engagement letter. Particularly when dealing with corporate
entities, it can be just as important to similarly document who
isn’t your client. This step is essential, because failing to do so is
a way of giving yourself permission to avoid going through the
necessary analysis just discussed. In addition to documenting
who is and perhaps who isn’t your client in your engagement
letter, you should also set forth the scope of representation.
Defining the scope of your work further solidifies your role, not
only in your mind, but also in the minds of those you will be
interacting with going forward.
Finally, once you have clarified who is and who isn’t your client
and thoroughly documented such, there is value in periodically
taking a moment to review what you initially concluded as the
course of representation evolves. Sometimes circumstances
change. Sometimes non-clients become confused about your
role. Sometimes you begin to get confused yourself, perhaps
due to scope creep. Regardless of the reason, take a little time t o
make sure you’re still on the right track and, if necessary, have
whatever conversations are called for in order to make certain all
non-clients remain clear as to your role and then document these
conversations. Yes, this may take a little extra time, but I know at
least one lawyer who would tell you taking that time would be
well worth it.
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