• The engagement letter server as the contract between attorney and client.Justice image by MVit from Fotolia.com
  
  The contract between an attorney and a client is the engagement letter. The engagement letter should be written, outlining the scope of representation, payment terms and should be signed by the attorney and the client. The purpose of the engagement letter is to let clients know what to expect of the attorney-client relationship so there will be no surprises as representation progresses. The client and attorney should discuss the terms of representation prior to agreeing to the terms in the engagement letter.
  
  

How Attorney Fees Are Calculated

• Attorney fees are generally calculated in one of two ways, and must be included in the engagement letter. If the fees are to be calculated with an hourly rate, then the engagement letter should state whether the bill must be prepaid with a retainer, how much the retainer will be, at which point the retainer amount will be replenished, when payment must be made and how often statements must be delivered to the client to show how the money is being spent. If the attorney is to be compensated by a contingency fee then the percentage of the judgment the attorney will be paid must be stated.
  
  

Additional Fees

• The attorney does not pay the additional fees incurred in the scope of representation, these costs must be paid by the client. Traditional fees include: filing fees, postage and the cost to create illustrative evidentiary materials. These fees must be discussed and factored into the engagement letter.
  
  

Scope of Representation

• Clients may hire attorneys for a limited capacity or to handle all their legal problems. This must be addressed in the engagement letter. Some criminal attorneys will only handle a client's case at the trial level and not the appellate level. An estates and trusts attorney may only write a client's simple will but not draft the client's health care power of attorney. Other attorneys, on the other hand, will handle a case and all issues that may arise from beginning to end. The engagement letter must state the type of representation the attorney and client have agreed upon.
  
  

Contact Information

• The contract between the attorney and client should also state the contact information so the client can get in touch with the attorney. One of the most important elements of the attorney-client privilege is communication and the client must know how and when she can contact her attorney. The engagement letter should include the mailing address, phone numbers and fax number of the attorney. Further, legal issues do arise outside the normal business hours of the day and the letter should state whether there are any restrictions on when the client can contact the attorney and the contact information for when an emergency does arise.