Bugs discovers to his horror that the statute of limitations has expired. Bugs then sues Attorney Fudd claiming that Fudd should have filed the products liability complaint on Bugs' behalf. The claims described above could have been avoided if the attorneys in question had documented the parameters of the attorney-client relation ship in writing. In general, attorneys who bill on an hourly basis send engagement letters, while attorneys who work on a contingency fee basis use written fee agreements. The reason for this distinction can be found in the Illinois Rules of Professional Conduct.
Engagement letters satisfy that requirement.
Define the scope of the representation. The engagement letter should concisely describe the legal work to be performed by the attorney. Furthermore, if there are key aspects of the matter for which you are not responsible, the engagement letter should contain a clear statement to that effect. Attorney Fudd has not been retained to represent the client for any other claim and Attorney Fudd will not pursue or investigate any other potential claim unless and until the client and Attorney Fudd enter into a separate agreement. Identify the client.