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Clarify whether the client is an individual, a corporation, a partnership, etc. If there are other parties closely affiliated with the client, explicitly disclaim representation of those parties.  \n􀂆 Identification of the matter – Describe the work to be done (e.g. ,“You have engaged our firm to represent you in a matter involving X with the goal of recovering damages arising out of X”) .  \n􀂆 Scope of the Engagement – Define the scope of representation by specifying what you will and will not do for the client (e.g. ,“We have agreed to do A, B, and C, but not X, Y, and Z”) . If the client has additional or future legal needs not covered by this engagement letter, state whether that additional work will need a separate engagement letter or whether an addendum to this engagement letter is sufficient.  \n􀂆 Fees and Billing – You may include the following fee and billing information in the engagement letter or use a separate fee agreement. Be aware that there are special requirements for contingency fee agreements and “earned upon receipt” fee agreements. See ORPC 1.5(c)(1)-(2), ORS 20.340, and ORPC 1.5(c)(3), respectively.  \no Payor– Specify who is responsible for paying your attorney fees. If a third party is responsible, comply with ORPC 1.8(f) to make proper disclosure and get the client’s informed consent. Redact your billing statements if they are sent to the third party to protect client information. See OSB Formal Ethics Op. 2005-157. Specify who should get any prepaid but unearned fees when the representation concludes.  \no Rates and basis – Explain the hourly rates for the lawyers and staff working on the matter and how they are calculated. Explain the types of tasks or activities for which the client will be billed.  \no Retainer (deposit) or advanced flat fee – If you’re requesting a retainer or charging a flat fee paid in advance, specify the amount and explain that the money will be deposited in the lawyer trust account to be withdrawn only after work is completed and a statement is sent to the client.  \no Expenses and costs –Explain who is responsible for costs and expenses incurred in the matter. Specify which expenses may be advanced by you and which are paid directly by the client. If you plan to advance expenses, clearly state the client’s obligation to pay you back.  \no Non-cash payment – If you’re going to be paid by means other than cash or check, such as security or interest in property or cryptocurrency, you want a clear statement of the rights and obligations about those types of payments.  \no Consequence of non-payment – State what will happen if the client fails to make timely payment or keep current on the retainer balance.  \no Billing procedures – State how often the client will be billed (e.g. , monthly), when the client will be billed (e.g. , end or beginning of the month), how the client will receive the billing statement (e.g. , by mail or email), when payment is due or when funds are withdrawn from the trust account, and the procedures for withdrawing funds.  \nPROFESSIONAL LIABILITY FUND [05/2023] Checklist for Drafting Engagement Letters-Page 1 of 3  \nCHECKLIST FOR DRAFTING ENGAGEMENT LETTERS  \n􀂆 Client’s obligations – Describe the client’s responsibilities, which should include: (1) providing complete and accurate information to the best of the client’s knowledge (2) notifying the lawyer of changes to personal and residence information and (3) cooperating with the lawyer in the representation of the case. Outline other responsibilities or tasks that the client needs to fulfill, decisions to be made, or documents or information to produce.  \n􀂆 Conflicts of Interest – Dis","cbCaivTZ1MnWokLS","https://ap.wps.com/l/cbCaivTZ1MnWokLS","pdf",133987,"English","# CHECKLIST FOR DRAFTING ENGAGEMENT LETTERS\n## Acceptance of Engagement and Identification\n## Identification of the Matter and Scope of Engagement\n## Fees and Billing Provisions\n## Client’s Obligations\n## Conflicts of Interest\n## Communication Guidelines\n## File Storage, Retention, and Destruction","[{\"question\":\"What should an engagement letter clearly state about acceptance of engagement?\",\"answer\":\"It should state that the client has agreed to hire the lawyer and that the lawyer has agreed to represent the client.\"},{\"question\":\"How should fees and billing be handled in an engagement letter?\",\"answer\":\"The letter should specify payor responsibility, hourly rates and billing basis, retainer or advanced flat-fee trust accounting, expense and cost responsibilities, any non-cash payment rights and obligations, consequences for non-payment, and the billing timeline, delivery method, due dates, and withdrawal procedures.\"},{\"question\":\"What conflict and communication items are required in the checklist?\",\"answer\":\"The letter should disclose personal and imputed conflicts, including conflicts with current and past clients, and address joint representation issues such as confidentiality and diverging interests. It should also specify preferred contact date/time and method, emergency contact guidance, and file storage/retention/destruction practices.\"}]","Checklist for Drafting Engagement Letters | PDF",1789488477]