending attorney client closing letters is essential

Just as you should send a non-engagement letter when you don’t move forward with a client at the start of a legal issue, you should always close cases with a formal end of representation letter.

Here are some of the key reasons why closing letters to clients are so important:

• They provide clear documentation. While a close out letter to a client is relatively quick and simple to produce , it’s a powerful and effective way to document the end of a specific attorney-client relationship.
• It can close the chapter, but doesn’t have to close the book. Bear in mind that a case-closing letter is just a formal way to note the conclusion of a specific case. It doesn’t mean that you can’t represent the client in the future on other matters.
• They help you avoid unintentional miscommunication about representation. Sending a closing letter to clients helps you avoid challenging ethical situations where a client thinks that you’re still their attorney after you’ve closed their case. Putting your end of representation for a specific matter in writing ensures they’re aware of the situation. It also helps protect you from erroneous claims that you didn’t perform duties that you were responsible for, which is key, as miscommunication is a common source of malpractice claims for lawyers . Essentially, closing letters are a prudent risk management tool in the event of a future dispute relating to the scope or duration of your representation.
• They provide customers with a client-centered experience . Remember: While you deal with legal issues every day, it’s likely a stressful and uncertain time for your clients. By taking the time to communicate clearly about the status of their matter—even at the end—you reduce uncertainty and help put clients at ease.

4 Best practices when sending end of representation letters

For a case-closing letter to be most effective, follow these best practices:

1. Be timely

Send a case-closing letter when you’re ending an attorney-client relationship on a matter—that is, when you’ve concluded a case or when you’ve decided to stop representing the client.

2. Understand your obligations—and communicate them to the client

Many jurisdictions have specific requirements relating to closing files, including retention and destruction of case files. For example, under the ABA Model Rules of Professional Conduct, Rule 1.15(a) requires lawyers to retain client account funds and property for five years after termination of representation. Communicating these obligations to clients in a closing letter is paramount to ensuring they understand the impact of closing the file and your firm’s ongoing connection to their information.

3. Be succinct

Your letter should be easy to read and concise. Avoid unnecessarily complex language and prioritize clarity. Be sure to clarify that your client can reach out if they have any questions or concerns relating to the closing of their file.

4. Be consistent

Send a case-closing letter to clients after concluding every case—whether or not you’re hoping for future business from them. To ensure that you’re sending case-closing letters after concluding cases on a regular interval, be sure to add a reminder to send case-closing letters within a particular time frame (for example, within two weeks following the close of a case).

While it may seem counterintuitive to formally end an attorney-client relationship if there may be more opportunity in the future, sending a case-closing letter doesn’t mean that you’re cutting your firm off from a client. Instead, it shows a high level of professionalism and clear communication—which encourages positive reviews and a return to your firm if another legal matter arises in the future.

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The secret to writing an effective attorney client end of representation letter is to focus on the key goals:

• Communicate to your client that the case has concluded
• Wrap up any loose ends
• Conclude the case on a positive, professional note

Use document automation to save time and prevent errors

Writing every closing letter to clients from scratch is time-consuming and leaves a lot of room for typos and accidental errors. Instead, consider using document automation tools and being prepared with a closing letter template to save administrative time (and help reduce chances of error) in the future.

Clio Draft’s document automation software , for example, allows you to turn your firm’s existing Microsoft Word files into reusable, fillable templates. This means that when it’s time to send a closing letter, you fill in the necessary details instead of writing one from scratch. You can auto-populate your Clio Draft template with client contact and matter information directly from Clio Manage—saving even more time.

Emma Rucker, Managing Paralegal at Cohen Family Law, explains how quickly the time savings that come with document automation can add up.

“Before the switch to Clio Draft, creating a document from a template could take 20–30 minutes, which adds up if you’re drafting multiple in a day,” Rucker explains. “Cumulatively, that’s hours of lost time that we could otherwise put toward productivity and billables.”

Watch our webinar to learn more about the benefits of document automation for law firms.

What to include in a closing letter to clients

While your case-closing letter should be tailored to your firm and your client, consider including the elements below.

