When you book a consultation, you might think you will have a long agreement to sign before we get started. We are often asked by clients for a “letter of engagement” prior to discussing an invention, a new branding campaign or other activity. We don’t provide such letters. Why? Simple: we find them a clear conflict of interest.

As attorneys, we can inject terms and conditions into such agreements that dramatically favor the law firm over the client. However, what about our duty to represent our clients’ best interests? These letters of engagements proffered by bar associations and legal practice advisors immediately set the attorney and client in an adversarial relationship. A well-informed client would not sign such agreement without legal review. So, would the client have to hire Firm B to review an engagement letter for Firm A? Would Firm B also have a letter of engagement to sign prior to the review? The result is nonsensical.

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