vstorm-co Taking a new matter
Two things have to happen before any substantive discussion, and both are regularly skipped under time pressure.
Before anything else
Conflict check — every party, every counterparty, every related entity and every individual named. Run it before advice is given, not before the engagement letter is sent.
Limitation — establish the date of the events and whether any period is running or close. A matter accepted after limitation has expired is a professional indemnity claim.
Then capture
Client and who instructs · the counterparties · what happened, chronologically · what the client wants to achieve · documents held and where · anything already filed, served or agreed · other advisers involved · funding and any insurer.
Set scope explicitly
What is in, what is out, and what happens next with a date. Scope creep starts at intake.
Never
Give preliminary advice before the conflict check clears, or record the client's account as established fact — it is their account, and label it as such.