• Specifics about the case and its status. Clearly state which case you’re referring to—especially if there are multiple matters at hand or if you take on future matters for the client. List the case number and also briefly describe the case in the body of the letter. Also, note that the matter is closed or concluded.
• A final billing and payment statement. This is considered best practice for transparency, and should either detail the outstanding balance or confirm the payment has been made in full.
• The date. Date the letter and specify when the case has concluded.
• The reason for the end of representation. Briefly note the reason why you will no longer be representing the client on the matter at hand—whether it’s because the case has concluded or there’s another reason (for example, if your practice is closing ).
• The status of any client documents. Let the client know if you will be retaining case documents and files and for how long. For example, if you need to keep case files for a certain number of years in your jurisdiction according to your document retention policy. If you are returning original client documents with the letter, state that in the letter and specify what’s enclosed.
• Next steps. If applicable, list any actions or next steps that the client needs to take care of or is responsible for. This could include a note regarding the final bill for the matter.
• A feedback request. Client feedback is key to effective client communication and your law firm’s continued success, so ask for it. This could be as simple as enclosing a feedback questionnaire.
• A note of appreciation. Thank the client for the opportunity to represent them. Ending the letter on a positive note goes a long way towards making a client feel valued.

What not to include in an attorney case closing letter

Even though being thorough is generally advisable, it is possible to be too thorough when it comes to closing letters. Here are two common types of information you should exclude:

• Personal financial information (such as bank account details)
• Medical information (such as the client’s medical conditions)

Sample closing letter to clients

Need an example? The below letter shows one way you could approach a case-closing letter to a client. Note: This sample closing letter is for reference only. Feel free to use it as a template, but you must customize your letter to your firm and your specific clients.

Re: Termination of Representation, Case/File [#0000]

Dear Ms. [Client]:

Thank you for choosing me to represent you with your [describe matter]. I am writing this letter to inform you that this case is closed as of the date of this letter.

Enclosed are all of the original materials regarding your case that are in my firm’s possession, including [specify documents, if appropriate]. Please let me know by [date] if there is anything else that you believe is still in our firm’s possession that should be returned. Otherwise, I will assume that you have reviewed the documents and have everything that you need. While we are closing the file on this matter, we will keep a copy for a period of at least [specify time period].

I would like to take this opportunity to thank you for choosing me to represent you. I sincerely hope that your experience with my firm was satisfactory and that you may consider [law firm name] for future legal work. [With this in mind, I would greatly appreciate it if you could complete the enclosed feedback questionnaire.]

While this concludes my representation of you regarding this legal matter, please don’t hesitate to reach out in the future should you have any further legal needs and wish to discuss retaining my services again.

[Law firm name]

Clear communication will go a long way

Throughout your client’s journey with your law firm, clear communication always goes a long way—including at the end of your representation. This is why attorney closing letters to clients are so important. Closing letters give you a simple and effective way to tie up loose ends, avoid unintentional miscommunication, and deliver excellent client service.

Still, time can be a limiting factor, and it can be challenging for busy lawyers and legal professionals to find the time to write closing letters from scratch for every client.

Luckily, document automation takes much of the time, effort, and risk of error out of the equation. The key to writing effective closing letters quickly and efficiently is to start with a solid template, then customize it to include all pertinent details for each case and client relationship. Document automation tools make it easy to create templates and then fill out applicable portions automatically (which reduces the chances of human error).

This means you can create letters that close the loop for both your firm and your clients in less time and with less effort—which is a win for all parties.

To learn more about how cloud-based legal document automation tools can free up more of your time, schedule a free Clio Draft demo today.

Note: The information in this article applies only to US practices. This post is provided for informational purposes only. It does not constitute legal, business, or accounting advice.

How do you tell a client they’re not a good fit

Clear communication is key when telling a client that they aren’t a good fit for your law firm. Start with outlining the consultation details, offer a sincere apology, provide a clear reason for declination, and, if it makes sense to do so, offer a recommendation for alternative legal representation.

What is an attorney disengagement letter?

An attorney disengagement letter is a piece of written communication that lets a client know that your firm is withdrawing from an active matter. The attorney has to withdraw for whatever reason, or in some cases, is firing the client.

How does an attorney end a letter?

