You do not have to take on every client who approaches you for representation. While it may be difficult to turn away business, it is worth getting into the practice of screening potential clients to make sure the relationship will be a good fit, both for you and the client. Obtaining as much information about the prospective client prior to meeting with them is a good practice and this can be accomplished by using an initial intake form for client identification and screening.  Ideally, the potential client should fill out this form before your initial consultation.

                                                        

The screening process is also very useful to:

 

Remember that it is perfectly acceptable to advise potential clients that you require a few days to think about their matter prior to meeting with them. It is also reasonable to take time to consider whether you will accept the client's matter after your first meeting.  If you have met with the client and advised them that you will take a few days to decide whether you will take on the file, set a deadline in your calendar and advise the individual of your decision within a few days.

 

If you decide not to represent the individual, it is important for you to make clear that you are not protecting his interests.  You should promptly send a clear non-engagement letter according to the time estimate you gave the client. If you decline the representation, alert the individual to any applicable limitation periods.  Do not give an opinion as to the merit of the case. In certain circumstances, for example where a limitation period is only days away, you may have an obligation to commence an action on behalf of the client even when not retained. Do so, but write to the client immediately thereafter to confirm that you are not acting for them and that you are closing your file. Misunderstandings about whether or not a lawyer is representing an individual are a common source of claims for negligence.

 

If you decide to accept the matter, confirm this in writing. Be absolutely clear in your letter that you have accepted the representation and set out the terms of the retainer (a money retainer and an executed retainer agreement). Retainers and non-engagement letters are covered in greater detail in the Retainers module. These agreements are essential to set out the terms of your representation and compensation, the client’s obligations and expectations, and the circumstances that govern the termination of the relationship.

 

Make note of any limitation periods and take steps to preserve them. Similarly, make note of any documents received and set up the appropriate bring forward dates in your calendars and reminder systems.

 

Also see the Difficult Clients module for discussion of how to deal with clients who present challenges.