Trial Magazine

Case intake is the important first step to jumpstarting a successful attorney-client relationship. Establishing an intake framework will enable you to efficiently vet cases and help protect you against malpractice claims.

Get the information you need. Truly listen to the stories of potential clients, but also make sure to ask your questions in a timely manner. The information you need to vet a case depends on the circumstances, but a good rule of thumb is to focus on filling four buckets: facts, liability, damages, and collectability. Ask threshold questions up front to ensure the case is viable. For example, employment discrimination claims have prefiling requirements that must be exhausted within a short window of time.

Ask for documents. If possible, ask to receive relevant documents before your initial meeting or call. When vetting an bad-faith insurance matter, for example, it is crucial to review the relevant policy and any denial letters issued by the carrier. These offer insight into the carrier’s position so you can assess whether the denial was improper. In personal injury cases, there may be a police report revealing facts unfavorable to the potential client. It is always better to ask for documents rather than rely on someone’s word.

Implement a follow-up system. Our firm always follows up within 24–48 hours after the initial call or email. If we don’t get a response after three follow-up attempts, we send a letter explaining that we cannot represent the individual. Likewise, anytime we decide not to take a case, we send a letter saying so to the potential client.

These letters are critical. To protect against potential malpractice claims, the letters should avoid any ambiguity about your decision to reject the case and be sent as soon as possible after reaching your decision. Be sure to note that they should seek other counsel as soon as possible and that they should be aware that applicable statutes of limitations may bar any legal remedies if they delay.

Brian S. Kabateck is the founding partner of Kabateck Brown Kellner in Los Angeles. He can be reached at bsk@kbklawyers.com.