The State Bar Association of North Dakota Fall 2015 Gavel Magazine | Page 17

This documentation not only confirms your
understanding of what the client’s needs are,
thus avoiding the running with assumptions
misstep, but can even be an opportunity to
ask if there is anything else you might be
able to assist the client with. What harm is
there in asking for additional work?
Given what we’re seeing in claims coupled
with more and more attorneys moving
into limited scope representation, I
would also encourage you to consider
documenting what you are not going to do.
If there happens to be a workman’s comp.
component to a personal injury claim and
you have no intention of handling that
piece, put it in writing! The same could be
said for those of you who handle divorces or
obtain large settlements of any type but also
have no intention of advising those clients
as to any tax ramifications that might arise.
If you are only being retained to provide a
second opinion, document that you have no
obligation to file suit on the client’s behalf.
It’s all about documenting that the client
was made aware of what you will and will

not be doing. Further, where called for,
you might also consider documenting that
you advised them to seek the services of
someone who can assist them on those
issues that you won’t be.
Finally, it is always a good idea to
document that the representation has
ended and inform the client that the file is
about to be closed, or that the file relative
to a particular matter for an on-going
client will be closed. A letter of closure
sent at the conclusion of representation
can meet this need quite effectively. At its
most basic level this letter simply confirms
for the client that everything you said you
would do has now been completed. It
is one more way to make certain that no
assumptions are in play on either side.
Of course, the letter of closure is also
a way to inform the client of your file
retention policy, can serve as a cover letter
for the return of original documents
to the client, assists in marketing by
giving you a chance to say thanks for the
business, and is one more opportunity to

ask for additional work with a statement as
simple as “please don’t hesitate to contact me
if there is anything else I might be able to
assist you with.”
All of this speaks to the need to play it safe
when it comes to documenting scope of
representation. Clients are far less able to
allege that their understanding of scope of
representation was far broader than what
yours was; and here’s the rub. Should scope
ever be an issue in a malpractice claim and
you find yourself in a word against word
dispute with the client as to just what your
scope was, you’ve got a serious problem.
We all know that attorneys don’t fare
well in word against word disputes in the
malpractice arena. For this reason alone,
the time spent documenting scope at the
beginning and at the end of representation
is well worth it. Try to get into a regular
and consistent practice of doing so because
claims attorneys will look for these types of
documents in every claim file that comes in.
They are that important.

A resource for your clients.
Assurance for you.
When you refer your clients to Bremer for
Wealth Management Services, know with
confidence they will be treated with the
same respect and integrity you provide.
At Bremer, our first and only goal is meeting your
clients’ objectives. From Trusts and Investment
Management to complex Farm Management
Services, Bremer provides a resource for your
clients and assurance for you.

Cal X\