Attorney Non-engagement Letter
(FL)

Summary

This template is a non-engagement letter that you can use to formally notify a potential client that you or your firm has declined representation in a proposed Florida court civil case. It includes practical guidance, drafting notes, and alternate and optional clauses. By expressly declining the representation in a non-engagement letter, you can help insulate yourself from later claims that the parties formed an attorney-client relationship, as well as from liability for malpractice or related claims. The letter should clearly: • Set forth the circumstances of the consultation with the potential client. Include the date of the consultation. • Recite the scope of the contemplated representation. • Identify any relevant forthcoming deadlines of which you are aware (such as a statute of limitations or answer deadline). • Include an unambiguous statement that you are declining the representation. Note that, even after declining the representation, you must preserve confidentiality over any information that the former potential client revealed during the consultation. With minor modifications, this letter also can be used to disengage from a client after representation has commenced. If, however, a formal withdrawal is required, the court may require a motion seeking withdrawal and the court entering an order approving same (usually after notice to the client you seek withdrawal from). 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. For more on evaluating new clients, see Client Evaluation Checklist (FL). For template engagement letters, see Attorney Engagement Letter and Fee Agreement (FL). For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL).