What is a disengagement letter?

A letter that tells a client in writing that the representation in a matter has ended, when it ended, which deadlines are still running and what happens to their money and their file.

When should I send a disengagement letter?

When the work is done, when you withdraw, and when the client ends the engagement. Without one, a client can argue the representation continued, which keeps your duties running.

What is a non-engagement letter?

A letter to someone you decided not to represent. It says you do not act for them, that time limits may apply to their claim and that they should see another lawyer promptly, without stating what the limitation period is.

Do I need court permission to withdraw?

If the matter is before a court whose rules require it, yes. Rule 1.16(c) requires you to keep representing the client until the court permits the withdrawal.

What happens to unearned fees in trust?

They go back to the client. Rule 1.16(d) requires any advance payment of a fee or expense not earned or incurred to be refunded, and Rule 1.15(d) requires it to be delivered promptly with an accounting on request.

Should the letter mention the statute of limitations?

Name the deadlines you know about and say that other time limits may apply. Do not give a limitation date you have not checked; a wrong date in a closing letter is a malpractice claim in waiting.

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Disengagement letter generator

Pick why the representation ends, add the deadlines and the money, and the letter is written on the right. Copy it, or download it as a PDF or a Word file.

Ending the representation

Reason

Firm and client

Firm nameLawyer

Firm address

Client name

Client address

Matter

Letter date

Representation ends

Deadlines still running

Money and file

Final invoice balance ($)Held in trust ($)

Client file

Preview

Harper Lane LLP200 Market Street, Suite 1400San Francisco, CA 94105

[Date]

Northwind Supply, Inc.48 Harbor RoadOakland, CA 94607

Re: Conclusion of our representation, Northwind Supply, Inc. v. Castell Logistics LLC

Dear Northwind Supply, Inc.,

The work you engaged us to do in Northwind Supply, Inc. v. Castell Logistics LLC is now complete. Thank you for the opportunity to represent you. This letter confirms that our representation of you in this matter has ended as of [end date].

Deadlines you need to know about

Under the settlement agreement, Castell Logistics must pay the final installment by March 31, 2027. If it does not, you may apply to enforce the agreement. From the date above, meeting these and any other deadlines is your responsibility. We recommend that you act on them promptly, yourself or through another lawyer.

Fees and funds

Our final invoice is enclosed. It shows a balance of $2,840.00 for fees and expenses up to [end date]. We hold $5,000.00 for you in our client trust account. We will apply $2,840.00 of it to the final invoice. We will refund the remaining $2,160.00 to you within 14 days, with an accounting of the trust funds.

Your file

Your file is ready for you to collect from our office, or we can send it to you or to your new lawyer on request. We will keep it for seven years, after which it may be destroyed without further notice.

After today

We will not monitor changes in the law, deadlines or developments in this matter after the date above, and we will take no further action for you unless you engage us again in writing. If you engage us on another matter, a new engagement letter will set its terms.

If you have any questions about this letter, please contact me.

Sincerely,Dana WhitfieldHarper Lane LLP

A template to check and adapt, not legal advice. It covers the steps ABA Model Rule 1.16(d) expects when a representation ends: notice, the deadlines still running, the client's file, and the refund of any unearned advance. Where a court must approve a withdrawal (Rule 1.16(c)), the letter does not replace the motion.

Why the end of a matter needs a letter

A representation that is never ended in writing can be argued to continue. In many states the time to sue a lawyer for malpractice does not start to run while the representation continues, and a client who still counts as current is owed the duties of Rule 1.7 rather than the narrower duties to a former client under Rule 1.9.

The letter fixes a date. After it, you do not monitor deadlines or changes in the law for that client, and the letter says so.

What Rule 1.16(d) asks of you

When a representation ends, ABA Model Rule 1.16(d) requires the steps reasonably practicable to protect the client: reasonable notice, time to find other counsel, surrendering the papers and property the client is entitled to, and refunding any advance fee or expense not yet earned or incurred.

Work out the money before you write. With $5,000 in trust and a final invoice of $2,840, apply $2,840 to the invoice and refund $2,160. With $1,500 in trust against the same invoice, apply it all and the client owes $1,340. The letter states the figures, so the client is not left to guess from a bank statement.

Withdrawing from a matter

Rule 1.16(b) lets a lawyer withdraw for several reasons, including a client who does not pay after a warning that the lawyer will withdraw unless the obligation is met. Give that warning in writing before the disengagement letter. If the matter is in litigation, ask the court for leave first and keep acting until it is granted; the letter then confirms the date the court allowed.

The client file

Who owns which parts of the file, and how long you must keep it, varies by state; many firms keep closed files for five to seven years. Say in the letter where the file is, how the client can get it, and when the firm may destroy its copy. If you never set those terms in the engagement letter, this is the place to do it.