When ending a letter to a client—especially if you’re ending a professional engagement—it’s generally best to keep things on the more formal side, even if you’re on somewhat friendly terms with the client. “Sincerely,” or a similar signoff is a safe bet.

We published this blog post in April 2021. Last updated: June 14, 2024 .

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End of Representation (Client Breakup) Letters

Sample “End of Representation” Client Breakup Letters

Sample End Of Representation Client Letter #1 (Auto Case):

Sample End Of Representation Client Letter #2 (Med Mal Case):

If you have a personal injury law practice, you will have to breakup with clients on a regular basis. Every client looks like they have a good case when you first sign them up. But then after you review their medical records or investigate their claim you realize that they don’t have a valid case at all. This happens most frequently in medical malpractice cases, but it can happen in simple auto tort cases also. If you have already filed suit for a client, you will need permission from the court to withdraw, so this page focuses exclusively on pre-suit breakups.

Under Maryland’s professional conduct rules, Attorneys are generally allowed to breakup with a client for “good cause” so long as the termination does not unduly harm the client’s interests. Md. Rule 19-301.16 This basically means that you can’t dump a client 2 days before his statute of limitations expires. If you want to breakup, you need to do it so that the client has an opportunity to find another lawyer before their claim expires. In fact, the Maryland Rules impose an affirmative obligation on the attorney to give “reasonable notice” and “take steps” to protect the client’s interests when breaking up.

What Does “Reasonable Notice” Mean When Breaking Up with a Client?

The Maryland rules require “reasonable notice” and additional efforts to avoid harming a client’s interests during a breakup. The pivotal question is what exactly does reasonable notice and effort mean? The safe answer is that your breakup notice is “reasonable” if the client has enough time to find a new lawyer and get the case filed before the statute of limitations expires.

Exactly how much time is necessary to find another lawyer will depend the specifics of the case. If it’s a complex medical malpractice case with 6 defendants and 8,000 pages of records you probably need to give the client more time than if it’s a auto tort case. Taking steps to facilitate the client’s transition to a new lawyer will always help bolster the reasonableness of your notice.

Examples of End of Representation Client Breakup Letters

Below are 2 examples of what we call “client breakup letters.” These are letters to the client which formally terminate our attorney-client relationship in the matter. Its always good practice to talk to the client in advance of sending one of these letters. Sample #1 is a breakup letter for a simple auto tort case. Sample #2 is for a medical malpractice case.

June 29, 2020

Jane Client 1234 Fictional Avenue Baltimore, MD 21215

Re: Your auto incident on 6/15/2020

Please be advised that our office has made the difficult decision that we are no longer able to handle your case. As of this date, our attorney-client relationship has ended.

I encourage you to consult with another lawyer as soon as possible. Please note that the statute of limitations in Maryland is three years. You must file a lawsuit before the three year anniversary of the date of the accident to preserve your claim, or else your claim will be forever barred. There are also potential time limits that may apply to your case that are as soon as 180 days from the date of your incident so we strongly encourage that you contact another lawyer soon to preserve any rights you may have.

Please do not hesitate to contact me if you have any questions.

Warm regards, Laura G. Zois

Re: Your potential medical malpractice claim

Thank you for providing Miller & Zois, LLC the opportunity to review your potential case. We had an opportunity to consider the information you provided to us, and to discuss the circumstances of the potential claims among the attorneys here in our firm. Unfortunately, our law firm will not be able to proceed with your potential claims.

Our decision does not mean the case is without merit. We do encourage you to immediately consult with other attorneys, as different law firms may have different criteria for claims they are able to pursue. We are delivering to you all the records in our possession so that you will have them if you want to consult other lawyers. If you wish to do this, I recommend you do it promptly.

Please note that under Maryland law, a medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier. There may also be notice requirements to file a lawsuit that may need to be met before the three year period. If you fail to file your claim within the applicable time period, you will lose your right to do so. Therefore, you should take immediate steps to make sure your legal interests are protected.

We are sorry we will not be able to help you with this case. Best wishes.

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End of Representation Letter: How To, Templates & Examples

Image Source

A client- lawyer relationship is considered to be pure, professional as well as personal. You should, however, be able to understand how much personal should or should not get across your lawyer. Professionally, a lawyer can be of much importance for you and your company. These days all companies have corporate lawyers for them who look into the corporate workings of the company and assist in other tasks as well.

