Decide what counts as a name before you start typing
Before any attorney or staff member begins entering data from old files, take time to define what qualifies as a "name" for your conflicts index. This decision will save hours of rework and make the search process more reliable in the long run.
Your goal is to capture every party or entity that might later pose a conflict, whether as client, adversary, or another role. This includes individuals, businesses, government agencies, and sometimes even trusts or informal groups. If you are unsure whether a contact qualifies, err on the side of inclusion. It is easier to ignore a false positive in a search than to miss a key relationship.
Settle questions like: Are you entering full legal names or common names? Will you record nicknames, initials, maiden names, or alternative spellings? Decide whether to include parenthetical descriptors, such as "John A. Smith (plaintiff)", or separate role fields.
Be consistent. If you start entering "Robert J. Jones" as "Bob Jones" in some matters and "Robert Jones" in others, your future searches may miss important connections. Write down your conventions, and make sure anyone helping with the project follows them.
Keep reading: The Intake Call Checklist That Captures Every Conflict Name
The six name types every closed matter already contains
Every closed file in your office should reveal at least six categories of names that matter for conflicts. Capture each one as you build your database.
- Clients: The party or parties your firm represented. For individuals, use the full legal name. For organizations, use the registered entity name from the engagement letter or court filings.
- Adverse parties: The main opposing individual or entity, as listed in the complaint or agreement.
- Related parties: Co-defendants, co-plaintiffs, joint venturers, or other parties aligned with your client or the adverse party. This can include family members, partners, or corporate affiliates.
- Counsel: Opposing counsel and, if relevant, co-counsel or prior counsel. This is especially important if you anticipate lateral moves in the local bar.
- Key witnesses: Individuals whose involvement was significant or who had access to confidential information.
- Third-party payers or insurers: Any party who paid fees or settlements, or who has a stake in the matter's resolution.
For each category, keep the context clear. "John Smith" as a client is a different record than "John Smith" as an adverse party in another matter.
Entities, DBAs, subsidiaries, and prior corporate names
Business clients often appear under several names over the years. A corporation may operate under a trade name, restructure, or change ownership. If your index only records the current entity name, you risk missing conflicts when an old matter involved the same company under a different name.
When you enter a business, include all known aliases. Record the official registered name as of the time of your representation, and list any Doing Business As (DBA) names from contracts, correspondence, or public filings.
Capturing subsidiaries and merged entities
Corporate structures evolve. A parent company may sell a subsidiary, or two companies may merge. In these cases, relate the entities in your records. For example, if you represented "Acme Widgets, Inc." and it merged with "Beta Gadgets, LLC," note this relationship either by cross-referencing files or by linking the names in your database notes.
Prior names and successor liability
If a company changed its name during or after your representation, record both the old and new names. Some attorneys use an additional field for "prior known as" or "now known as." This allows you to surface conflicts even when the current matter refers only to the company's latest name.
For partnerships and informal entities, collect all signers or principals' names. If your matter involved a trust, record both the trust name and the trustees or grantors.
Keep reading: What Rule 1.18 Requires After a Prospective Client Calls
Record the role each name played, not just the name
A useful conflicts index does more than collect names. It specifies what part each person or entity played in each matter. This distinction matters when you check for conflicts of interest: representing an adverse party in a prior case is very different from having them as a witness.
For every name you enter, assign a clear role, client, adverse party, related party, counsel, witness, third-party payer, or other. If a person or entity played more than one role in a single matter, record each separately.
Some firms add a brief description or a "notes" field. For example, "Mary Lee, witness for plaintiff, 2018 car accident case." These details can help you quickly assess whether a name hit in your search is a true conflict or just a coincidental mention.
If your database tool allows, use dropdown menus or coded fields for roles. This reduces typos and improves the reliability of your searches.
Pick a date convention and a matter status vocabulary
Every record in your conflicts index should include a date and a status. Without a consistent convention, your index will quickly become confusing, especially as your memory fades or your staff changes.
Date fields: start, end, or both
Decide whether to record the date your representation began, the date it ended, or both. Some firms use the file opening date; others use the date the engagement letter was signed or the date of the first substantive action. For closed files, pick the earliest reliably documented date, often the engagement letter or filing date.
For the end date, use the date the file was closed or the representation formally ended. This can be the date of final billing, withdrawal, or case dismissal.
Status fields: closed, active, declined, withdrawn
Choose a small, clear set of status labels: "active," "closed," "declined," "withdrawn," or "referred." Apply these labels consistently. This helps you later when searching for former clients, checking whether you declined a matter, or showing that a potential conflict was never a full engagement.
Include the status in your index, not just in the physical file or case management system. This makes it possible to see at a glance whether a conflict is current, historical, or never progressed beyond intake.
See how ConflictCheck handles this for legal services
Test the index against three matters you already declined
Once you have digitized a portion of your old files, test your index by searching for names from three matters you explicitly declined. This is a practical check on whether your data entry protocols are working and whether your search tool is returning the right results.
Pretend a new caller matches one of those declined matters. Run their name and any related entities through your index. You should find a clear record showing the prior inquiry, with the status "declined" or "not engaged."
If your search does not surface those records, review your name entry conventions and status labels. Common sources of error include inconsistent spelling, missing DBAs, or mixing up fields. Update your process before you migrate more files.
Repeat this test with a sample of closed and ongoing matters, including at least one with a complex corporate structure. This ensures your system catches both individual and entity conflicts. If possible, have a colleague or staff member repeat the process to spot errors you might miss.
Keep it current at intake instead of at year end
Building a conflicts database from ten years of closed files is a one-time project, but keeping it current is an ongoing task. The biggest risk is falling behind, especially if you wait until tax season or year end to update your index.
The best time to add names is at client intake. Every new matter brings a fresh set of parties, entities, and counsel. Capture this information before you run a conflicts check, and add it to your index immediately. This keeps your database useful and reduces the odds of missing a conflict.
If you rely on memory or handwritten notes until year end, names will slip through the cracks. The result is an index that is only as good as your last update, which undermines the protection you built by indexing your closed files.
Many shops use a structured intake form with fields for client, adverse parties, related entities, and key dates. Tying this form directly to your conflicts search and screening record ensures every new matter is checked and recorded in real time. Tools that automate this process help solo attorneys and small firms keep their conflicts index complete, accurate, and ready for the next call.
