Client Intake: Potential Pitfalls to Avoid at the Outset of Retention

In many publications devoted to the discussion of best practices to avoid professional malpractice claims, much attention has been (rightly) paid to attorney conduct during the representation—i.e., ensuring adequate communication with clients, securing the confidentiality of client information and meeting deadlines. However, client retention and intake are just as important, if not more important, to minimizing the potential for a later malpractice claim. Indeed, performing the legwork at the commencement of the representation may avoid unfortunate subsequent discoveries that could require an attorney to withdraw or perform other curative measures, and will help ensure that both the client and the firm are on the same page with respect to the scope of the representation.

Vetting the Client and the Matter