Model Engagement Letter to Individual Pro Bono Client
[Insert Date]
[Pro Bono Client Name]
[Address]
Dear [Client Name]:
I am pleased to confirm that [insert firm name] (“we” or the “Firm”) will represent and advise you on a pro bono basis in connection with [insert description of the matter]. We send you this letter to describe certain terms and conditions of our representation of you.
Our services will be provided to you on a pro bono basis, which means that we will not charge you for our legal fees for time spent by the lawyers and paralegal personnel who work on the matter. [For non-indigent individuals: We will, however, bill you for items incident to the performance of our legal services such as court filing fees, or any other fees that become necessary. We will discuss with you any and all such expenses prior to their occurrence, if any such expenses arise.]
We are committed to performing services for you to the best of our ability and with the independent professional judgment that an attorney owes to a client in accordance with the New York Rules of Professional Conduct, as currently effective (the “New York Rules”) (which you and we agree will be applicable to this engagement). We reserve our right to withdraw as your lawyers if we believe it necessary to do so, including if there is a serious breakdown in our mutual communication or if we have a fundamental disagreement over the handling of this matter.
We do not disclose nonpublic information about our clients or former clients to anyone, except as permitted by law and the New York Rules. We will preserve the confidentiality of any confidential information that you provide to us in the course of our representing you and will not disclose or use any such information for the benefit of any other client. Conversely, we will not disclose to you or use on your behalf any information with respect to which we owe a duty of confidentiality to another client or person.
You, and not any entity with which you may be affiliated as shareholder, officer, director or employee, are our client for purposes of the engagement covered by this letter.
Once our services, described above, are completed, our attorney-client relationship will end unless we later agree to represent you. This representation does not extend to any appeals or post-judgment actions or any subsequent proceedings or applications, if applicable. This letter in no way obligates the Firm to accept any further representation in the future. If we later agree to perform new services, our attorney-client relationship will be revived subject to the terms of a new engagement letter.
Any advice provided by us is for your benefit alone and must not be used or relied upon by third parties. The Firm’s duty of care does not extend to third parties, except where such responsibility is accepted by us in writing.
By signing this letter, you acknowledge that we have made no representations to you, express or implied, concerning the outcome of the matter of this representation. You further acknowledge that we have not guaranteed and cannot guarantee the success of any action taken by the firm on your behalf during our representation.
All records and files will be retained and disposed of in compliance with our policy in effect from time to time. We will send copies of any relevant documents and filings to you upon your request. It is not administratively feasible for us to advise you of the closing of a matter or the disposal of records. We recommend, therefore, that you maintain your own files for reference or submit a written request for your client files promptly upon conclusion of this matter.
By signing this letter, you acknowledge that you have read this letter in its entirety, have had a full and satisfactory explanation of its contents and have had a full opportunity to ask questions and consider its terms. You further acknowledge that you fully understand its terms and that there are no additional or different terms or agreements with the Firm other than those expressly set forth in this letter. You acknowledge that, if applicable, to the extent required by applicable law or court rule, we are authorized to disclose or file a copy of this engagement letter with any tribunal in which your action is pending or shall be pending.
We look forward to working with you. If you have any questions about any of the arrangements detailed in this letter, please let us know. Otherwise, please keep one original for your files and sign and return the other original to me.
Very truly yours,
[Insert firm name]
[Insert Partner’s Name for Signature]
[Insert Associate’s Name]
I HAVE READ AND UNDERSTAND THE
ABOVE LETTER, AND ACKNOWLEDGE ITS RECEIPT
Client: ______
Date: ______