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... 10 Transmittal Letter to Client Long Version... 11 Transmittal Letter to Client Retainer Already Paid... 12 Transmittal Letter to Client With Signed Contract... 13 Basic Divorce Employment Contract Hourly Rates with Retainer... 14 Basic Divorce Employment Contract Fixed Fee for Specified Service... 17 CHAPTER 4 Billing Letters... 19 Letter to Client To Set Up Payment Plan... 20 Letter to Client Past Due Balance... 21 iii
Letter to Client Set Up Evergreen Fund... 22 Letter to Client Use of Retainer... 23 Letter to Client About Fees When Client Drops Matter... 24 Letter to Client About Closed Checking Account... 25 Letter to Third Party Who Paid Fees for Client... 26 Letter to Client Who Has Questioned Fees... 27 Letter to Client to Pay an Expense Directly... 29 Letter to Client Requesting Additional Money for Expenses... 30 CHAPTER 5 Withdrawal... 31 Letter to Client that Attorney Is Withdrawing from Representation... 32 To Client Alternate Notice of Withdrawal... 33 Formal Letter from Attorney to Client Withdrawing from Representation Form Required in Georgia... 34 Letter from Former Counsel to New Counsel... 35 Transmittal Letter to Clerk with Substitution of Counsel Notice... 36 Letter from New Attorney to Opposing Counsel... 37 Letter from Opposing Counsel to Newly Unrepresented Opposing Party... 38 Letter Notifying Opposing Counsel of Withdrawal... 39 Letter to the Court Re: Withdrawal if No Petition Is Required... 40 Letter from Opposing Counsel to Discharged Counsel... 41 Letter to Opposing Counsel from Replacement Counsel... 42 Letter from New Counsel to Discharged Counsel... 43 Letter to Client Re: File Transfer... 44 Letter from Former Attorney to Replacement Re: File Transfer... 45 Transmittal Letter from Discharged Attorney to New Counsel with File... 46 Letter from Discharged Attorney to New Attorney... 47 CHAPTER 6 Pleadings Transmittal Letters... 49 Transmittal Letter to Court Clerk... 50 Transmittal Letter to Client with Complaint and Discovery Pleadings... 51 Transmittal Letter with Answer and Discovery Received from Opposing Counsel... 53 Transmittal Letter to Client with Draft of Answer, Counterclaim and Discovery Pleadings... 54 Transmittal Letter to Client with Answer and Discovery from Opposing Counsel... 56 Transmittal Letter to Client with Draft of Answer Short Version... 57 Letter to Unrepresented Defendant that Complaint Has Been Filed... 58 iv
CHAPTER 7 Financial Affidavit... 59 Transmittal Letter to Client with Financial Affidavit... 60 Transmittal Letter to Client with Financial Affidavit from Opposing Party... 61 CHAPTER 8 Written Discovery... 63 Transmittal Letter to Client with Discovery Filed by Opposing Counsel... 64 Transmittal Letter to Client with Discovery Filed by Opposing Counsel Short Version... 65 Transmittal Letter to Client with Opposing Party s Discovery Responses... 66 Transmittal Letter to Client with Answer and Discovery from Opposing Counsel... 67 Transmittal Letter to Client with Responses from Opposing Party.. 68 Transmittal Letter to Client with Sketchy Discovery Responses... 69 Letter to Client Reporting on Discovery Progress... 70 First Letter to Opposing Counsel Seeking Overdue Discovery Responses... 71 Letter to Opposing Counsel Re: Incomplete Discovery Responses... 72 Letter to Opposing Counsel Listing Missing Documents... 73 Detailed Letter to Opposing Counsel Re: Missing Discovery... 74 Perseverance Another Letter to Opposing Counsel Re: Missing Discovery... 76 Letter to Opposing Counsel Re: Missing Discovery Different Tack... 77 Response to Opposing Counsel in Discovery Battle... 78 Response to Opposing Counsel with Documents Ready... 79 Transmittal Letter to Third Party with Discovery Subpoena... 80 Letter to Counsel for Third Party Re: Subpoena for Production of Evidence... 81 Letter to Opposing Counsel Limiting Discovery... 82 Letter to Opposing Counsel Re: Document Production Problems.. 84 Transmittal Letter to Opposing Counsel with Motion to Compel Discovery... 85 Transmittal Letter to Opposing Counsel with Discovery Objections... 86 Letter to Opposing Counsel Re: Discovery Problems... 87 v
CHAPTER 9 Depositions... 89 Letter to Client Re: Request of Opposing Counsel for Deposition... 90 Short Letter to Client Re: Request of Opposing Counsel for Deposition... 92 Letter to Client Re: Depositions of Third Parties by Opponent... 93 Transmittal Letter to Client with Deposition Transcript and Errata Sheet... 94 Letter to Court Reporter Confirming Deposition... 95 Transmittal of Notice of Deposition to Opposing Counsel... 96 Letter to Opposing Counsel Scheduling Depositions of Parties... 97 Letter to Opposing Counsel in Response to Notice of Deposition... 98 Letter to Opposing Counsel Scheduling Several Depositions... 99 Letter to Opposing Counsel Confirming Several Depositions Plus Other Matters... 100 Transmittal Letter to Third Party (Bank) with Subpoena for the Production of Evidence at a Deposition... 102 Transmittal Letter to Third Party (Credit Card Information) with Subpoena for the Production of Evidence at a Deposition... 