Ask for the full legal name, not the name the caller uses
Every intake call begins with an introduction, but too many end without the most important detail: the full legal name. Clients often introduce themselves by nickname, initials, or a married name different from their legal name. If you type "Beth Jones" instead of "Elizabeth Anne Jones," your conflict search later may miss a vital match.
Always ask, "What is your full legal name as it appears on your driver's license, passport, or court papers?" This wording steers the caller away from casual answers and toward the names that appear in legal records and government databases. For business clients, ask for the complete registered entity name, including "LLC," "Inc.," or any DBA ("doing business as") names.
If the caller hesitates or seems unsure, prompt them to find their government-issued ID, a recent court filing, or corporate paperwork. A few extra seconds here saves hours of correction later. Record all names and possible prior names (maiden, former married names, or names from previous business entities). For family law, probate, or immigration matters, alternative names are especially common and must be captured.
Keep reading: What Rule 1.18 Requires After a Prospective Client Calls
Capture every adverse party, including those not yet sued
A thorough conflict check depends on having the names of everyone whose interests might oppose your prospective client. This is not limited to parties already listed in a complaint or demand letter. Ask the caller to list every person or business involved, including those they may not have formally accused yet.
Unfiled disputes and anticipated litigation
If your caller is in a contract dispute but has not filed suit, ask them who else might be named if the case escalates. In personal injury, get the names of all possible defendants, not just the one named on a police report. In business matters, ask about competitors, vendors, or contractors who may become parties later.
Even if the caller insists "it's just between me and my landlord," ask, "Is there anyone else you think may be involved, now or in the future?" The answer may reveal additional tenants, property managers, or companies with an interest in the dispute.
Multiple spellings and unknown names
Record every possible spelling of each name. If the caller is unsure, write down the phonetic version and note the uncertainty. For unnamed parties, capture as much detail as possible: "Unknown driver, red Toyota, license plate partial 123." These details help identify conflicts even when you do not have a full name up front.
List insurers, lenders, guarantors, and co defendants
Conflicts do not end with the parties on each side of the "v." Financial and insurance relationships matter just as much, especially in small firms where prior cases may have involved insurance companies, banks, or financial backers. Ask the caller directly, "Is there an insurance company involved?" and "Does anyone else owe money on this or guarantee payment?"
Insurance companies
For personal injury, property damage, or malpractice cases, identify the insurer for each party: the client, the adverse party, and any third parties. Record the full company name, "State Farm Mutual Automobile Insurance Company" is not the same as "State Farm Fire and Casualty Company." If the caller is unsure, get the agent's name and contact information.
Lenders and financial institutions
In real estate, business litigation, probate, or any case involving debts, ask for the name of every bank, credit union, or mortgage company on the paperwork. Also note any person or business that has co-signed a loan or guaranteed a debt.
For business cases, include factoring companies, equipment lessors, or merchant cash advance providers. Financial ties are often the missing link that identifies a hidden conflict.
Co-defendants and co-obligors
If your caller is one of several people on a lease, loan, or business contract, ask for the full names of all co-signers. In lawsuits, list every named defendant or respondent, not just the caller's own information. If a spouse, business partner, or board member signed on behalf of the client, record their names and roles.
Keep reading: Consentable vs Nonconsentable Conflicts Under Rule 1.7(b)
Note spouses, business partners, and parent companies
Connections among people and organizations create indirect conflicts that can trip up small firms. Many conflict checks fail because intake staff miss relatives, partners, or corporate parents with a legal interest in the matter. Do not wait for the client to volunteer these relationships; ask directly.
Spouses and family members
Family ties matter in divorce, custody, probate, and even some business matters. Ask, "Are you married, separated, or have any family members involved in this dispute?" For estate cases, list all heirs and beneficiaries. In personal injury, ask if a spouse or child has a claim.
Business partners and affiliates
For business clients, ask, "Who else owns or manages the company?" and "Are there any partner companies or affiliates?" Write down all officers, directors, and shareholders with a stake in the dispute. In closely held businesses, family members often double as partners or major investors.
Parent companies and subsidiaries
If the caller represents a company, ask if that business is owned by another company or if it owns any other businesses. Parent companies and subsidiaries can create conflicts through shared interests with other parties you have represented before.
Record the formal names and relationships. If the caller is unsure, follow up with, "Who signs the paychecks?" or "Whose name is on the main bank account?" These details help untangle complex business webs.
Log the date, the caller, and who took the call
A conflict check is only as good as its recordkeeping. Every intake needs a clear trail: when the call came in, who called, and who handled the intake. This is not just office bureaucracy, mistakes here can lead to missed deadlines or an incomplete conflict check.
Date and time
Record the exact date and time of the call, not just the day. If a conflict is discovered later, you will need to show when you first gathered the information. This also helps in tracking follow-up calls or deadlines for engagement letters.
Who called and who answered
Write down the full name and contact information of the caller, even if they are not the prospective client. Many intake calls come from family members, assistants, or claim adjusters. Note their relationship to the case and their authority to act.
Name the staff member or attorney who took the call, and whether anyone else was present. This creates accountability and a chain of custody for the intake record. In small firms, where everyone wears many hats, this step is often skipped but is crucial when questions arise about who knew what, and when.
See how ConflictCheck handles this for legal services
The two questions that surface prior counsel
Prior representation is a classic source of hidden conflicts. Clients do not always mention previous attorneys or law firms unless asked directly. This is especially true if the prior relationship ended badly or involved confidential matters.
Direct and indirect representation
First, ask, "Have you or your company been represented by any other attorney or law firm in this matter or any related matter?" This surfaces not just direct representation but also related cases, appeals, collections, or negotiations, that might trigger a conflict.
Second, ask, "Has the other side had an attorney or law firm representing them that you know of?" Even if the caller is unsure, partial names, law firm initials, or city locations can help identify prior counsel. Note any details about the relationship or ongoing communications.
If the caller remembers only a first name or firm nickname, write it down. Check your own firm records and shared contacts. Many small firms rely on personal networks, so even informal connections can matter.
Close the call by stating what you did and did not agree to do
Ending the intake call with clarity protects both the firm and the prospective client. Repeat back what you have recorded: the names, dates, and roles collected. Confirm that you will run a conflict check and explain the next steps, including when the caller can expect a response.
Importantly, state what you have not yet agreed to do. For example, "We have not agreed to represent you or file any paperwork at this time. This call is for information gathering only." This avoids confusion about representation and deadlines.
Document exactly what was said. If the caller presses for legal advice or urgent action, restate your firm's policy on engagement and conflict checks. A dated record, showing what was communicated, helps defend against misunderstandings and later disputes.
Finally, log any promises to follow up: requests for documents, referrals to other attorneys, or scheduled calls. Attach this record to the intake file, whether paper or digital.
Why structured intake and automatic conflict search matter
No checklist will catch every possible conflict unless it is followed consistently, with each intake. Missing a name or role can mean representing a client you should have turned away, and sometimes the error surfaces only after significant work is done. The intake process, done right, is a legal defense as much as an administrative routine.
Manual recordkeeping, especially in firms with only one or two attorneys, carries the risk of skipped steps or missing details. A structured intake form, which prompts for all the names, roles, and dates described above, reduces these risks. When that intake automatically searches for conflicts and creates a dated screening record, the firm gains a consistent defense against missed conflicts and client confusion.
Tools that provide a structured process, automatic conflict search, and a dated record, like those designed for solo and small law firms, address the most common gaps in manual intake. They let you focus your time where it counts: understanding the client's legal problem and building the trusted relationships that keep a practice running.
