What is a Legal Representation Letter?
Legal representation letter is a letter used by an attorney in a formalized attorney-client relationship communication to inform someone regarding the legal representation for a certain matter. The letter of representation would be in favor of a client who is being represented by a law firm or an attorney who is representing him or her.
In some cases, a representation letter may be used to explain to someone that the client has not been represented by a certain lawyer or law firm and the person is only representing the individual in xx matter . Moreover, a representation letter can also be made as a communication letter to mention that an attorney is inquiring about a certain matter on behalf of his or her client. For instance, an attorney may write a letter of representation to an individual to represent his or her client in an inquiry sent to such person.
It should be noted that although the representation letter may be viewed as a formal declaration for some individuals, many states may have different rules in terms of when representation begins. Under the model rules of professional conduct, a lawyer should begin to represent the client if:
Essential Elements of a Legal Representation Letter
A legal representation letter is an agreement between a law firm and its client. Here are the fundamental components your representation letter should have:
Scope of Representation. This covers the specific issues for which you are being represented against the opposing party. It also deals with the jurisdiction; if you were involved in an incident, accident or a complaint in another state, a question arises regarding whether the case follows the client into the state or if it needs to be assigned to a lawyer in that state.
Fee Structures. What and how will you be paid? Oftentimes, legal malpractice suits are concerned with billing and payment, triggering a malpractice suit. It is important to be clear with the client on how, when and who will pay for your services, including retainer fees.
Client Obligations. This section is often an afterthought for lawyers but a very important element for the client. The client should be given plenty of information on how much and why they will have to pay for. It is also good practice to remind the client that they are responsible for all actions under the contract and that the firm’s staff and experts are treated with respect, just as the client expects the same treatment from you.
Drafting a Legal Representation Letter
The first step in preparing a legal representation letter is to address it to the appropriate party, which typically will be the individual or organization that needs to designate the sender – examples being a government agency, corporate entity, or an attorney’s office. In some cases, a letter may be sent to a third-party to confirm that the sender is the authorized representative of another party.
Next, the legal representation letter should contain an introductory paragraph that clearly and briefly states the purpose of the document. If there is need to disclose the specific legal proceeding in which the letter is relevant, that disclosure can often be included in the opening paragraph of the letter.
The body of a legal representation letter should point out the ability of its sender to act on behalf of the person or business whose interests are involved in the legal matter, and may also provide specific details about a demand, agreement, or other relevant circumstance pertaining to the subject of the letter.
Legal representation letters often conclude with a "reservation of rights" or other similar statement meant to ensure that neither the sender nor the recipient waives any relevant legal arguments. For example, the letter may end with a statement reserving the sender’s right to file legal action on behalf of the underlying client (or its own interests) should the situation require it.
When is a Legal Representation Letter Necessary?
Both for civil and criminal matters, there are specific legal matters that would need a letter stating that the matter is being handled by a lawyer.
In criminal cases, there may be instances where the case might be dismissed without you needing to say too much – such as a traffic ticket. If you have received a ticket and it is your first offense, your attorney can try to have the matter dismissed, and the courts will usually grant this. In this case, the attorney would submit a legal representation letter to clear up the case for you.
This is a formal matter , and so it is necessary for a person in charge of the dispute to submit the legal representation letter to the court. It is a way for the parties to the dispute to agree to speak to one party, the lawyer, instead of the other party; and, to agree to allow the lawyer to conduct business and make agreements on their behalf. In a civil case, a legal representation letter is usually needed to contact a third-party. Perhaps the suit is involving an agreement with a supplier or contractor, or a sale of goods, in these types of cases it is customary and necessary to have the attorney speak to the third party on your behalf.
Obtaining Free Legal Representation Letter PDF Templates
Fortunately, there are a number of free resources online for downloading PDF templates for legal representation letters. One of the most reputable sources for such templates can be found at spousal.support, a website dedicated to all things related to divorce. The site offers a wide range of legal representation letter templates for both standardised and more complex situations. It is generally recognised as a source for reliable information on many family law issues.
The spousal.support site also offers a number of similar PDF templates related to such things as tax liability, the division of property, spousal support, child support, and divorce. These templates can be downloaded free of charge, but it should be noted that they are fairly general. Individuals will still need to meet with their lawyers to have the document customised, and alteration of the template in any way apart from the specific information requested is not advisable.
Legal Considerations and Best Practice
When employing a legal representation letter, lawyers and their clients must consider certain legal implications and best practices to ensure they are used effectively and ethically. One key consideration is the scope of the representation. The lawyer’s letter should carefully define the scope of the representation, as well as any limitations. This is not only good practice, but it can also serve as evidence in case of a dispute over the scope of the representation. For example, if a lawyer only represented a client in a specific matter, such as a contract negotiation, the letter should explicitly state that the representation does not extend to other areas, such as litigation or regulatory compliance. Client confidentiality is another important consideration . Lawyers are bound by rules of professional conduct to maintain the confidentiality of their clients’ information. While a legal representation letter may explicitly grant the lawyer permission to disclose information to the third party, such as the client’s creditor, the lawyer must still ensure that the disclosure complies with the applicable ethics rules in their jurisdiction. For instance, in some jurisdictions, lawyers are required to notify their clients before disclosing certain types of information, or to obtain the client’s consent after the disclosure. Finally, it is essential that both lawyers and clients keep accurate records of the representation letter and any communications related to it. In the event of a dispute, these records will be invaluable for establishing the terms of the representation and the understanding between the lawyer and the client.