Attorneys are (or should be) all too familiar with the execution of engagement letters or retainer agreements at the outset of every legal matter. These documents serve a necessary and practical purpose by delineating the scope and nature of services to be provided to the client and by setting forth general expectations that will guide the representation. A topic that receives much less attention, however, is the correspondence sent at the completion of a matter that serves to memorialize the client’s understanding that the representation has concluded, and that no further legal services will be provided under the operative retainer agreement. This article discusses the contours of closing out a file by sending a closing letter (also referred to as an end-of-engagement letter) and examines the potential consequences that may flow from failing to properly communicate the end of an engagement to a client.

What Is a Closing Letter?

A closing letter is a written communication to the client confirming the conclusion of legal services in connection with a specific engagement. In other words, a closing letter informs the client that the matter for which the lawyer was engaged to perform legal services has been completed. The correspondence should also confirm that it is not the expectation of the client that the lawyer will be providing any further representation or legal advice as to the completed matter. This serves to create a record that can be useful in a future malpractice action in which the client alleges that there was a continuing or ongoing duty by the lawyer related to a particular engagement.

Considerations for Crafting the Closing Letter