Initial Client Interview (Litigation Checklist)

This initial client interview checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.
-
Checklist:
- Describe situation that causes potential client to seek legal advice
- Describe internal/external factual investigations to date
- Has potential client sought counseling/representation from other attorneys?
- Company details (legal name, d/b/a, f/k/a, address, corporate form, state of incorporation, affiliates/subsidiaries/parents)
- Insurance information (if applicable)
- Key personnel name and contact information (general counsel, relevant outside counsel, appropriate business decision-maker/person with settlement or budgetary authority, risk manager, involved employees, etc.)
- Other involved parties (potential defendants, plaintiffs, third-parties, witnesses, etc.)
- What papers/pleadings/letter have you received/been served with regarding this matter?
- Discuss scope/nature of potential damages at stake
- Describe any press releases, communications, or other outside statements you have made related to this matter
- Describe concerns, how this matter fits in to your larger business situation/strategy, and what your goals/objectives are for this matter
- Describe desired timeline for matter
- Explain general process of litigation and considerations in this matter (tailored to client's level of legal sophistication)
- Discuss options related to billing method/budget for representation
- Discuss the issue of statutes of limitation (may be appropriate to state the general statute of limitation for certain claims, but to explain that you have not researched the facts or law for this particular case and therefore cannot give an opinion as to the instant statute of limitations prior to being retained)
- Conclude with a clear statement of the timing and nature of next steps:  e.g., this is only an initial interview, there is no attorney-client relationship until parties have signed an engagement letter; discuss whether it is appropriate to send a draft engagement letter (or to send a non-engagement letter) at this time.
-
Thoughts & Best Practices:
- When discussing goals/objectives, discuss the complete spectrum from "this is the ideal outcome," to "this would be acceptable," to "this must be avoided at any expense."
- Consider whether it is appropriate to send either an engagement letter or non-engagement letter following the initial interview to avoid any confusion over status of representation.
-
Jeff Vail is a business litigation attorney in Denver, Colorado.  Visit www.vail-law.com for more information.
-
This initial client interview checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.