Sample Engagement Letter

VIA FIRST CLASS MAIL & EMAIL
John Doe
Anytown, USA 12345

Re: _______________________________________

Dear ____________________:

This letter sets forth the nature and scope of the services we have been engaged to perform for you, the related fee arrangements, and other terms and conditions designed to assure you that our professional services are performed to achieve our mutually agreed upon objectives.

You have retained (or Court has appointed) [insert individual or firm name] to represent [specifically identify precisely who you are representing] in connection with [be specific and narrow in identifying exactly what you are doing; and equally importantly, what you are not doing].

[Strongly consider adding a line such as the following and select items such as those contained within the following list]:

Our representation will include __________.

Our representation will not include __________.

Examples include:

1. paying bills [if possible, list the agreed upon bills];
2. preparing budgets [if possible, define scope of budget];
3. reconciling accounts [if possible, list accounts];
4. making bank deposits [ditto];
5. balancing check books [ditto];
6. preparing checks for signature [ditto];
7. organizing or reviewing incoming correspondence or other documents [if possible, detail the agreed-upon items];
8. organizing tax records or other similar [if possible, defined] financial documents;
9. tracking/monitoring payments to creditors, insurance companies or medical providers [list, for example, that you are not retained to advise on the adequacy, level, or type of insurance, if you have not been retained to do that];
10. coordinating assistance from paid service providers and/or unpaid help from family and friends to enable individuals with functional limitations to obtain the highest level of independence consistent with their capacity, preferences for care, and any financial constraints [you may want to list specific limitations to protect, for example, a disgruntled family member with unreasonable expectations “second guessing” your choices later on, especially if your ability to make “choices” was in fact very limited];
11. face-to-face interviewing of individuals with functional limitations;
12. assessment of functional limitations [you may not be qualified to do this];
13. care plan development for individuals with functional limitations;
14. administrative and clerical aspects of care plan implementation and monitoring of individuals with functional limitations [again, be as specific].

[Overall, be as specific as possible – especially if there are certain aspects of representation which are unique, if there is a frustrated family dynamic, and/or the person advised you that they wished to be estranged from certain family members/persons, etc, -- memorialize it all in the engagement letter.]

We will submit our invoices on a [insert time period] basis for each month during which services are rendered in accordance with the scope of our representation. Our fees will be charged on the basis of [insert specifics – e.g. our time spent working and billed in 1/6 hour intervals, etc]. Our rates are: [detail rates of all persons set to work on the matter]. The cost of our services as outlined above is based on [insert any methodology/rationale]. We estimate that the total amount incurred will be approximately [if known]. We will provide bills _____ and an accounting ____ [monthly; annually, etc; note that generally the shorter the time period the better; long periods of unbilled time/unaccounted for work creates greater opportunity for potential claimants to “second guess” your prior work when eventually billed and at that point, if you have a large accounts receivable, will have greater “leverage” against you, since you will have more at stake/more to lose].

If any of the provisions of the above agreement are somehow held invalid by statute, rule, regulation, decision, or tribunal or otherwise, the remainder of this agreement shall not be affected, and, to such extent, the provisions of this agreement shall be severable. This agreement constitutes the entire agreement between us and can be amended only by a written document/addendum signed by both parties.

We appreciate the opportunity to perform the above services for you. If you have any questions regarding the scope of our services or estimated fees, please contact us.

Sincerely,

____________________

Please indicate your acceptance of the arrangements described above by completing the below and returning the same to me (please keep a copy for your records) – thank you:

___________________________________
Signature

__________________________________
Name

___________
Date