Attorney Non-Engagement Letter
(GA)

Summary

This template is a non-engagement letter that can be used to formally notify a potential client that an attorney or firm has declined representation. This template includes practical guidance, drafting notes, and alternate and optional clauses. A non-engagement letter should clearly set forth the circumstances of the consultation with the potential client, the scope of the contemplated representation, any relevant forthcoming deadlines of which you are aware (such as a statute of limitations or answer deadline), and an unambiguous statement that you are declining the representation. The letter helps insulate you from later claims that the parties shared an attorney-client relationship, as well as from liability for malpractice or related claims. Since each state maintains its own rules of professional conduct and ethics, be sure to check for any different or additional jurisdiction-specific requirements for non-engagement letters. For more on things to consider when beginning a lawsuit in Georgia, see Commencing a Lawsuit: Initial Considerations Checklist (GA). For more information on initial client retention, see Client Evaluation Checklist (Plaintiff) (Federal) and Client Intake Form (Federal). With minor modifications, this letter also can be used to disengage from a client after representation has commenced. You can also use our standard disengagement letter, see Attorney Disengagement Letter (Federal). If, however, a formal withdrawal is required (as opposed to a substitution via letter confirmation) then the court may require a motion seeking withdrawal. Such a disengagement letter not only provides clarity as to the termination of the relationship, but in many states it also begins the statute for any malpractice claims—which otherwise might be tolled due to continuing representation. If the potential client came to you by way of a referral, it is often good practice to advise the referring source of the non-engagement, thank them for the referral, and advise them that you connected with the potential client but could not become their attorney.