Use this template/format as an Engagement Letter for Representation of Both Spouses Concurrently but Separately.
Engagement Letter for Representation of Both Spouses Concurrently but Separately Form
Engagement Letter for Representation of Both Spouses Concurrently but Separately Form
Text version of this Form
__________________ , 20___
_____________________________
_____________________________
_____________________________Subject: _______________________
Dear ________________:
You have each asked me to ______________________________________ _________________________ . I have agreed to do this work and will bill for it on the following basis: ________________________. If I am asked to perform tasks not described in this letter, an additional engagement letter may be required for that work.
It is common for a husband and wife to employ the same lawyer to assist them in planning their estates. You have taken this approach by asking me to represent both of you to [scope of representation]. However, each of you wants to maintain your right to confidentiality and the ability to meet separately with me. I have agreed to do this work on this basis and will bill for it on the following basis: _____________________________________ __________________________________. If I am asked to perform tasks not described in this letter, an additional engagement letter may be required.
I will represent each of you separately and will not discuss with either one of you what your spouse has disclosed to me. Each of you releases me from the obligation to reveal to you any information I may have received from the other that is material and adverse to your interest. Furthermore, I will not use any information I obtain from one of you in preparing the other’s plan, even if the result is that the two plans are incompatible or one plan is detrimental to the interests of the other spouse. In short, the representation will be structured so that each of you will have the same relationship with me as if each of you had gone to a separate lawyer for assistance in your planning.
While I have agreed to undertake this representation on a separate and confidential basis, you should be aware that there might be disputes between you now or in the future as to your respective property rights and interests, or as to other issues that may arise between you. Should this occur, I would not be able to represent either of you in resolving any such dispute, and each of you would have to obtain your own representation. After considering the foregoing, if each of you consents to my representation of each of you separately, I request that each of you sign and return the enclosed copy of this letter. If you have any questions about anything discussed in this letter, please let me know. In addition, you should feel free to consult with another lawyer about the effect of signing this letter.
Sincerely,
__________________________
CONSENT
We have read the foregoing letter and understand its contents. We consent to having you represent each of us on the terms and conditions set forth.
___________________, 20___ _______________________________
___________________, 20___ _______________________________