Tip of the Month: October 2020
Pre-screening Clients Before Intake/Initial Consultation
Do you pre-screen before you request information for intake and initial consultation?
Pre-screening questions may include determining if the matter is something your firm handles, whether the potential client has previously hired a lawyer (or fired a lawyer) for this matter, whether they can afford your services, whether there is a statute of limitations pending, and assess their expectations. Pre-screening includes some intuition, so a phone call or video conference may be the best approach. On your website or social media pages you could use a chat bot. Be clear in all communication that you do not yet represent the person.
If the client seems like a good fit for your practice you can run a conflict check. If they do not seem a good fit for your practice or there is a conflict you will send a non-engagement letter. If they do not present a conflict and seem like a good potential client, you can move forward with scheduling an intake consultation. You may choose to send an intake questionnaire in advance of the consultation. You may be having the consultation via video conferencing or in person. Based on the new opinion from the ABA Formal Opinion 492, NC RPC 1.18 Duties to Prospective Clients, RPC 246 (1997) Duty of Confidentiality Owed to Prospective Client and NC 2006 Formal Ethics Opinion 14 Payment of Fee for Consultation, law firms should limit what information is gathered from a prospective client.
Once you have discussed the matter with the client you will send an engagement agreement that details fees, communications and how you will work together. Once signed they will move from potential client to client! If you choose to decline representation send a non-engagement letter.
Learn more about about ways to gather information from clients.