Client Intake and Conflict Checks in a Law Firm

Gökçen Beyazoğlu LL.B.

Chief Product Officer · Attornaid

Client intake is the highest-return half hour in a law firm. Three things are settled there: whether the firm takes the matter, on what terms, and which points that could later become disputes are written down from the start. The information collected at first contact feeds the whole file, and the conflict check run at this stage is what stops the firm from discovering, months later, that it should never have acted. Whether the matter is accepted or declined, the decision and the check behind it go on record.

In many firms intake depends on who takes the call and how busy the day is. A matter opened on a hectic afternoon goes ahead with half the questions that would have been asked on a quiet morning. The difference shows up months later as missing documents, unclear fees, or a file the firm should never have taken. A standard intake routine removes that variation, and it costs little more than a form and a habit.

The information to collect at first contact

An intake form does not need to be long. It needs to cover seven fields, and each one exists for a reason that surfaces later in the life of the file.

Field	Why it matters	If it is missing
Identity and contact details	Authority to act and correspondence	The matter cannot start
Summary of the dispute and key dates	Starting point for tracking time limits	A limitation risk goes unnoticed
Details of the other side	Conflict check and choice of forum	A conflict is found late
Previous lawyer, if any	Stage reached in an inherited matter	Work already done is repeated
Documents the client holds	Planning the evidence	Gathering documents delays the case
The client's expectations	Whether they are realistic	The first interim ruling becomes a crisis
Fee and expense agreement	Basis for billing and collection	Fees become a negotiation later

Most often skipped: Expectations. When nobody asks what the client hopes for, a legally normal development becomes a disappointment. Asked at intake, an unrealistic expectation can be corrected before the work begins rather than after the first setback.

Intake also gathers personal data, including data about people who are not your clients. Data protection law (GDPR or its local equivalent) generally expects a firm to collect only what the purpose requires, to be clear about how the data will be used and to keep it no longer than needed. There is a tension worth deciding on deliberately: the names from declined enquiries are useful for future conflict checks, so the firm should set how long it keeps them, and who can see them, as a policy rather than leaving it to chance.

How to run a conflict check that catches conflicts

A conflict check is a search to find out whether the new client's opponent, or anyone closely tied to the matter, is a current or former client of the firm. It has to be run before the file is opened. A conflict noticed after opening may force the firm to withdraw, which is costly for the client, who must find new counsel partway through, and for the firm, which loses the work already done.

Whether a given relationship amounts to a conflict, and whether it can be resolved, is a question for your professional conduct rules. What follows is the firm practice that makes sure the question is asked every time and answered on the basis of complete information.

Check names before the detailed interview. Take the parties' names first and run a preliminary search, so the firm does not receive confidential details from someone it may not be able to act for.
Search related parties, not only names: shareholders and directors, parent and subsidiary companies, and family connections.
Include closed matters. Acting against a former client can also be a conflict, so a search limited to open files misses part of the risk.
Allow for name variants. Trading names, former names, abbreviations and alternative spellings should be searched alongside the registered name.
Run it again when the matter changes. A new party joining the proceedings, or a new company in the client's group, needs the same search.
Record the check. A check that cannot be shown to have happened counts as one that did not.
Systematise as the firm grows. In a three-lawyer firm memory may be enough; in a ten-person firm it is not, and the search has to run against a single shared list of parties.

Why keep a record: If a conflict question is raised later, being able to show that the check was done, and what it found, is decisive. Record the date, the person who ran it, the names searched and the result.

Declining a matter is also a decision

One function of intake is to separate out the matters the firm should not take. A conflict stops the matter until it is resolved under your professional conduct rules, and often that means declining. The other situations below call at least for a pause before saying yes.

Situation	Why it needs attention
A conflict exists	The matter cannot proceed until it is resolved; that is why the check comes first
Expectations are unrealistic	Dissatisfaction follows whatever the outcome
A critical deadline and no documents	The firm inherits a risk it has no means to manage
Two previous lawyers have withdrawn	Do not accept until you understand why
No agreement on fees	The collection problem is visible from day one

A declined matter needs a record too. Note the date and the reason in a sentence, and confirm to the prospective client in writing that the firm is not acting for them, without commenting on the merits. That short note removes any doubt later about whether the firm was ever instructed.

From acceptance to an open file

Once the decision to accept is made, standardising the next steps means every file opens equally complete, whoever handles it and however busy the week is.

Conflict check run and recorded.
Written engagement letter signed, including the fee terms.
Written authority to act obtained, such as a power of attorney where one is required.
File number assigned and folder structure created.
Known deadlines entered in the calendar, and court e-filing access set up where the matter needs it.
Person responsible for the file named.
Client told how often they will hear from the firm and how quickly messages are answered.

Measuring the intake process

Three indicators show whether intake is doing its job. A simple list of new matters with three extra columns is enough to track them, reviewed once a quarter.

Indicator	What it tells you
Share of enquiries declined	If it is zero, intake is not working as a filter
Share of files opened with missing documents	Whether the intake form is working
Share of matters with payment problems in the first three months	How clear the fee agreement was

Checklist

Use one intake form for every new enquiry, whoever takes the call.
Ask the client what outcome they expect, and write the answer down.
Run a preliminary conflict check on names before the detailed interview.
Include related parties, name variants and closed matters in every search.
Record the date, the person, the names searched and the result of each check.
Agree fees in writing before the file is opened.
Record every declined matter with its reason, and confirm the decision in writing.
Review the three intake indicators every quarter.

Frequently asked questions

What information should be collected at client intake?

Identity and contact details, a summary of the dispute with its key dates, details of the other side, whether another lawyer has acted before, a list of the documents the client holds, the client's expectations, and agreement on fees and expenses. Expectations are the item most often skipped. When nobody asks what the client hopes for, a legally normal development turns into a disappointment.

What is a conflict check and when should it be run?

A conflict check is a search to find out whether the new client's opponent, or anyone closely connected to the matter, is a current or former client of the firm. It should be run before the file is opened, and a preliminary check on names should come before the detailed interview. A conflict discovered after opening may force the firm to withdraw, which is costly for both the client and the firm.

What should a conflict check cover?

Not only names but related parties: shareholders and directors, group companies and family connections. Closed matters belong in the search as well, because acting against a former client can also be a conflict under many professional conduct rules. Record each check with the date, the person who ran it, the names searched and the result.

When should a law firm decline a matter?

When the conflict check finds a conflict that cannot be resolved under your professional conduct rules. Several other situations call at least for a pause: unrealistic expectations, a critical deadline with no documents, two previous lawyers who have already withdrawn, and no agreement on fees. One purpose of intake is to separate out the matters the firm should not take.

What steps should be standard after the decision to accept?

Record the conflict check, sign a written engagement letter with the fee terms, obtain written authority to act, assign a file number and folder structure, and enter known deadlines in the calendar. Then name the person responsible for the file and tell the client how often they will hear from the firm and how quickly messages are answered.

How can a firm measure its intake process?

Three indicators are enough. The share of enquiries declined shows whether intake works as a filter; if it is zero, it does not. The share of files opened with missing documents shows whether the intake form works, and the share of matters with payment problems in the first three months shows how clear the fee agreement was.