Even if you share a personal bond with your lawyer, understand when and what information you share with your lawyer. However, lawyer is like another employee in your company, who deserve the same treatment as any other employee of the company. However, you must also keep in mind that if you are not happy with the lawyer’s work and want to fire him/her, you have every right to remove him from the post. And you can do so by efficiently drafting an end of representation letter.

Who is a lawyer?

A lawyer is a legal counsel who represents you or your company in the court of law. A lawyer will fight legal battles on behalf of your organization and will do so in exchange for financial benefits. Hence a lawyer is same as an employee in your company. They too have fixed working hours along with fixed salary and fixed week offs.

Lawyers seek to provide you with proper counsel and guidance. They are the mouthpiece for the law of the land. Constitutionally they are well-read, knowledgeable and can be a good source of advice when it comes to understanding your duties, rights.

Every company is run by rules given by the government. These rules are the same for all. However, while there are rules to follow, there are standards to maintain by all. And there is tough competition indeed. If you fail to maintain quality standards, equal job opportunities, there is a chance that others may file a complaint against you. Also, there is the company grievance portal, where the internal employees may lodge concerns.

These are a few instances where a lawyer can help you sort out the problem and also attend and give their negotiations in front of the court of law. Do keep in mind, if you hire a lawyer, you hire them for a specific time. You are bound to pay the lawyer for that awfully specific time. Depending on your experience, a lawyer can charge you the minimum fees or even the maximum fees. However, when it comes to saving yourself from the wrong doings of others, money can not be of any concern.

  What is the importance of a lawyer?

Being a lawyer and representing a company is not an easy task. There are a number of other roles you need to look into. Here are a few points which can help you understand the importance of and significance of a lawyer.

·        Being a lawyer, you uphold the entire legal system. You are a crucial representative of the court of law, and you must find means to protect it.

·        Being a lawyer gives you an upper hands as you know inside outside the constitution. Your knowledge can help others in more ways than one.

·        Lawyers enforce the law of the land and seek justice of the law is ever challenged.

·        Lawyers offer a sense of safety and security for others. They promote social peace.

·        Lawyers act as an advisor of the society. They consult their clients with regard to their rights, freedom, and their duties. Without the proper counsel of a lawyer you will not be able to follow and understand the law of the land and follow it.

·        Lawyers are bound to keep their conversations with their clients confidential. They discuss the matters in private with the clients and hence give a sense of security and understanding to their clients.

Drafting an end of Representation Letter

Having worked with a specific lawyer for quite some time, you may have some problems letting them go. However, if you are not happy with the quality of work, you will have to let them go. There are, after all no excuses when it comes to work and the quality of work. You have been paying the lawyer by the hour. If the results are not as per your satisfaction and expectation, you have every right to let the lawyer go. However, how can you let the lawyer go or fire the lawyer. You can either be direct and let the lawyer know face to face about the issues you have been facing and how things are not working out.

There are different ways to let your lawyer go or to fire them. If you want to do the work decently, you can simply draft an end of representation letter to the lawyer and let them know gently that their services are no longer required. This is a more professional way of firing someone. However, depending on your circumstance, you can either choose to be direct with your lawyer. You can also send across a letter passing on the same statement in a more decent and professional manner.

While drafting an end of Representation letter, there are things which you need to consider. Understand, you are firing a person and that person will no longer be coming to work in your organization. Hence, it becomes all the more important for you to do the task gently and professionally. Here are a few pointers which can help you while you are drafting an end of representation letter.

·        Ensure the letter is typed in the letter head of the company. This shows that the letter is genuine and also final.

·        Do not unnecessarily write lengthy sentences. Keep the letter short and absolutely to the point so that the recipient of the letter understands the undertone of the letter.

·        Mention the Subject right on top of the letter. This gives a quick idea to the recipient about the contents of the letter. Even though in this case, the letter has no good news, yet it tells the recipient as to what to expect from the letter. Many a time if the subject line is missing from the letter, people have confused the letters tremendously.

