44 ARIZONA ATTORNEY MARCH 2014 www.azbar.org/AZAttorney
Joint Representation Agreement and Waiver. As we discussed, each of you could choose to be represented by separate counsel in
this matter. You have advised us that there are considerations of cost as well as strategic advantages for each of you in joint represen-
tation. You have also advised us that you have agreed on all material issues concerning this matter.
You acknowledge and agree that, despite your current consensus on all material issues, you have differing interests that may create a
conflict of interest between members of your group. You further agree that in the event a conflict of interest arises, we may withdraw
from the representation of one or more of you as necessary to resolve the conflict. In such event, you agree that we may continue to
represent the other client, even if, as a result
of such withdrawal, we may take positions
adverse to your interests in any subsequent
negotiation or proceeding relating to this
matter. [You further agree that we may continue to represent (client name) in those unrelated
matters in which the firm has previously represented and currently represents (client name).]
Shared Information. As we discussed, one of
the necessary consequences of joint representation of multiple clients by a single lawyer or
law firm is the sharing of confidential information concerning the subject matter of the
joint representation. You acknowledge and
agree that communications between the firm
and any or all of you relating to this matter
will be treated as confidential and will not
be disclosed outside your group without your
informed consent or as otherwise permitted
by the applicable rules of professional conduct
or other law. You also acknowledge and agree
that whatever relevant or material communications or information that we receive concerning this matter, including communications from any one of you, will be shared with
each of you as we consider appropriate. You
further acknowledge and agree that in the
event a dispute arises between or among one
or more of you, and you are no longer represented by us in this matter, as the result of a
conflict of interest or other cause, we may nevertheless use any confidential information we
have concerning this matter adversely to you
or to the advantage of those we continue to
represent in any subsequent negotiation or
proceeding relating to this matter.
Withdrawal by Client. Any of you may withdraw from the joint representation at any time for any reason, upon written
notice to the firm [and the others in the group]. You acknowledge and agree,
however, that: ( 1) you will remain responsible for your share of the firm’s fees
and expenses incurred to and including the date on which notice is received by
the firm; ( 2) you will be responsible for retaining and paying for separate legal
representation; and a ( 3) we may continue to represent the others in the group
consistent with the other provisions of this letter, even if we may take positions
adverse to your interests in any subsequent negotiation or proceeding relating
to this matter.
ALAS Sample Language
Re: [matter name or description]
Dear [Client]:
This letter commemorates that we have completed our engagement
as counsel for [client] in the above-referenced matter. All work has
been completed for the matter and we have formally closed our file.
During the course of our representation, we received certain documents and information from you. We have returned to you all original documents and files [with this letter.] [previously during the
representation.] Because we periodically sent you copies of all
material communications and [filings] [documents] in this matter,
you should have copies of most everything that comprises the
“file.” Nonetheless, we will send our file to an offsite facility where
it will be kept for [ten] years pursuant to the firm’s record retention
policy. I also invite you to contact me if you would like portions of
or a complete copy of the file. We can copy all of the documents
and emails to a DVD and provide it to you in electronic format.
Please let me know if you would like us to do that.
Enclosed with this letter is the final bill for services in this matter.
[Address handling of retainer and balance if one was received.]
Thank you for the opportunity to represent [you] [client] in this
matter.
Sincerely,
Sample End-of-Engagement Letter
The end-of-engagement letter should:
• confirm representation is ended/
matter is complete
• address disposition of client
documents/information
• address final billing and retainer
End of Engagement
Document Practice Pointers
—continued from p. 42
