Court & LawThe first client interview
A person sits down with you to talk about hiring you for a legal matter. You keep the first interview to what you need to decide whether to take the case, check for conflicts, protect everything the person tells you, explain the matter so they can decide, present the options to resolve it and give candid advice. It follows the duties to a prospective client and to a client in the Virginia Rules of Professional Conduct.
Free to startScenarios
- A prospective client comes in for a first consultation about a dispute.
- During the interview, the information shows a conflict of interest with a present client.
- After the consultation, the prospective client decides not to hire the firm.
The steps
- Treat the person as a prospective client: they are discussing the possibility of a client-lawyer relationship with you.
- Limit the first interview to the information that reasonably appears necessary to decide whether to take the matter.
- Learn enough to check whether there is a conflict of interest with a present client and whether you are willing to take the matter.
- If there is a conflict or another reason not to represent the person, tell them or decline the matter.
- If the person wants to hire you and consent is possible, get consent from every affected present or former client before accepting.
- Explain the matter enough for the client to make informed decisions about the representation.
- Tell the client about dispute resolution processes, such as mediation, that may fit their goals better than the one first chosen.
- Give your honest assessment, even when the advice is unwelcome, in as acceptable a form as honesty permits.
- Look beyond the law when it helps the client: cost, effects on other people, and moral, economic, social, political and emotional factors.
- Agree to keep the client reasonably informed and to answer reasonable requests for information promptly.
Safety rules that stop the station
- Never use or reveal what the prospective client told you, even if no representation follows and however brief the conversation was.
- Do not represent someone against the prospective client in the same or a substantially related matter if you received information that could significantly harm them, unless the rule's exceptions apply.
To pass
- The interview stays within what is needed to decide on the matter, and conflicts are checked before accepting it.
- The client leaves knowing enough to make informed decisions, including other ways to resolve the dispute.
- The advice is candid and independent, and what the prospective client said stays confidential.
Practice each scenario
Official source
Virginia Rules of Professional Conduct
The Virginia State Bar publishes its Rules of Professional Conduct free, with the official comments on each duty.
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