·        Explain why you are letting go. An end of representation letter can be little emotional and challenging, however if you have taken this discussion there would be a reason behind your actions. You need to let the recipient understand the reasons behind your actions accordingly.

·        The letter is definitely for letting go the lawyer. But this in no way gives you levy to vent out your grievances against the lawyer. Ensure to keep the letter professional.

·        Never write the letter in your own handwriting. Always prefer to type the letter and keep a copy of the letter saved in your organization’s data for reference.

·        Assure the lawyer that they will be paid during their notice period and their contract.

·        Also do not forget to mention the case files the lawyer may have with them. Collect all the files and data which is of no use for the lawyer going forward- ask them to clear their desk.

·        Mention the date in the letter in dd/mm/yy format.

Sample End of Representation Letter

Keeping all the above pointers in mind, when you sit to write the end of representation letter, do be kind and forgiving. Do not take out your frustration in the letter. Hence, it is very much important that when you sit to write the letter, your mind is at peace. You should be calm and quiet. However, using the above pointers, here are a few sample templates of end of representation letter which may come handy to you. These letters are designed in such a way that you can directly copy and paste from them. You can also make your own minor changes before printing it on your company’s letterhead.

End of Representation Letter (Subject right on top)

(Name of Lawyer)

(address of Lawyer with pin code)

Date: dd/mm/yy

Dear Mr./Mrs./Ms. (full name of lawyer)

This letter is in regard to the termination of your services going forward. I appreciate your services in regard to my case, however I have been waiting for the past six months for a resolution, and we are nowhere near a resolution. I am not even getting into the financial aspect of it, but it has been observed you are never on time for the court hearings, and you have prioritized other cases over mine.

Due to all these reasons, I have decided to terminate our contract. Please send across my case file to (your address) at the earliest.

Thanks and regards,

Your address

Your contact number

This is to inform you that the legal contract has been terminated going forward. We appreciate your services and your dedication, but we have already contacted other legal counsel.

We are upset with the case progress and it has been more than a year that we are chasing the case with no resolution. Unfortunately we cannot let the trend continue and have decided for other legal counsel to get a quicker and faster response.

Please return our case file at the earliest on (your address). Also share the final bill at the same address so that we can clear the dues.

Dear Mr./Mrs./Ms. Full name of Lawyer

It was a pleasure working by your side for the past 5 years and witnessing the many ups and downs in the process. As a company, we have progressed and come a long way. We would require legal services and counsel from a bigger legal firm. We would discontinue our legal relationship going forward, but this is not a reflection on any displeasure from our side. Also, we have appreciated your dedication and hard work for the same.

Kindly forward the file of the corporate case over to our head office along with the final bill. Please be rest assured all the dues will be cleared in time.

Thank you for all your services. And all the best for your future endeavors.

Dear Mr./Mrs./Ms. Full name of Lawyer/Attorney

This is to bring to your kind attention that we are terminating our legal counsel services going forward. We have been closely following on the Case which has shown no new development or progress in these past 7 months. This has caused us lot of money and displeasure.

Hence, we have decided to discontinue the services going forward. Kindly share the case file along with the final bill to our head office address at the earliest.

Dear Mr./Mrs./Ms. Full name of lawyer / attorney

In these past 10 years we have received impeccable support and dedication from your legal counsel team. However, it is time for us to move on now and associate ourselves with a bigger counsel depending on our organization too has developed over the years.

We have achieved great success and achievements with your cooperation and coordination as well. Thank you for being such a constant source of support for us.

We shall always be grateful to you and would always refer your services to our other companies who will reach out to you shortly.

In the meanwhile, kindly send across our case files and the final bill across to our head office address.

Wishing you all the absolute best with your future endeavors. Please feel free to reach out to us for any concerns or queries.

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Client Management

Law Firm Best Practices: Sending a Closing Letter

Mary Elizabeth Hammond

Table Of Contents

When a legal case or matter has closed, it’s best practice to send a law firm closing letter to the client informing them that their legal representation has ended. Without clearly and formerly communicating closure, a client may think their representation is still occurring and lawyers risk unintentional malpractice, especially without a client portal . Closing letters not only help to clear up confusion or potential miscommunication, but it is also exceptional client service as both lawyers and clients part ways professionally and leave the door open for future business and profits . 

