Acknowledgments...xi. Introduction... xiii. Sample Date-Stamped Letter...xvii. About the Author...xix

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1 Contents Acknowledgments...xi Introduction... xiii Sample Date-Stamped Letter...xvii About the Author...xix CHAPTER 1 Initial Client Contact... 1 Letter to Prospective Client When No Appointment Is Made but Prospect Has Been Served with a Complaint... 2 Letter to Prospective Client When Appointment Has Been Made... 3 Letter to Referral Source... 4 CHAPTER 2 Declination Letters... 5 Letter After Appointment When You Have Not Been Retained... 6 Letter After Appointment When You Have Not Been Retained and an Action Is Pending... 7 CHAPTER 3 Retention Letters and Employment Contracts... 9 Transmittal Letter to Client Short Version Transmittal Letter to Client Long Version Transmittal Letter to Client Retainer Already Paid Transmittal Letter to Client With Signed Contract Basic Divorce Employment Contract Hourly Rates with Retainer Basic Divorce Employment Contract Fixed Fee for Specified Service CHAPTER 4 Billing Letters Letter to Client To Set Up Payment Plan Letter to Client Past Due Balance iii

2 Letter to Client Set Up Evergreen Fund Letter to Client Use of Retainer Letter to Client About Fees When Client Drops Matter Letter to Client About Closed Checking Account Letter to Third Party Who Paid Fees for Client Letter to Client Who Has Questioned Fees Letter to Client to Pay an Expense Directly Letter to Client Requesting Additional Money for Expenses CHAPTER 5 Withdrawal Letter to Client that Attorney Is Withdrawing from Representation To Client Alternate Notice of Withdrawal Formal Letter from Attorney to Client Withdrawing from Representation Form Required in Georgia Letter from Former Counsel to New Counsel Transmittal Letter to Clerk with Substitution of Counsel Notice Letter from New Attorney to Opposing Counsel Letter from Opposing Counsel to Newly Unrepresented Opposing Party Letter Notifying Opposing Counsel of Withdrawal Letter to the Court Re: Withdrawal if No Petition Is Required Letter from Opposing Counsel to Discharged Counsel Letter to Opposing Counsel from Replacement Counsel Letter from New Counsel to Discharged Counsel Letter to Client Re: File Transfer Letter from Former Attorney to Replacement Re: File Transfer Transmittal Letter from Discharged Attorney to New Counsel with File Letter from Discharged Attorney to New Attorney CHAPTER 6 Pleadings Transmittal Letters Transmittal Letter to Court Clerk Transmittal Letter to Client with Complaint and Discovery Pleadings Transmittal Letter with Answer and Discovery Received from Opposing Counsel Transmittal Letter to Client with Draft of Answer, Counterclaim and Discovery Pleadings Transmittal Letter to Client with Answer and Discovery from Opposing Counsel Transmittal Letter to Client with Draft of Answer Short Version Letter to Unrepresented Defendant that Complaint Has Been Filed iv

3 CHAPTER 7 Financial Affidavit Transmittal Letter to Client with Financial Affidavit Transmittal Letter to Client with Financial Affidavit from Opposing Party CHAPTER 8 Written Discovery Transmittal Letter to Client with Discovery Filed by Opposing Counsel Transmittal Letter to Client with Discovery Filed by Opposing Counsel Short Version Transmittal Letter to Client with Opposing Party s Discovery Responses Transmittal Letter to Client with Answer and Discovery from Opposing Counsel Transmittal Letter to Client with Responses from Opposing Party.. 68 Transmittal Letter to Client with Sketchy Discovery Responses Letter to Client Reporting on Discovery Progress First Letter to Opposing Counsel Seeking Overdue Discovery Responses Letter to Opposing Counsel Re: Incomplete Discovery Responses Letter to Opposing Counsel Listing Missing Documents Detailed Letter to Opposing Counsel Re: Missing Discovery Perseverance Another Letter to Opposing Counsel Re: Missing Discovery Letter to Opposing Counsel Re: Missing Discovery Different Tack Response to Opposing Counsel in Discovery Battle Response to Opposing Counsel with Documents Ready Transmittal Letter to Third Party with Discovery Subpoena Letter to Counsel for Third Party Re: Subpoena for Production of Evidence Letter to Opposing Counsel Limiting Discovery Letter to Opposing Counsel Re: Document Production Problems.. 84 Transmittal Letter to Opposing Counsel with Motion to Compel Discovery Transmittal Letter to Opposing Counsel with Discovery Objections Letter to Opposing Counsel Re: Discovery Problems v

