A Letter of Representation (LOR) is a formal document that an attorney sends to an insurance company, opposing party, or any other relevant party to notify them that they represent a client in a legal matter. It is an essential tool in legal proceedings, especially in personal injury cases, where it establishes clear communication channels and protects the client’s interests.
In this article, you will learn what a Letter of Representation is, when it is used, its key components, how it can impact your case, and answers to common questions about LORs.
What Is a Letter of Representation?
A Letter of Representation (LOR) is a written notice that an attorney sends to inform the opposing party, an insurance company, or another interested party that they are now representing a client in a specific legal matter. It is often used in personal injury cases, contract disputes, criminal defense, and other legal scenarios.
Purpose of a Letter of Representation
- Establishes Communication: It ensures that all future correspondence related to the case is directed to the attorney, not the client.
- Protects Client Interests: Prevents the opposing party or insurance company from contacting the client directly.
- Clarifies Representation: Confirms that the attorney is acting on behalf of the client in the matter specified.
When Is a Letter of Representation Used?
- Personal Injury Cases: When a person hires a lawyer to pursue a claim after an accident.
- Contract Disputes: When one party hires an attorney to negotiate or resolve a breach of contract.
- Criminal Defense: When an attorney represents a defendant facing criminal charges.
- Business Disputes: To resolve issues between companies or individuals with the help of legal representation.
Key Components of a Letter of Representation
A Letter of Representation is a formal document that must include specific information to be effective.
1. Attorney’s Information
- Name, address, and contact information of the attorney or law firm representing the client.
- State bar number (in some jurisdictions).
2. Client Information
- Full name and contact details of the client being represented.
3. Opposing Party Information
- Name and address of the opposing party, their legal representative, or the insurance company.
4. Case Information
- Description of the legal matter (personal injury claim, contract dispute, criminal defense, etc.).
- Any relevant claim number, case number, or policy number.
5. Representation Details
- A clear statement that the attorney is now representing the client in this matter.
- A request that all future communication be directed to the attorney, not the client.
6. Additional Instructions
- A request for the opposing party to provide any documents or information related to the case directly to the attorney.
- A reminder that the client should not be contacted directly by the opposing party.
7. Attorney’s Signature
- The letter should be signed by the attorney or their authorized representative.
Sample Letter of Representation
[Attorney’s Law Firm Letterhead]
[Date]
[Recipient’s Name]
[Recipient’s Address]
Re: Letter of Representation – [Client’s Name]
Dear [Recipient’s Name],
Please be advised that our firm, [Law Firm Name], represents [Client’s Name] in connection with [describe the legal matter, such as a personal injury claim arising from an automobile accident on [date]].
We request that you direct all further communications regarding this matter to our office. Our client should not be contacted directly by your office, your representatives, or any other party regarding this claim.
Please provide us with any relevant documents, correspondence, or information regarding this case. If you have any questions or require additional information, please do not hesitate to contact us.
Thank you for your cooperation.
Sincerely,
[Attorney’s Name]
[Law Firm Name]
[Contact Information]
How Does a Letter of Representation Affect Your Case?
1. Directs Communication Through Your Attorney
Once an LOR is sent, the opposing party or insurance company is prohibited from contacting you directly. This protects you from being pressured, misled, or coerced into making statements that could harm your case.
2. Establishes Legal Representation
The LOR formally notifies the opposing party that you have legal representation. This can make them take your claim more seriously and may lead to more favorable settlement negotiations.
3. Streamlines the Legal Process
By directing all communications through your attorney, the LOR simplifies the exchange of information, ensuring that nothing is overlooked or misinterpreted.
When Should You Send a Letter of Representation?
You should send an LOR as soon as you hire an attorney to represent you in a legal matter. Early notification is crucial in personal injury cases, where insurance companies may try to contact you directly for statements or settlements.
Can You Write an LOR Yourself?
While it is possible to write an LOR without an attorney, it is not recommended. Attorneys have the experience to draft a properly worded letter that effectively protects your interests and complies with legal standards.
What If the Opposing Party Ignores the LOR?
If the opposing party or their insurance company continues to contact you directly after receiving an LOR:
- Inform your attorney immediately.
- Your attorney can send a follow-up letter or take legal action if necessary.
- Continued direct contact may be considered harassment and could be a violation of legal ethics.
Can You Change Attorneys After Sending an LOR?
Yes, you have the right to change attorneys at any time. If you do, the new attorney will send an updated LOR to notify the opposing party that they now represent you. The previous attorney will no longer be authorized to communicate on your behalf.
Frequently Asked Questions
Here are some FAQs about Letter of Representation:
Is an LOR Legally Required?
No, an LOR is not legally required, but it is highly recommended because it protects your rights and streamlines communication.
Can the Opposing Party Refuse to Accept an LOR?
No, they cannot refuse it. Once they receive it, they are obligated to direct all communications through your attorney.
Does an LOR Expire?
No, an LOR remains in effect until the case is resolved, or you terminate your attorney’s representation.
Can an LOR Be Used in Criminal Cases?
Yes, LORs can be used in criminal cases to inform law enforcement, prosecutors, or other parties that an attorney is representing the defendant.
Do I Need an LOR for a Small Claims Case?
An LOR is not typically required in small claims court because attorneys are often not allowed. However, it may still be used for pre-court negotiations.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
