Preparing for a preliminary legal discussion

What should the first summary say?

Explain what happened, who is involved, what you want to achieve and the next date that matters. Distinguish your own knowledge from information supplied by someone else. If you are enquiring for a company, relative or group, explain your role and authority.

A useful opening might be: “Our company supplied goods, part of the invoice is disputed, and we received a solicitor’s letter yesterday.” That gives the adviser more to work with than a long account without a clear question.

Which information should be ready?

• A short chronology with key dates.
• The names and roles of the principal parties.
• A list of relevant agreements, notices and other records.
• Any court date, response date or proposed signing.
• The result you want and any proposal already made.

Do not delay flagging an urgent notice while trying to produce a perfect file. Start with a brief enquiry and ask how the firm wants supporting material supplied.

What should the discussion clarify?

Ask whether the firm can consider the matter, what further information is needed and whether an initial document review or another defined task is appropriate. Detailed advice may require records, research and a separate engagement.

Clarify the fee basis before commissioning work. Ask which expenses are separate and whether another professional or overseas adviser will be required. The fees and instructions page is the starting point for that conversation.

What should you leave with?

Record the next action, who is responsible, what documents are needed and whether any deadline has actually been accepted. If the firm has not agreed to act, do not assume that a preliminary conversation amounts to representation or that the other party will be contacted.

Keep your own copy of the material and avoid sending original documents until the handling arrangements are agreed. For a wider guide to engagement, see choosing and instructing a lawyer.

Related guidance

• Fees and instructions
• Agreeing a legal engagement
• Preparing a dispute for review