Enhancing Your Intake Process: Key Takeaways from the ABA’s Formal Opinion

On June 7th 2023, the ABA issued an opinion titled “Responsibilities Regarding Non-Lawyer Assistance.” This opinion specifically addresses the roles that non-attorney staff can play in the intake process, including tasks such as collecting documentation and running conflict checks.

The ABA permits non-attorney staff to assist in the intake process under two main conditions:

1. No Unauthorized Practice of Law: Non-attorney staff must not engage in activities that would be considered the unauthorized practice of law in their jurisdiction.
2. Attorney Consultation Opportunity: Prospective clients must always be offered the opportunity to discuss the fee agreement and the scope of representation with an attorney.

A critical aspect of the ABA’s opinion is the requirement that prospective clients must always have the chance to speak with an attorney about the fee agreement and the scope of representation. This highlights the necessity for law firms to incorporate this step into their intake process as a best practice.

Given the ABA’s emphasis on offering attorney consultations, it’s advisable for law firms to review and update their engagement letters. Including a section that documents the offer for clients to discuss the fee agreement and scope of representation with an attorney can serve as a protective measure and ensure compliance with ABA standards.

The ABA opinion also provides clear examples of tasks that non-attorney staff can and cannot perform. This guidance is invaluable for law firms looking to optimize their intake process while remaining compliant with legal standards.

If your law firm is using non-attorney staff for intake or considering doing so, it’s crucial to implement these best practices to ensure compliance and optimize your operations. At streamlined.legal, we can help you navigate these changes and enhance your intake process.

Schedule a discovery call with us today to learn more about how streamlined.legal can assist you in implementing these strategies and optimizing your law firm’s management. Let us help you streamline your processes and ensure your firm is operating at its highest potential.