You’re Not Hired! The Rules of Non-Engagement (Letters)

In today’s episode of Attorney at Work Today, we explore a critical yet often overlooked aspect of law firm risk management: the “non-engagement” letter. While every lawyer dreams of hearing “You’re hired,” the reality of legal practice involves many consultations that do not lead to a formal retainer. Whether due to conflicts of interest, workload capacity, or a simple lack of alignment, declining a matter is a routine part of the business. However, as guest expert Megan Zavieh explains, failing to formally document these rejections can leave an attorney vulnerable to serious malpractice claims. If a prospective client leaves a meeting with the impression that you are looking into their case, the seeds of a perceived attorney-client relationship are already sown.

This episode dives deep into the “rules of non-engagement,” highlighting why a written confirmation is your best defense against “ghost” clients who might later claim they relied on your advice or expected you to meet a filing deadline. We discuss how to structure these letters to be professional rather than “sour grapes,” ensuring they clearly state that no investigation was performed and no legal opinion was rendered. By establishing these clear boundaries, you protect your firm’s reputation and your bottom line. Tune in to learn how a simple, well-drafted letter can be the difference between a clean break and a costly legal battle, and why making this practice a standard part of your intake process is essential for any modern firm.

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