In this article, we will cover the importance of sending a closing letter, what your firm should include in each letter , and a written example for reference.

The Importance of Sending a Closing Letter to Clients

Knowing when a matter has ended may seem like common sense, but clients are often unfamiliar with standard legal practices. Sending a law firm closing letter eliminates client uncertainty by formally ending their legal representation in writing. 

A case closure letter also protects you and your firm from any “failure to inform” malpractice claims. 

Sending a Closing Letter: Best Practices

Below are some best practices to ensure that your closure letter effectively and clearly ends representation, while keeping clients in good graces with you and your firm for potential future business. 

• Be clear and succinct. The contents of your closure letter must be easily understood by the recipient/client. Avoid using verbose legal jargon that may confuse or mislead. Clearly state a brief description of the case, that their legal representation has ended, and thank the client for their business. No need to drag it on—keep it short and straightforward. 
• Send the closing letter in a timely manner. If you wait too long to send a closing letter, the client may still think that you are representing them. Send off your closing letter as soon as your representation has ended. This includes after a case or matter has been closed or for any other reason, such as the closing of your practice. 

How to Write a Closing Letter and What to Include 

A case closure letter should be tailored specifically to each client for a non-robotic cadence. However, there is some basic information that should be included when crafting a closure letter, including:

• Case specifics and number : Briefly outline the case and its specifics. State clearly which case you are referring to, particularly if there are multiple cases or matters with this same client. Be sure to include the case number.  
• The status of the case and any case documents : Let the client know the status of the case or matter. Include any required information on retaining case documents. For example, if your firm’s retention policy is to keep case files for x number of years, let the client know that. Or if you are returning any original client documents with the law firm closing letter, include this information. 
• The date : Date the letter. Include when the case concluded and when the client’s legal representation ended. 
• Reason for representation ending : It’s also important to include information on why the client’s legal representation is coming to an end. This may be due to the closure of the case or any organizational change (relevant to their matter) such as the closure of your practice or a new representing attorney. Whatever the reason, make it clear. 
• Any action items : List any next steps that the client needs to take care of, such as paying the final bill. 
• Gratitude: Just because you are ending your representation in this matter or case, doesn’t mean you need to end your relationship with the client. Thank the client for choosing you to represent them and let them know that you would be happy to represent them again—should they require legal assistance in the future. 
• Asking for feedback: Ask your client for feedback either with a questionnaire (you can enclose this with the letter) or by leaving your law firm an online review. Hearing feedback from clients can help you adjust and optimize your client experience. Additionally, positive online reviews can help you land more clients in the future. 

Example of a Closing Letter

To start writing your own law firm closing letter, refer to our example below:

Re: Closing of Legal Representation, {{case #}}

Dear {{client}},

Thank you for the opportunity to represent you in {{brief description of case/matter}}. 

As of {{date}}, your case {{case #}} has closed and your legal representation has ended. You can expect your final bill from us by {{date}}. 

Enclosed in this letter you will find:

• (List enclosed documents such as every relevant document, copies of final documents, original legal documents created or received from the client)
• Feedback questionnaire (if using a paper version, be sure to provide instructions on how to complete and return it)

Please review this information and let us know if you have any questions. {{Firm name}} will retain a copy of these documents for at least five years, per our retention policy. 

While this concludes our legal representation of you, please do not hesitate to contact me if you require further legal assistance or wish to retain our services again. 

It was a pleasure representing you and I hope you enjoyed working together. Please consider filling out and returning the enclosed feedback questionnaire so that I may better represent clients like you in the future. Thank you in advance for your feedback. 

All the best,

{{Lawyer}} 

{{Firm name and contact information}}

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Ending an Engagement on a High Note: What Every Attorney Should Know About Closing Letters 

Attorneys are (or should be) all too familiar with the execution of engagement letters or retainer agreements at the outset of every legal matter. These documents serve a necessary and practical purpose by delineating the scope and nature of services to be provided to the client and by setting forth general expectations that will guide the representation. A topic that receives much less attention, however, is the correspondence sent at the completion of a matter that serves to memorialize the client’s understanding that the representation has concluded, and that no further legal services will be provided under the operative retainer agreement. This article discusses the contours of closing out a file by sending a closing letter (also referred to as an end-of-engagement letter) and examines the potential consequences that may flow from failing to properly communicate the end of an engagement to a client.    

