Non-Engagement Letter – Default Judgment Option Clause

Non-Engagement Letter – Default Judgment Option Clause



[Name and Address of Client] 

            Re: Consultation of [date of consult] 


Dear ______________: 

Thank you for [meeting with me] / [speaking with me by telephone] on _______ to discuss __________________. I greatly appreciate the confidence you have expressed in our firm, but we are not in a position to represent you on this particular matter. 

OPTION 1 [Please be advised that your claim may become barred by the passage of time as a result of the applicable statute of limitations. Therefore, you should consult another attorney immediately about your claim.] 

OPTION 2 [Please be advised a default judgment may be entered against you if an answer or other action is not taken in a timely manner. Therefore, you should consult another attorney immediately about responding to this claim.] 

I would also like to emphasize that in declining to represent you, the firm is not expressing an opinion on the merits of your case. We neither had an opportunity to investigate the facts in this matter nor to research the applicable law. 

[Since we did not undertake to provide you with any legal advice regarding this matter, no charge is being made for any legal fees or expenses.] 

[I am enclosing all the original documents and materials you left with me following our meeting.]1 In the future should you require legal assistance regarding some other matter, I hope you will contact me. 

Sincerely yours, 

[Name of Firm] 


[Name of Attorney] 


NOTE: This material is intended as only an example, which you may use in developing your own form. It is not considered legal advice and as always, you will need to do your own research to make your own conclusions with regard to the laws and ethical opinions of your jurisdiction. In no event will ISBA Mutual Insurance Company be liable for any direct, indirect, or consequential damages resulting from the use of this material.