This statement in Canadian Lawyer Inhouse, Vol. 1, April 2006, surprised me. I have written before on engagement letters (aka retention letters) (See my posts of Aug. 24, 2006 that compare inside retention letters to outside counsel guidelines; Sept. 25, 2006 on the integration of retention letters and other guidelines and tools; May 19, 2006 on AXA Konzern’s concerns; Nov. 5, 2006 with a sample letter; and Dec. 18, 2006 with some egregious terms.). I had not realized these letters may sometimes be required by law.
My friend Bob Haig, a senior partner at Kelley Drye, explained to me in an e-mail that “Our Appellate Division rule requiring engagement letters in most circumstances is quoted and discussed in Section 9:4 of the 2OO6 Supplement to Successful Partnering Between Inside and Outside Counsel (West Publishing). Chapter 9 is the book’s chapter on engagement letters.”