Intake questions that qualify a new matter

Conflicts before facts

Even if you never take the matter, what a prospective client tells you can't be used or revealed — and "significantly harmful" details can disqualify you from the other side. New York's comment to Rule 1.18 says to limit the first consultation to what you need to decide.^1,9

Write it down, every time

New York Rule 1.10(e) requires a written record of engagements and a system that checks every new client, new matter, new hire and newly added party against it. NYSBA's comment lists the minimum: each client, each adverse party, and the general nature of the matter.^1,2

No promises at intake

Web forms and intake calls can create a prospective-client relationship. Clear, plain warnings — no lawyer-client relationship yet, no legal advice, don't send details until asked — keep expectations straight.^3,4

Step 1 · ask these first

Conflict-check fields.

Say it up front: "Before you tell me what happened, I need a few names so we can check for conflicts. Please hold the details until we've cleared that."

Who's involved

Caller's full name, plus any other names used (maiden, former, business names)
Who the client would be — the caller, a family member, a company (and who has authority to speak for it)
Every other party: opposing parties, their spouses or companies, insurers, and their lawyer if known
Related people and entities: co-defendants, business partners, buyers or sellers, beneficiaries, employers
Type of matter in one line — no details yet — and the county or court, if a case exists
Contact details, best time to reach them, and whether it's safe to leave a voicemail or email at that address
How they heard about the firm (referral source)
Run the conflict check → cleared / possible conflict → only then go on to Step 2 NY RPC 1.10(e), 1.18

Sources

New York State Bar Association, New York Rules of Professional Conduct with comments, as amended through July 1, 2026 — Rule 1.18 (duties to prospective clients) and comments; Rule 1.10 comments [9B]–[9C]. nysba.org
22 NYCRR §1200.1.10 (Rule 1.10, imputation of conflicts; (e) engagement records and conflict checks). law.cornell.edu
ABA Formal Opinion 492, "Obligations to Prospective Clients: Confidentiality, Conflicts and 'Significantly Harmful' Information" (June 9, 2020), as summarized by the ABA (Feb 11, 2021). americanbar.org
ABA Formal Opinion 10-457, "Lawyer Websites" (Aug 5, 2010). copy of the opinion
22 NYCRR §1215.1 (written letter of engagement) and §1215.2 (exceptions). §1215.1 · §1215.2
22 NYCRR §1400.2 (statement of client's rights and responsibilities) and §1400.3 (written retainer agreement). §1400.2 · §1400.3
22 NYCRR §691.20 (Second Department contingency-fee retainer and closing statements); NY Courts, OCA Support Units (statements are filed electronically). law.cornell.edu · nycourts.gov
N.Y. General Municipal Law §50-e (notice of claim). nysenate.gov
ABA Model Rule 1.18, Comment [4]. americanbar.org

Sources opened and checked October 10, 2026. Rules change — follow the links for the current text.

Want this handled for you?

Pyxeon builds and runs the software around it.

We're a small Long Island team that builds intake around how your firm already works: an online form that asks the conflict questions first, a short summary for the attorney, and the engagement letter ready to sign. We host it and keep improving it — every change you ask for starts with a plan you approve.

Talk to Timmy

A two-minute form about your office. A person — usually Timmy — replies within one business day. No pitch deck.

Intake questions that
qualify a new matter.

Conflicts before facts

Write it down, every time

No promises at intake

Conflict-check fields.

Who's involved

Qualifying questions by practice area.

Personal injury

Family & matrimonial

Estate planning & estates

Real estate

Criminal defense

Employment

Close the call cleanly, then follow up.

Before you hang up

What to send after the call

Sources

Pyxeon builds and runs the software around it.