What is a Closing Letter?

A closing letter is a written communication to the client confirming the conclusion of legal services in connection with a specific engagement. In other words, a closing letter informs the client that the matter for which the lawyer was engaged to perform legal services has been completed. The correspondence should also confirm that it is not the expectation of the client that the lawyer will be providing any further representation or legal advice as to the completed matter. This serves to create a record that can be useful in a future malpractice action in which the client alleges that there was a continuing or ongoing duty by the lawyer related to a particular engagement.

Considerations for Crafting the Closing Letter

Regardless of how a representation ends, lawyers will want to be sure that a closing letter sets out the lawyer’s (or law firm’s) document and file retention policy, which should advise the client as to the mechanics of how the file is being stored. For example, the closing letter should document the period of time that the file will be held in storage, whether the file is being stored in hard copy form or electronically, and how and when copies of the file to which the client is entitled can or will be returned. Practitioners should be mindful about what client records may not be permissibly destroyed, and which need to be returned pursuant to the rules that apply in a given jurisdiction; to that end, the closing letter should inform the client the manner in which those original legally operative documents, such as contracts, deeds, trusts, and wills, may be retrieved. The letter should provide a space for the client to acknowledge receipt of documents, records, or property being provided at the end of the representation.  

Potential Pitfalls from Failing to Send a Closing Letter

A closing letter that unambiguously communicates that an engagement has concluded also helps to prevent any misunderstanding or confusion down the line about just that: whether and when the legal representation has in fact ended . This is central to the evaluation of whether a client is considered a “current” or “former” client for purposes of a conflict-of-interest analysis. Comment [4] to the Model Rules of Professional Conduct, Rule 1.3 (“MRPCs”) explains: “[i]f a lawyer has served a client over a substantial period in a variety of matters, the client sometimes may assume that the lawyer will continue to serve on a continuing basis unless the lawyer gives notice of withdrawal.” The significance of this cannot be overstated. MRPC 1.7, governing conflicts of interest involving current clients, functionally prevents an attorney from representing a client in any matter in which the client is directly averse to a current client. See Mindscape, Inc. v. Media Depot, Inc. , 973 F.Supp. 1130, 1133 (N.D. Cal. 1997) (granting disqualification motion brought against law firm in copyright infringement matter due to impermissible concurrent representation where law firm never advised plaintiff that it “considered its representation terminated.”).

Under MRPC 1.9, a lawyer is prohibited from representing a party “in the same or a substantially related matter in which the [party’s] interests are materially adverse to the interests of the former client” absent informed consent that is confirmed in writing from the former client.  Any doubt as to whether an attorney-client relationship “still exists should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the lawyer is looking after the client’s affairs when the lawyer has ceased to do so.”  Cmt. [4] to MRPC 1.3. See also Barragree v. Tri-County Elec. Coop. , 263 Kan. 446, 457 (Kan. 1997)(denying disqualification motion brought against law firm that represented plaintiff adversely to a former client, finding that the law firm’s representation of the former client concluded before the firm undertook to represent plaintiff).  

The Bottom Line

Lawyers can and should effectively communicate the completion of a representation by sending the client a closing letter. Take the time now to revisit existing protocol for closing out a matter by ensuring that part of the checklist includes a well-crafted closing letter to avoid potential headaches down the line. As legal professionals, we should all strive to end every engagement on a high note .

Reprinted with permission from the April 18, 2024 edition of The Legal Intelligencer © 2024 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or  reprints@alm.com . 

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• Practice Tips for Lawyers

Sometimes situations arise during the course of a legal representation for which the safest and best decision an attorney can make is to terminate the attorney-client relationship. Knowing how and when to do so may not only prevent further deterioration of the relationship, but it may even help reduce the risk of a bar complaint or legal malpractice claim.

In seeking to end a representation or withdraw as counsel of record, attorneys should be aware that the practical steps of withdrawal usually vary somewhat between litigation and nonlitigation matters. For example, for litigation matters in many jurisdictions, the court is required to approve the withdrawal, subject to satisfaction of various notice and filing requirements. By contrast, in nonlitigation matters, withdrawal may often be achieved by asking for and receiving the client's consent or even by simply terminating the relationship by letter.

