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Documenting Client Communications: The Good, the Bad, and the Ugly

Presenter – Rawn Reinhard, ALAS Vice President/Senior Loss Prevention Counsel

Lawyers should take care to document significant client communications throughout an engagement. Some of the most important types of documentation are: an engagement letter identifying the client and detailing the scope of the representation—both what is and what is not included; a letter confirming the client’s informed consent to a conflict of interest; a letter or email confirming any significant recommendations, especially those that the client rejects, as well as strategy decisions and other important advice; and a final letter confirming the work has been completed and the file closed. By adopting practices that facilitate consistent, careful documentation of these aspects of the lawyer-client relationship, firms can avoid or more easily defend against claims of disgruntled clients.