Pretend you are a litigation associate in a large firm with offices all over the world. The senior partner has a close personal friend who was in an accident about two years ago. She would like someone at the firm to meet with her friend to see if he has a case. The senior partner you to interview the friend. When you meet with the potential client, he tells you that almost two years ago he was in an auto accident with a FedEx delivery truck. He hurt his back and suffered some bruises, which have now healed. No police report of the accident was filed. You believe there is a 2-year statute of limitations on personal injury claims in your jurisdiction.
The potential client asks the firm to handle the case. You tell him you have to talk with the senior partner and that you’ll get back to him. The partner says now that she knows the facts, the case doesn’t look that promising to her. It will be the driver’s word against Jones’ word, back injuries don’t generate strong damage awards, and FedEx has a reputation as a tough negotiator. She tells you to draft a letter declining the representation.
Draft a declination letter (a letter stating you are declining the representation) to the potential client. Thank about the following: What information would you want to include in the letter to the potential client? Is there anything you would want to avoid saying to the potential client?