Non-Representation Letter

Summary

This template is a non-representation letter to advise the attorney’s client and other parties to a transaction or litigation that the attorney represents only the attorney’s client and does not represent, and will not provide legal services for, other parties. States may have specific rules of professional conduct that govern such disclosures. This template includes practical guidance. An in-house attorney may need this type of disclosure when representing the employer in a matter in which the employer’s interests are inapposite to those of an employee who is also a party to the matter, requiring separate counsel to represent the employee. This situation arises most often in connection with litigation in which both the employer and the employee are named as defendants and the most likely defense of either is to assign responsibility for any misconduct to the other. For a full listing of key content covering management of in-house legal departments, see In-House Legal Department Management Resource Kit. For related practice notes, see Who Is In-House Counsel’s Client?, In-House Applicability of ABA Model Rules and Miscellaneous Provisions, and Conflicts of Interest for In-House Counsel.