103 Transmittal Letter to Opposing Counsel Objecting to Third-Party Deposition Subpoena... 104 Response to Opposing Counsel and Objection to Third-Party Subpoena for the Production of Medical Evidence at a Deposition... 105 Letter from Attorney for Third-Party Corporation Regarding Discovery Subpoena... 106 CHAPTER 10 Scheduling Various Pretrial Matters... 109 Letter to Clerk Requesting Information for Filing Complaint in Local Court... 110 Letter to Judge s Secretary to Confirm That Hearing Has Been Scheduled... 111 Letter to Judge s Secretary Requesting Case Be Stipulated to Trial Calendar... 112 Letter to Judge to Remove Case from One Calendar and Specially Set on Another... 113 Letter to Remove Case from Calendar Because of Leave of Absence... 114 Letter to Clerk Confirming that Case Has Been Removed from One Calendar and Placed on Another... 115 Letter to Judge s Secretary Specially Setting Case for Trial... 116 vi
Letter to Court Asking for Continuance Because of Temporary Settlement... 117 Letter to Court Asking for Continuance Because of Illness... 118 Letter Notifying Court that Attorney No Longer Represents Client... 119 Letter to Judge Requesting Continuance Because of a Leave of Absence... 120 Letter to Judge Objecting to Opposing Counsel s Request for Continuance... 121 Conflict Letter When You Have to Be in More Than One Place at the Same Time... 122 Notice of Leave of Absence... 124 Letter to Clerk for Leave of Absence... 125 Notice of Leave of Absence... 126 CHAPTER 11 Temporary Matters... 127 Letter to Judge Asking that a Judge from Another Circuit Be Appointed... 128 Letter to Newly Appointed Judge... 129 Letter Notifying Judge that Contempt Matter Has Been Resolved... 130 Letter to Opposing Counsel with Problems... 131 Letter Confirming Client Is Coming to Marital Residence to Retrieve Items... 132 Letter to Judge Rescinding Waiver to Review Custody Report... 133 Three Letters to Court Summarizing Closing Arguments for Parties After Temporary Modification Hearing... 134 1. Letter on Behalf of Defendant Arguing Why a Temporary Reduction in Support for Plaintiff Should Be Denied... 134 2. Letter Summarizing Closing Argument for Plaintiff and Rebutting Defendant s Closing Argument... 137 3. Letter Regarding Defendant s Final Word in Written Closing Argument for Defendant... 142 Letter to Judge Explaining Why a Second Temporary Hearing Is Necessary... 144 Transmittal Letter to Opposing Counsel with a Draft of an Order... 146 Transmittal Letter to Court with Order Drafted After Hearing... 147 Transmittal Letter to Judge with Proposed Consent Order... 148 Transmittal Letter to Client with Consent Order... 149 Transmittal Letter to Client with Consent Order... 150 Letter to Opposing Counsel Approving Temporary Order... 151 Transmittal Letter to Client with Unfavorable Contempt Order... 152 vii
Letter to Opposing Counsel Explaining Client s Actions About Money/Assets... 153 Transmittal Letter to Client with Letter from Opposing Counsel... 155 Letter to Opposing Counsel Summarizing Temporary Settlement... 156 CHAPTER 12 Mediation... 157 Letter to Client with General Explanation of Mediation... 158 Letter to Opposing Counsel to Lay Groundwork for Mediation... 160 Letter to Client About Scheduling Mediation... 161 Letter to Opposing Counsel with Proposed Consent Order for Mediation... 162 Letter to Mediator Confirming Mediation... 163 Letter to Court Mediation Supervisor... 164 CHAPTER 13 Trial... 165 Letter to Client to Contact Subpoenaed Witnesses... 166 Letter to Client with Affidavit Form... 167 Transmittal Letter to Witness with Subpoena... 168 CHAPTER 14 Settlements... 171 Settlement Offer to Opposing Counsel... 172 Letter to Opposing Counsel with Settlement Proposal (Visitation Includes Jewish Holidays)... 175 Letter to Opposing Counsel Proposing Partial Settlement Financial Issues Only... 179 Letter to Opposing Counsel Disputing Terms of Proposed Temporary Order... 182 Transmittal Letter to Client with Settlement Agreement... 185 Transmittal Letter to Client with Draft of Agreement... 186 Example of a Settlement Agreement of Unmarried Parents with One Child Bare Minimum... 187 Example of Settlement Extensive Visitation... 191 Example of Settlement Agreement No Children... 200 Letter to Opposing Counsel Formally Rejecting Offer... 211 Letter to Opposing Counsel Regarding Delayed Resolution... 212 Letter to Opposing Counsel with Follow-Up Items... 213 viii
CHAPTER 15 Closing Matters... 215 Letter to Get Information for Funds Transfer Under a Qualified Domestic Relations Order... 216 Transmittal Letter for Qualified Domestic Relations Order... 217 Final Summary Letter to Client... 218 Transmittal Letter to Opposing Counsel with Final Decree... 220 Short Close-Out Letter to Client... 221 CHAPTER 16 Prenuptial Agreements... 223 Letter to Client with Overview of Proposed Prenuptial Agreement Prepared by Other Attorney... 224 Transmittal Letter to Client with Summary Overview of Proposed Prenuptial Agreement... 227 ix