What should an engagement letter cover?
Last reviewed: 30 October 2026. This page is organisational information, not legal advice. Rules differ by jurisdiction and change; always read the current version published by your own regulator.
An engagement letter (also called a retainer agreement, client care letter or costs agreement, depending on where you practise) sets out the terms on which a lawyer acts. Sources from vendors, insurers and regulators broadly agree on a core of topics. Use the checklist below to audit your own template; it deliberately lists topics rather than wording.
Terminology varies by country and by firm. If you are unsure what each term means, see our page on retainers, engagement letters and fee agreements.
The common core: ten items to check
| # | Topic | Questions to ask of your template |
|---|---|---|
| 1 | Who is the client | Is the client identified exactly, and does it say who is not a client (family members, directors, related companies)? |
| 2 | Scope of work | Is the matter described, and does it say what is outside scope (appeals, enforcement, related matters)? |
| 3 | Who does the work | Who is the responsible lawyer, who supervises, and may others work on the file? |
| 4 | Fees and basis | Hourly, fixed, contingent or staged? Rates, increases, and what is included? |
| 5 | Costs and disbursements | What expenses are charged on, and what needs client approval first? |
| 6 | Billing and payment | How often, in what form, due when, interest or late terms if any? |
| 7 | Money held for the client | Is any deposit or advance held, where, and how is it applied? Trust rules are local. |
| 8 | Communication and authority | How will you communicate, what does the client need to provide, who may instruct? |
| 9 | Ending the engagement | How can either side end it, and what is billed on termination? |
| 10 | Closing and file retention | When does the engagement end, and how long are files kept? |
What differs by jurisdiction?
These are directional summaries from the sources listed below. Several publisher sites could not be opened by us, so descriptions come from search listings and secondary coverage. Read the primary text before relying on any point.
| Jurisdiction | Point that tends to differ | Where to read the primary source (check the current version) |
|---|---|---|
| US | Rules are set state by state. Many states require or expect fee terms in writing in certain cases, especially contingent fees. Insurers publish sample letters and checklists. | Your state bar and professional-liability insurer; Oregon PLF and ALPS publish examples |
| England and Wales | Beyond a client care letter, the SRA transparency rules deal with publishing price and service information and complaints routes. | SRA transparency in price and service; Law Society guidance |
| Canada | Provincial law societies and insurers publish retainer samples. Provinces differ on specifics. | Law Society of BC; PracticePRO (LAWPRO); CBA toolkit |
| Australia | Costs disclosure must usually come before or when you are retained, and may be separate from a costs agreement. Thresholds and forms differ by state. | See our Australia costs disclosure page; regulator and law society precedents |
A worked example: auditing an existing template
Take a one-page letter a solo firm has used for years. The audit takes about twenty minutes.
- 1
Print the ten-item table
Tick each topic the letter addresses and underline where.
- 2
Mark gaps
Say the letter covers items 1, 2, 4, 6 and 8 but is silent on money held, termination and file retention. That is three gaps.
- 3
Check jurisdiction extras
Open your regulator's current guidance and list any mandatory disclosure missing from the letter, such as complaints information or costs disclosure.
- 4
Escalate
Give the gap list to the lawyer responsible for risk, who drafts the changes using publisher precedents.
- 5
Version it
Record the new version date and who approved it, so every new matter uses one controlled template.
What do engagement letters often get wrong?
- Scope creep: the letter describes one matter but the work grows, with no written change.
- Unclear client identity in family or business matters, where several people expect you to act for them.
- Fee basis described loosely, so the invoice comes as a surprise.
- Deposits not clearly described, which is a frequent source of trust-account problems.
- No term for ending the engagement, leaving it unclear when your duties stop.
- Letter sent but never countersigned, or signed copy not filed on the matter.
Insurers such as ALPS and the Oregon PLF publish risk-management material on these points; use their pages as the starting point, since they see claims patterns we do not.
How do you track engagement letters across matters?
A letter is only useful if you can see its status. A simple set of fields on each matter does it: letter version, date sent, date signed, deposit requested, deposit received (recorded in your accounting system), and next review date. Add a saved view of 'matters without a signed letter older than 7 days' and review it weekly.
Our existing guide shows how to build this in Notion without any legal wording.
Where LawyerOS fits
We make LawyerOS, so weigh this accordingly. In the Pro with AI edition ($39) the Matters and Clients databases can hold status properties like the ones above; you add the fields yourself. It does not draft, host or validate engagement letters, does not hold client money, and gives no legal advice. The Starter edition ($19) covers matters and deadlines only.
Frequently asked questions
- What should be included in an engagement letter?
- Typically the client's identity, scope of work, who will act, the fee basis, costs and disbursements, billing and payment terms, money held for the client, communication, how the engagement ends, and file retention. Jurisdictions add mandatory disclosures, so check your regulator's current rules.
- Is a retainer agreement the same as an engagement letter?
- In everyday US usage they often overlap, but 'retainer' can also mean an advance deposit. Other countries use client care letter or costs agreement. The terms vary by place and firm, so define yours in the letter and see your regulator's wording.
- Does every client need a written engagement letter?
- Not always by rule, but writing is widely recommended and sometimes required for certain fee arrangements or by statute. Requirements vary by jurisdiction and matter type. Check your regulator's current rules and your insurer's guidance.
- What extra does an Australian firm need?
- Australian jurisdictions generally require costs disclosure, sometimes in a prescribed form, in addition to or combined with a costs agreement. Thresholds and forms differ by state, so use the regulator's current materials rather than a general checklist.
- Where can I find a sample engagement letter?
- Regulators, law societies, bars and insurers publish samples, for example the Law Society of British Columbia and the Oregon State Bar PLF. See our directory of publisher links. Always adapt the sample with a lawyer and check the current version.
- Can software tell me if my letter is compliant?
- No. A tracker can show whether a letter was sent and signed, but compliance depends on the content and your rules. A lawyer in your firm, informed by your regulator's guidance, must make that judgement.
Sources
- SRA: transparency in price and service (check the current version)
- The Law Society: price and service transparency (check the current version)
- CBA: Retainers and Fees Toolkit (check the current version)
- Law Society Journal (NSW): what should I put in a costs agreement (check the current version)
- Oregon State Bar PLF: engagement letters and fee agreements (check the current version)
- Clio: engagement letter guide (vendor; check the current version)
About the author
Raghav Handa trained as a lawyer, then spent years building legal technology, from enterprise legal products to custom systems for law firms.
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