This article examines recent case law, and a new ethics opinion, which together underscore the need for—and benefits to be gained from—the use of well-crafted engagement letters at the outset of the attorney-client relationship, as well as the parallel utilities of closing letters when representation has concluded. These new materials also help to define what constitutes appropriate documentation of the beginning and end of engagements.
Identifying the Client
The first case, World Hill Ltd. v. Sternberg et al., 2009 WL 3805610 (N.Y. Sup., Nov. 6, 2009), exemplifies the benefits to be derived from the use of both engagement and, in the appropriate circumstances, non-engagement letters. The case involved an action to recover on a promissory note. The defendants moved to disqualify plaintiff’s attorney, Stuart Moskovitz, based upon their allegations that Mr. Moskovitz negotiated for (and accordingly represented) both sides in the transaction for which the note was given.
