Declining representation: what to say on a call
For education only. Not legal advice. Tellbrief is not a law firm.
Some first calls end in a no. How the lawyer says it decides what the caller hears, what they do next, and how much the firm learned that it now has to keep.
In short
Stop as soon as you know the answer, say no without a view on the matter, don’t give the reason if it’s a conflict, tell them not to wait, give back anything they sent, and confirm it in writing the same day. The guide quotes Rule 1.18 and its comments, then gives three call scripts and a follow-up email to copy.
On this page
The no is part of intake
A call that ends in a no still leaves the firm with duties. ABA Model Rule 1.18(b), as Minnesota adopted it, says:
“Even when no client-lawyer relationship ensues, a lawyer who has consulted with a prospective client shall not use or reveal information obtained in the consultation, except as Rule 1.9 would permit with respect to information of a former client.”1Rule 1.18(b)
The comment describes a first consultation as one that leaves “both the prospective client and the lawyer free (and sometimes required) to proceed no further.”1 Saying no is allowed. The care goes into how.
Stop as soon as you know
Comment [4] tells the lawyer to “limit the initial consultation to only such information as reasonably appears necessary” to decide whether to take the matter, and goes on:
“Where the information indicates that a conflict of interest or other reason for nonrepresentation exists, the lawyer should so inform the prospective client or decline the representation.”1Rule 1.18, comment [4]
If a name matches a current client in your conflict check, or the matter is outside what you do, end the call there. Every extra minute of the story is information you then hold. When the names arrive before the call, a conflict can turn up before anyone hears the story at all.
Say no without a view on the matter
A caller who hears “this one isn’t for us” may hear “you don’t have a case.” Say plainly that the no isn’t an opinion on their matter. The comment to Rule 1.18 also points to the duty that comes with advice: “For the duty of competence of a lawyer who gives assistance on the merits of a matter to a prospective client, see Rule 1.1.”1 A quick opinion on the way out is still an opinion.
Leave the reason out if it’s a conflict
“We have a conflict” can tell the caller who your firm represents. “We’re not able to take this on” is enough. Use the same words whatever the reason, so the words can’t give the reason away. If the clients could consent to the conflict instead, see the conflict waiver letter template.
Tell them not to wait
Without commenting on their matter, tell them that legal matters can have deadlines and that they should talk to another lawyer soon. Offer a name if you have one, or your state or local bar’s lawyer referral service.
Give back what they sent
If they emailed or handed you documents, return them and say so. The comment points to Rule 1.15 “for a lawyer's duties when a prospective client entrusts valuables or papers to the lawyer's care.”1
Confirm it in writing the same day
A call is easy to misremember. A short written no, sent the same day, records that you declined, that you gave no view on the matter, and that they should act soon. The non-engagement letter template builds the full letter, and the email below is the short version. Keep the names for your next conflict check, and follow your firm’s policy for anything else you heard. The Rule 1.18 checklist covers the rest of intake.
Decline before the story
Tellbrief shows you only the names when a client books, before any of their answers. If a name matches, you press Decline and their brief is deleted unread, so the no comes before you’ve heard anything about the matter. Start a free pilot; your first three briefs are free.
Call scripts you can copy
One for each reason you might decline. Fill in the brackets and keep it short.
When the names don’t clear: “Thanks for getting in touch, [name]. Before we go into the details, I need to stop here: we’re not able to take this matter on. That isn’t a view on your situation, so please don’t read anything into it. Legal matters can have deadlines, so I’d talk to another lawyer soon. [I can suggest [name] at [firm].] [Or: The [state] bar’s lawyer referral service can suggest someone: [link or number].] I’ll send you a short email today confirming this.”
When it’s outside what you do: “Thanks for explaining, [name]. This isn’t work our firm does, so we’re not the right lawyers for it. That isn’t a view on your matter. [A lawyer who handles [type of matter]] would be the place to start, and I’d reach out soon, since legal matters can have deadlines. [I can suggest [name].] I’ll confirm this by email today.”
When you’ve heard more and it isn’t a fit: “Thank you for walking me through this, [name]. We’ve decided not to take this matter on. That isn’t an opinion on the merits, and I’d get another lawyer’s view soon, because legal matters can have deadlines. What you’ve told us stays confidential. [I’ll return the documents you sent.] I’ll send you an email today confirming this.”
A follow-up email you can copy
Subject: Your inquiry to [firm]
Hi [name],
Thank you for speaking with me today. As I said on the call, [firm] is not able to represent you in this matter, and we have not agreed to act for you.
This isn’t an opinion on your matter. Legal matters can have deadlines, so please talk to another lawyer soon. [You could start with [name / the [state] bar’s lawyer referral service: [link]].]
[We’ve returned the documents you sent.] [Or your firm’s usual closing wording.]
[Lawyer], [firm]
Sources
Each quote was checked against its source on November 1, 2026. Laws and guidance can change after that date.
Questions
Should we tell a caller why we’re declining?
If the reason is a conflict, saying so can reveal who your firm represents. “We’re not able to take this on” works for every reason.
What do we owe someone we decline?
Rule 1.18(b), quoted above, says a lawyer who consulted with a prospective client shall not use or reveal what they learned, except as Rule 1.9 would permit for a former client. Check your state’s version.
Can we tell them whether they have a case?
The comment to Rule 1.18 points to the duty of competence when a lawyer gives assistance on the merits to a prospective client. A clean no without a view on the matter avoids giving advice on the way out.
Should the no be in writing?
A same-day email records that you declined, gave no view on the matter and told them not to wait. The non-engagement letter template builds a full letter.
What should we keep afterward?
The names, for future conflict checks. Return any documents they sent, and follow your firm’s policy for anything else.
Try it on your next three first calls
Your first three briefs are free. Setup is one short call: you paste one line into your booking confirmation, and you see each client’s names before anything else.
For education only. This article is general information, not legal advice, and reading it doesn’t make you anyone’s client. Tellbrief is not a law firm. For advice about your situation, talk to a licensed lawyer.