Attorney Non-engagement Letter
(NJ)

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 in a proposed New Jersey action. It 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 evaluating new clients, see Client Evaluation Checklist (NJ). For a new client intake template, see Client Intake Form (NJ). 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 (as opposed to a substitution via letter confirmation) then the court may require a motion seeking withdrawal. 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 a full listing of key content covering fundamental civil litigation tasks throughout a New Jersey state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NJ).