No matter the nature of the representation, however, withdrawal implicates attorneys' ethical obligations under the rules of professional conduct. Below are some considerations inherent in ending a troublesome representation.

Terminating the representation

An attorney may withdraw from a representation if doing so can be accomplished "without material adverse effect on the interests of the client." Georgia Rules of Professional Conduct 1.16(b). This is known as permissive withdrawal.

In evaluating whether withdrawal might have a material adverse effect on the client's interests, important factors to consider include the complexity of the matter, whether co-counsel is already involved and whether there are any imminent deadlines that make it difficult for the client to find replacement counsel. For example, terminating a representation days or even weeks before a large and complex commercial real estate closing could have a material adverse effect on the client's interests.

Often, the permissive withdrawal process will be initiated by written correspondence. The letter may contain deadline information, asking for a response from the client by a specific date. The written request for permission to withdraw, coupled with the client's response (or nonresponse), is one of the most-effective tools, if faced with a later dispute regarding the circumstances of withdrawal. If the permission is granted or there is no response, then the next step is to confirm that the attorney will withdraw.

From here, additional steps are required for litigation matters, where the procedure for withdrawal is governed by court rule.

Withdrawing from litigation matters

Once the client's position is known, the next step for litigation matters is to formally withdraw from the representation and the litigation. This involves specific procedures through written notice to the client of the withdrawal. Federal courts usually have their own local procedures.

Preferably, the attorney will have outlined the withdrawal process in the engagement letter and/or fee contract so the notice can be sent consistent with that process. Georgia Uniform Superior Court Rule 4.3(2) outlines some information that must be included in the notice served on the client and filed with the court, including the client's duties to the court and the consequences the client may suffer if the client fails or refuses to meet certain obligations before retaining new counsel.

If the client is merely substituting counsel, the new attorney may file a notice of substitution of counsel with the clerk. This notice usually must contain the case caption and the name, address, phone number and bar number of the new attorney. Then, the new attorney may simply serve a copy of the notice on the former attorney, opposing counsel and the court. If those steps are followed, then typically no further action is required by the former attorney to withdraw from representing the party.

However, if the client is not substituting new counsel, the procedure is a bit more complicated. In accordance with the Georgia Uniform Superior Court Rules, an attorney who wishes to withdraw as counsel must submit a written request to the court for an order permitting the withdrawal. Rule 4.3(1). The request must state that the attorney has given the client written notice of the attorney's intent to withdraw, that 10 days have expired since notice was provided and that either the client has consented or has not objected. The rules provide other guidelines and requirements.

In most circumstances, the court will grant the request for withdrawal in accordance with the rules, unless doing so would, in the judge's discretion, delay the trial or "otherwise interrupt the orderly operation of the court or be manifestly unfair to the client." Rule 4.3.

Georgia's federal courts set forth varying requirements for withdrawing as attorney of record. For example, the U.S. District Court for the Northern District of Georgia requires attorneys to comply with the procedure set forth in Local Rule 83.1(E), while the U.S. District Court for the Southern District of Georgia mandates compliance with Local Rule 83.7. In contrast to the Georgia Uniform Superior Court Rules, these federal courts require the withdrawing attorney to provide the client with 14 days' written notice.

After terminating the representation

The Georgia Rules of Professional Conduct require the attorney to "take steps to the extent reasonably practicable to protect a client's interest" upon termination of a relationship. Rule 1.16(d). Such steps include giving the client "reasonable notice" of the termination, surrendering papers and property to which the client is entitled, and refunding advance payment of fees that have not been earned. Rule 1.16(d).

Documenting the termination of the relationship is helpful, not only because it might help ensure compliance with applicable rules but also because it helps create a clear date on which the attorney-client relationship ended. This can be critical in calculating the applicable statute of limitation for any future claim by the former client.

Terminating an attorney-client relationship can be thorny and even emotional. By being aware of one's ethical obligations, however, an attorney can take steps to terminate the relationship in the least painful way possible.

As published by the Daily Report

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