4 CHAPTER 9 Depositions Letter to Client Re: Request of Opposing Counsel for Deposition Short Letter to Client Re: Request of Opposing Counsel for Deposition Letter to Client Re: Depositions of Third Parties by Opponent Transmittal Letter to Client with Deposition Transcript and Errata Sheet Letter to Court Reporter Confirming Deposition Transmittal of Notice of Deposition to Opposing Counsel Letter to Opposing Counsel Scheduling Depositions of Parties Letter to Opposing Counsel in Response to Notice of Deposition Letter to Opposing Counsel Scheduling Several Depositions Letter to Opposing Counsel Confirming Several Depositions Plus Other Matters Transmittal Letter to Third Party (Bank) with Subpoena for the Production of Evidence at a Deposition Transmittal Letter to Third Party (Credit Card Information) with Subpoena for the Production of Evidence at a Deposition Transmittal Letter to Opposing Counsel Objecting to Third-Party Deposition Subpoena Response to Opposing Counsel and Objection to Third-Party Subpoena for the Production of Medical Evidence at a Deposition Letter from Attorney for Third-Party Corporation Regarding Discovery Subpoena CHAPTER 10 Scheduling Various Pretrial Matters Letter to Clerk Requesting Information for Filing Complaint in Local Court Letter to Judge s Secretary to Confirm That Hearing Has Been Scheduled Letter to Judge s Secretary Requesting Case Be Stipulated to Trial Calendar Letter to Judge to Remove Case from One Calendar and Specially Set on Another Letter to Remove Case from Calendar Because of Leave of Absence Letter to Clerk Confirming that Case Has Been Removed from One Calendar and Placed on Another Letter to Judge s Secretary Specially Setting Case for Trial vi

5 Letter to Court Asking for Continuance Because of Temporary Settlement Letter to Court Asking for Continuance Because of Illness Letter Notifying Court that Attorney No Longer Represents Client Letter to Judge Requesting Continuance Because of a Leave of Absence Letter to Judge Objecting to Opposing Counsel s Request for Continuance Conflict Letter When You Have to Be in More Than One Place at the Same Time Notice of Leave of Absence Letter to Clerk for Leave of Absence Notice of Leave of Absence CHAPTER 11 Temporary Matters Letter to Judge Asking that a Judge from Another Circuit Be Appointed Letter to Newly Appointed Judge Letter Notifying Judge that Contempt Matter Has Been Resolved Letter to Opposing Counsel with Problems Letter Confirming Client Is Coming to Marital Residence to Retrieve Items Letter to Judge Rescinding Waiver to Review Custody Report Three Letters to Court Summarizing Closing Arguments for Parties After Temporary Modification Hearing Letter on Behalf of Defendant Arguing Why a Temporary Reduction in Support for Plaintiff Should Be Denied Letter Summarizing Closing Argument for Plaintiff and Rebutting Defendant s Closing Argument Letter Regarding Defendant s Final Word in Written Closing Argument for Defendant Letter to Judge Explaining Why a Second Temporary Hearing Is Necessary Transmittal Letter to Opposing Counsel with a Draft of an Order Transmittal Letter to Court with Order Drafted After Hearing Transmittal Letter to Judge with Proposed Consent Order Transmittal Letter to Client with Consent Order Transmittal Letter to Client with Consent Order Letter to Opposing Counsel Approving Temporary Order Transmittal Letter to Client with Unfavorable Contempt Order vii

6 Letter to Opposing Counsel Explaining Client s Actions About Money/Assets Transmittal Letter to Client with Letter from Opposing Counsel Letter to Opposing Counsel Summarizing Temporary Settlement CHAPTER 12 Mediation Letter to Client with General Explanation of Mediation Letter to Opposing Counsel to Lay Groundwork for Mediation Letter to Client About Scheduling Mediation Letter to Opposing Counsel with Proposed Consent Order for Mediation Letter to Mediator Confirming Mediation Letter to Court Mediation Supervisor CHAPTER 13 Trial Letter to Client to Contact Subpoenaed Witnesses Letter to Client with Affidavit Form Transmittal Letter to Witness with Subpoena CHAPTER 14 Settlements Settlement Offer to Opposing Counsel Letter to Opposing Counsel with Settlement Proposal (Visitation Includes Jewish Holidays) Letter to Opposing Counsel Proposing Partial Settlement Financial Issues Only Letter to Opposing Counsel Disputing Terms of Proposed Temporary Order Transmittal Letter to Client with Settlement Agreement Transmittal Letter to Client with Draft of Agreement Example of a Settlement Agreement of Unmarried Parents with One Child Bare Minimum Example of Settlement Extensive Visitation Example of Settlement Agreement No Children Letter to Opposing Counsel Formally Rejecting Offer Letter to Opposing Counsel Regarding Delayed Resolution Letter to Opposing Counsel with Follow-Up Items viii

7 CHAPTER 15 Closing Matters Letter to Get Information for Funds Transfer Under a Qualified Domestic Relations Order Transmittal Letter for Qualified Domestic Relations Order Final Summary Letter to Client Transmittal Letter to Opposing Counsel with Final Decree Short Close-Out Letter to Client CHAPTER 16 Prenuptial Agreements Letter to Client with Overview of Proposed Prenuptial Agreement Prepared by Other Attorney Transmittal Letter to Client with Summary Overview of Proposed Prenuptial Agreement ix

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