Conducting an initial client intake

Here are some thoughts on the first client interview in a personal injury case.  This approach applies to PI attorneys who do not have "mill" type practices.

  • The interview is a two way street
  • Consider having a staff member attend to get a second "read" on the situation
  • Go to the client if they can’t go to you
  • Be aware of all the details of what you are seeing, hearing, feeling
  • Ask yourself if you “like” the plaintiff then write down your very first impression even if it is not favorable
  • Be conscientious of the human issues and need for privacy
  • Review a detailed questionairre with the prospective client
  • If the quesionairre is not completed, get very particular information at least on these issues
    • what happened exactly
    • insurance
    • pre-existing injuries and conditions
    • pre-existing strengths and weaknesses
    • social media use
    • skeletons in closet
  • Determine who is controlling the decision making process
  • If the incident involves more than one potential plaintiff, figure out possible conflicts of interest before you enter into a retainer with any of them.
  • Don't spend so much time taking notes that you don't have time to observe.
  • Tell the client that they will probably have to go over the facts again with you once you are retained
  • Provide credentials in addition to website
  • Encourage the asking of questions and provide answers
  • Do not put money value on the case even if asked – at most give ranges but don’t provide actual numbers
  • Ask for any documentation that has been collected
  • Find out if the client wants to be very involved in the legal part of the case or not
  • Sense if anything is being withheld or if communication seems strained
  • Consider what is unspoken or not easily volunteered
  • Provide reassurance and comfort
  • Exhibit confidence and competence without chest beating
  • Explain generally how the process works
  • Introduce other members of the team
  • Demonstrate a commitment to personal attention
  • Review the retainer agreement and procure the client’s signature
  • Or use an agreement to investigate form instead
  • Procure signed medical, employment and other record releases
  • In certain cases, run a background check
  • If the client had previous counsel, get a signed note to allow that attorney to fully communicate with you and follow through
  • Do not take a case that is too close to the statute of limitations without first talking to another attorney for a second opinion.  If you do take such a case, beware.
  • Turn down any case that "smells wrong"
Karen Koehlerpersonal injury, client