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Intake for civil litigation

Client intake for civil litigation.

A civil litigation intake records which side the person is on, what happened, what has been served and when, and the amount in dispute as the person states it. It captures every party, their principals and their lawyers, so the conflict check runs before the firm reads a word. The intake never says whether the claim is strong, what it is worth, or whether the time to respond has run.

Why intake in civil litigation is different

Litigation matters come with the richest conflict check on the site. A dispute between two companies involves both companies, their owners, their parent companies, their lawyers, sometimes an insurer, and the witnesses each side will name. Any one of those may already be a client. The intake also has to handle the served document carefully: a statement of claim or a complaint carries a response period, and the person usually knows the date they were served. The intake records that date and the document, flags the matter to the lawyer, and says nothing to the person about how much time they have.

The questions that matter

  • Which side the person is on: bringing a claim, responding to one, or not yet sure.
  • The other party: a person or a company, and the people behind the company.
  • What happened, in order, with dates.
  • The amount in dispute, as the person states it, and what it is made of: invoices, damages, a debt.
  • Which documents the person holds: the contract, the invoices, the correspondence, the claim or complaint if served.
  • Whether anything has been served, what it was, and the date the person received it.
  • Any court or tribunal file number the person has.
  • Whether there has been a demand letter, from either side, and any response date printed on it.
  • Whether there have been settlement discussions, and what was offered.
  • Witnesses the person can name, and any insurer that might be involved.

What the conflict check must capture

  • The opposing party, and if it is a company, its principals and parent company.
  • Opposing counsel, where a letter or a claim has come from a lawyer.
  • Co-plaintiffs or co-defendants, and anyone the person expects to add.
  • Any insurer on either side.
  • Witnesses the person names, including employees and former employees.
  • Any lawyer the person consulted earlier in the dispute.

What urgency means here

A served claim or complaint, a hearing or motion date, a demand letter with a response date, or an opposing party moving assets. The intake records the document and the date the person received it, and flags the matter to the lawyer as time-sensitive. It never tells the person whether the response period has passed, whether a limitation period applies, or what will happen if they do nothing.

What the intake will not do here

  • It never says whether the claim is strong or weak, or whether the person will win.
  • It never says what the claim is worth, or what it will cost to pursue or defend.
  • It never says whether a response period or a limitation period has passed.
  • It never advises the person to settle, to fight, or to respond to a letter.
  • It never contacts the other side, opposing counsel or a witness.

The machine takes the statement. The lawyer takes the case.

Questions lawyers ask about civil litigation intake

The person has been served. What does the intake do with the date?

It records the document and the date the person received it, and flags the matter to the lawyer as time-sensitive. It does not tell the person how long they have or what happens if they do nothing.

Why does the intake ask for the people behind a company?

Because the conflict check runs on people as well as companies, and because a dispute with a numbered company often turns out to be a dispute with a person the firm knows.

The dispute is small. Is an intake overkill?

The intake is the same length either way. A small dispute still needs the names, the documents and the dates, and the lawyer still needs to know in two minutes whether it is worth an hour.