Client intake interviews

1. Colin E. Kaufman
Adam Leitman Bailey, PC
CLIENT INTAKE INTERVIEWS
Goals
1. Learn about the case
2. Evaluate the case
3. Learn about the client
4. Evaluate the client
5. Give standard warnings and disclaimers
6. Make a take/no take decision
a) If we are taking the case, get
i) signed retainer agreement
ii) check
iii) note: (for you and the client) we do not work without both
iv) Start file setup process
b) If we are not taking the case
i) Thank them for interest
ii) make sure they understand we are not taking their case
iii) send a “No Representation” letter
I Intro
1. Introduce yourself and your colleague
a) always give the prospective client two business cards
2. Get full contact information, DOB, SSAN
a) name
b) home and work addresses and telephone numbers
c) email that the client checks regularly (note that you may want to
get a non-work email for privacy reasons)
II Finding out about the case
1. Three steps
a) ask the client for narrative
b) go back and ask questions - times, dates, who was present (who, what
when, where, why, how)
c) restate what you understand the case to be about and invite
comment/correction
2. Always get full names, identifications of opposing parties, witnesses, etc.
3. course of conduct of the parties
4. SUPER IMPORTANT - are we the first, second, third, fourth lawyers?
5. what has been done
a) investigation
b) availability of records
c) negotiation
6. what does the client have - documents, photos, letters, emails
7. What is the insurance situation (if applicable)

2. 8. What is (and how close is) the applicable statute of limitations and/or statutory
notice period? - don’t take a case where you are right up against it
9. Evaluation
a) Is this within our area of expertise?
b) Can we serve this client properly?
c) Is the game worth the candle?
d) are there valid non-frivolous claims or defenses?
III Client Evaluation
1. There are clients who are not worth representing
a) conspiracy theorists (you always turn out to be part of the conspiracy)
b) litigation hobbyists
c) nut jobs (I’ve brought six shopping bags full of evidence)
d) those who cannot afford litigation (unless we take it on pro bono)
2. We have enough work to do for rational clients with actual legal needs who
can pay us
3. BUT you don’t have to like the client or her goals to represent her
4. What are the client’s goals (be explicit)
5. Are the client’s goals achievable? If not, what is achievable?
V Are we taking the case?
If yes - see below
Give the client
a) your analysis of the case facts and law
b) in broad terms what we intend to do
If no - MAKE IT CLEAR - the formerly prospective client (but now non-
client) should be in no doubt - give him back all the stuff he came with
SEND A LETTER explaining that we have declined the case
IV Warnings and disclaimers
1. We expect to be paid - if we are not, we will move to withdraw
2. Litigation is ungodly expensive - every client should understand that going in
3. We NEVER cap our hourly fees
4. Only in an extremely unusual case will we take a case on contingency
5. the retainer is NOT our estimate of how much the case will cost to a
conclusion. We bill against the retainer. If we bill less, we send the client the
balance; if we bill more, we expect timely payment.
6. We do not guarantee results. We can only promise to make our best efforts on
behalf of our clients.
7. We do not start work without a signed retainer and a check.

3. VI If we take the case, start the ball rolling immediately:
1. assignment of case to responsible partner and associate
2. timetracker entry and case number
3. case file
4. associate starts case update
5. Put the retainer in pdf on the M: drive (with a descriptive name, not doc0001)
6. decide what additional documents you need and start gathering them
7. have a plan of how you intend to get from where you are now to where you
intend to be