If you have a new client or take on a new business for an existing client, the terms of engagement must always be in writing. It`s not just a matter of compliance with Connecticut`s rules for professional conduct, it`s also a „best practice.“ If you decide not to represent someone, it`s a good idea to write to the potential client that you refused the representation and that your company will not provide services in this area. The letter „You are not a customer“ should also confirm that the company has not received proof of trust (or limited trust) and that it has returned all documents provided by the potential customer. Although it is not advisable to provide specific legal advice, you should, where appropriate, indicate to the unsuccessful client that he or she should immediately consult another lawyer due to the possibility of an imminent limitation period or other time limit in this regard. There are also several rules in the New York Rules of Professional Conduct that apply to attorney appointment agreements. In some cases, the client may not be the one to pay the bill for the performance. This may be the case, for example, if you represent a child, but the parent pays the bill. In this case, the contractual agreement should establish the rules of confidentiality to which the obligation of confidentiality is due and explain the privilege of a lawyer. Even if the lawyer charges at an hourly rate, flat rate or on another basis, the order letter must describe the costs for which the client is responsible. The letter should simply list all of this – photocopies, express services, long-distance travel, computer research, travel expenses, legal and transcription fees, registration fees, expert fees, etc. In a good case, the letter should indicate whether the client has given the lawyer the power to bear some or all of these expenses without obtaining the client`s agreement. If the lawyer „marks“ one of the expenses, the lawyer must both disclose the amount charged to the client for those expenses (for example.B. „Photocopies are calculated at 15 cents per page“) and the fact that this fee is either greater than the lawyer`s actual expenses or that it includes a reasonable amount for overhead and administrative expenses related to the respective expenses.
(Attention: ABA Op. 93-379 (1993) provides that a lawyer may not charge more than the actual costs of „services provided by third parties“, for example. B judicial reporters, experts or travel agencies, unless the lawyer has to bear „costs in addition to the direct costs of services provided by third parties“.) „Conservation Agreement signed in writing.“ As provided in Article 1215.1(c), a letter of commitment is not required, even when a lawyer enters into a „signed written retention contract“ with a client covering the same ground as a letter of commitment. . . .