The client intake process is far more than an administrative task — it is the foundation of the attorney-client relationship and one of the most important opportunities to identify ethical issues before representation begins. A poor intake decision can expose lawyers and law firms to malpractice claims, disciplinary complaints, fee disputes, conflicts of interest, and reputational harm.
This interactive ethics program places participants in the role of the attorney through a series of realistic mock client intake scenarios involving high-risk prospective clients. Each scenario challenges attendees to determine not only whether they can accept representation, but whether they should. Participants will analyze common warning signs, identify ethical red flags and apply the ABA Model Rules to practical client intake decisions involving competence, confidentiality, conflicts of interest, meritorious claims, client communication, and professional judgment.
Learning Objectives:
* Identify the ethical duties implicated during the client intake process
* Recognize common warning signs and ethical red flags that may indicate increased risks of malpractice, disciplinary issues, or problematic attorney-client relationships
* Evaluate prospective client matters by applying sound professional judgment, conducting appropriate conflict checks and assessing whether representation should be accepted or declined
* Apply best practices for ethical client intake, including engagement letters, non-engagement letters, documentation, client communication and identity verification
* Analyze realistic client intake scenarios to identify ethical issues and develop practical strategies for managing risk while protecting client interests
* Implement effective intake procedures that promote professionalism, reduce liability exposure, and support compliance with ongoing ethical and professional responsibility obligations.
The course also explores best practices for conducting ethical client intake, including conflict checks, client identity verification, documenting communications, engagement letters, non-engagement letters, outside counsel guidelines and effective risk management procedures designed to protect both attorneys and clients. Throughout the program, attendees will evaluate situations involving unrealistic client expectations, prior attorney relationships, financial concerns, inadequate documentation, potential conflicts and other issues that frequently arise during initial consultations.
Designed as an engaging, discussion-based program, this course encourages attorneys to actively assess each scenario, compare approaches and develop practical strategies for making sound, ethical intake decisions. Attendees will leave with a structured framework for evaluating prospective clients, recognizing ethical pitfalls before representation begins, reducing malpractice exposure and implementing intake procedures that promote professionalism, protect client interests & strengthen compliance with ethical obligations. With over 15 years of legal experience in civil litigation, conflicts of interest, and professional responsibility, Cari Sheehan serves as the firm’s Assistant General Counsel.