Ags Client Engagement Agreement
marekbilek.cz - 2.12.2020When identifying the scope of the presentation, it is also important to be precise who the customer is and who is not the customer. Lack of clarity as to who exactly represents your business can arise in many common situations: when the company represents a company, but not its related businesses; where a business is a partnership, but not individual partners (or vice versa); When it comes to family, when only a few family members are represented; Estate issues where the deceased or executor is represented, but not the beneficiaries; and immigration is important when the lawyer represents the employer or migrant worker, but not both. In such situations, it may be necessary to spell out the extent of the lawyer-clientelist relationship. For example: „The company represents the company in this matter. The company agrees that representation does not create a legal relationship between the company and associated companies. Correct identification of the client can help defeat a disqualification request or the assertion that a prohibited conflict of interest has tainted the lawyer`s representation. If you decide not to represent someone, it is a good idea to write to the potential customer who confirms that you have refused the presentation and that your company will not provide any services in this area. The letter „You are not a customer“ should also confirm that the company has not received confidence (or received limited confidence) and has returned all documents provided by the potential customer. While it is not advisable to provide specific legal advice, you should, if necessary, advise the unsuccessful client that they should consult another lawyer immediately because of the possibility of a statute of limitations or other delays that are imminent or other time limits applicable to the case. If the representation involves several clients, it is important that the engagement letter responds to the potential adversity between the clients represented and that the letter contains provisions regarding the consent of clients to the common representation, with the letter to be signed by each of the clients. For clients represented jointly, the engagement letter should specify that confidential information, unless otherwise agreed, is exchanged systematically between customers. It should also explain what will happen in the event of future adversity among clients: the total withdrawal of the business from the business or the continued representation of one or more parties, but not all, depending on the nature of future adversity.