An injury consultation can provide information without resolving whether a lawyer has agreed to represent the person. A phone call, form submission, document upload, fee discussion, signed agreement, or later email can have a different meaning depending on the actual communications and circumstances.

A consultation record should state whether representation began, what matter and parties are included, which tasks are included or excluded, who may act, how fees and expenses work, and what remains the prospective client’s responsibility.

Separate a prospective-client consultation from an engagement

North Carolina Rule of Professional Conduct 1.18 addresses a person who consults with a lawyer about possibly forming a client-lawyer relationship and explains that whether a communication is a consultation depends on the circumstances. It also addresses information learned from a prospective client even when no representation follows.

  • Date, participants, communication method, matter described, adverse parties named, and documents delivered
  • Purpose of the contact, information requested, conflict-check limits, and any warning about sending additional information
  • Statement that the firm will review, has declined, needs more information, or has agreed to act, retained in its original wording
  • Engagement letter, non-engagement letter, follow-up email, portal message, and delivery confirmation compared rather than inferred from silence

Define the matter and the work included

Rule 1.2 addresses the scope of representation and allocation of authority. It permits a reasonable limitation on scope under the circumstances and explains that a client decides whether to settle a civil matter. The actual agreement should identify the matter, parties, claims, forum, and excluded work instead of relying on a broad label such as “injury case.”

  • Injury event, date, location, claim or case number, responsible party, insurer, and represented client
  • Investigation, insurance claim, lien work, negotiation, lawsuit, appeal, property damage, workers’ compensation, or another task included or excluded
  • Who may request records, communicate with an insurer, sign an authorization, incur an expense, file a claim, or accept a deadline
  • Client decisions reserved to the client and legal or procedural work assigned to counsel described separately

Record communication responsibilities

Rule 1.4 addresses consultation about objectives and means, keeping a client reasonably informed, reasonable requests for information, and explanation sufficient for informed decisions. A practical communication plan can identify the primary contact, approved channels, update method, response expectations, and events that require prompt notice.

  • Changes in address, phone, employment, treatment, condition, coverage, representation, or court papers
  • New deadline, offer, denial, medical request, recorded-statement request, release, lien notice, or evidence problem
  • Person responsible for supplying each record and the method used to confirm receipt
  • Question that remains unanswered, who is expected to answer it, and when the status will be reviewed

Read fee and expense terms as separate provisions

Rule 1.5 addresses fees and expenses. For a contingent fee, the rule requires a signed writing that states how the fee is determined, how expenses are deducted, and whether the client may remain responsible for identified expenses. Record the actual percentages, stages, expense terms, lien or disbursement process, and closing statement rather than assuming that every advertised consultation or contingent matter has identical terms.

Create a scope-confirmation sheet

  • Representation status: prospective, under review, accepted, limited, declined, transferred, or ended, with the source document and date
  • Included matter and excluded matters, known deadlines, immediate preservation tasks, and any action the person must still take
  • Primary lawyer or contact, authorized team members, contact method, decision authority, and communication plan
  • Fee basis, percentages or rates, expenses, responsibility if no recovery occurs, property held, and closing obligations
  • Conflict, capacity, language, accessibility, or other condition that may affect communication or scope assigned for direct confirmation

The related guide to confidentiality and conflict checks before an injury consultation addresses what information may be requested before the firm can evaluate a potential engagement. This page owns the later question of whether representation began and what the engagement includes.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general information about North Carolina personal-injury matters and representation questions. The signed documents, complete communications, individual circumstances, and current rules control any particular relationship.

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