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"