1.4 Case Management

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2022 Ed.)

1.4 CASE MANAGEMENT

1.401 Interviewing Prospective Clients.

Interviewing prospective clients is a two-way street: the client and the attorney should evaluate each other. Because the client is considering hiring the attorney, first impressions are important, and the attorney should treat the initial interview as a job interview. Accordingly, the attorney should (i) be on time; (ii) personally greet the client; (iii) avoid interruption and limit distractions; (iv) be direct and avoid using legal jargon; (v) not overwhelm the client with information; (vi) be realistic; (vii) explain the billing system, paying particular attention to ensuring that the client understands the difference between fees and out-of-pocket costs; and (viii) follow up with letter of engagement, nonengagement, or disengagement.

While the client is evaluating the attorney, the attorney should be evaluating the client. Not every client is a desirable one, and a client's ability to pay fees should be considered. If the client has a track record with other attorneys, the attorney should be skeptical and consider checking with the other attorneys before undertaking the representation.

Preferably before the initial interview or immediately thereafter, a conflicts check should be performed and documentation of the conflicts check placed into the client's file. At the initial interview, the attorney should obtain basic information about the nature of the matter but should not solicit too much detail or advise about the merits of the case, because information learned during the initial interview must stay confidential ²⁷ and could be the basis of a subsequent conflict even if the client does not retain the attorney.

1.402 Conflicts Checks.

Every attorney should establish a system for checking conflicts and ensuring compliance with Virginia Rules of Professional Conduct 1.7 through 1.12. Larger firms typically invest in computer software for running conflicts checks. An example of this type of software is Accutrac. ²⁸ Other vendors include Thomson Reuters Elite (Conflicts Management), ²⁹ Legal Software Systems, Inc. (Conflict of Interest), ³⁰ and CA Inc (Conflicts). ³¹ For a sole practitioner, a basic list established in a word processing program could be searched.

Information other than the parties' names should be listed and checked, including any entities or individuals affiliated with the parties. For example, a conflicts check for a corporation should list the corporation's subsidiaries...