Drafting Client Engagement Agreements: Legal Ethics Considerations for Counsel

A meticulous attorney always advises clients to reduce oral agreements to writing. However, some attorneys do not heed this advice when it comes to memorializing the terms of client representation. Failure to secure a written engagement can create ambiguity and tension in the attorney-client relationship. The worst-case scenario is messy malpractice litigation. Despite the importance of such agreements, no one ethical rule contains simple guidelines for their drafting.

The engagement agreement should clearly state the financial terms of the representation: hourly, flat rate, contingency, or otherwise. The agreement should address when payment is due, the consequences of nonpayment, and the retainer and its application. Attorneys and firms must give special attention to matters relating to clients involved in any way in the cannabis business.

The engagement letter should specify the scope of representation, so it is clear to both parties what the client hired counsel to do, disclose any potential conflicts, and set the standards for future conflicts.

Listen as our authoritative panel reviews, in detail, the legal and ethical constraints regarding the terms of an engagement agreement to include discussions on client identification, scope, file retention, and more. Additionally, attendees will benefit from an analysis of using these agreements to defend against malpractice claims and disciplinary proceedings.