Attorney Disengagement Letter
(DC)

Summary

This is a disengagement letter from a law firm or attorney in District of Columbia to a current client that terminates an existing attorney-client relationship. This template includes practical guidance, drafting notes, and alternate and optional clauses. A disengagement letter should provide clear notice of the disengagement and set forth the grounds (e.g., nonpayment of fees), any outstanding case deadlines and events, and the ongoing obligation to pay outstanding fees and costs. It should also address the return of the client's files. Additionally, for ongoing actions, the letter should address the signing of a substitution of attorney form or, alternatively, give notice of the anticipated filing of a motion to withdraw. Whether the end of the attorney-client engagement is voluntary (e.g., conclusion of services or mutually agreed upon discharge and substitution) or involuntary (e.g., the client has not or will not arrange for substituted representation), it is prudent to send the client a formal disengagement letter because such a letter: • Provides clarity as to the nature of the termination • Facilitates notice to the client of critical aspects of the termination, such as: ○ Return of the client file ○ Responsibilities for future case matters (if any) ○ Substitution of counsel • Provides a specific date for the end of the attorney-client relationship (which triggers the statute of limitations for any professional negligence claims) When drafting the disengagement letter, be sure to consult the original engagement agreement, which can and should set the stage for the grounds and methods for ending the relationship, by: • Clearly setting forth the scope of the engagement and when it will come to an end (e.g., settlement, dismissal, trial) • Addressing the process of termination by both: ○ Discharge ○ Withdrawal (if necessary) For engagement and non-engagement letters, see Attorney Engagement Letter and Fee Agreement (Hourly Fee Arrangement) (DC), Attorney Engagement Letter and Fee Agreement (Contingency Fee Arrangement) (DC), and Attorney Non-engagement Letter (DC).