The phrase “case review” can describe a brief intake conversation, a document review, a conflict check, a legal evaluation, a claim audit, or advice within an existing representation. Those activities are not interchangeable. A written scope record prevents a limited review from being mistaken for a complete investigation or an agreement to handle the matter.

A case-review scope record should state the matter and questions reviewed, the information available, the information not reviewed, assumptions and date limits, conclusions communicated, open tasks, and representation status.

Define the review before recording the answer

  • Person requesting review, affected person, event date and location, involved parties, claim or report number, and exact matter identity
  • Purpose of the review, questions submitted, requested decision, time period covered, reviewer, reviewer’s role, and completion date
  • Documents, interviews, images, recordings, data, legal sources, medical records, bills, insurance material, and other information actually reviewed
  • Information requested but unavailable, issue outside the review, person or organization not contacted, and fact assumed only for discussion
  • Written product, verbal communication, follow-up request, next review date, task owner, and representation or non-engagement status

Separate review scope from representation scope

North Carolina Rule of Professional Conduct 1.2 addresses the objectives and means of representation, the client’s settlement decision, and reasonable limitations on representation. A preliminary review should not be used to infer that a lawyer accepted every claim, party, deadline, filing, insurance issue, medical question, or evidence task. Representation and its limits should be confirmed in writing.

  • Consultation only, review pending, more information requested, representation offered, limited representation offered, referred, or declined
  • Claim, party, court, agency, policy, benefit, property issue, injury issue, appeal, deadline, or task expressly included or excluded
  • Client decision, lawyer recommendation, task delegated to staff or vendor, task retained by the client, and task no one has accepted
  • Effective date, written agreement, amendment, notice to another party, end date, file-transfer term, and unresolved responsibility

Record what was explained and what remains provisional

North Carolina Rule of Professional Conduct 1.4 addresses consultation, status information, requests for information, and explanations reasonably necessary for informed decisions. A scope record should preserve the facts and documents on which an explanation depended, the uncertainty stated, the options discussed, the decision owner, and the next required communication.

  • Conclusion or option described, source relied upon, material assumption, exception, alternative interpretation, and fact that could change the review
  • Legal question needing additional research, medical question requiring a treating or qualified professional, technical question, and financial calculation still open
  • Deadline not yet calculated, evidence not yet preserved, insurer position not yet obtained, party identity not confirmed, and record request still pending
  • Date-sensitive statement, source version, later change in law or facts, correction request, revised review, and notice to people relying on the earlier version

Keep the review materials reproducible

North Carolina Rule of Evidence 901 addresses identification or authentication. The scope record should point to the exact document, page, file, recording, message, image, version, or public source reviewed. A reviewer should be able to reproduce the information set without relying on a rewritten account.

Close the review with a responsibility table

  • Open question or task, required source, responsible person, target date, dependency, and completion evidence
  • Date requiring immediate independent verification and the person assigned to obtain legal advice about it
  • Records returned, retained, transferred, requested, or not received, including original-versus-copy status
  • Next communication, engagement decision, non-engagement notice, referral, or later review, with delivery and receipt recorded

The related guide to what a preliminary injury consultation can and cannot determine explains why an initial conversation has limits. This page owns the written scope record showing precisely what one review covered and what remained outside it.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about Charlotte personal injury representation. A case review may identify questions and options, but the written record should preserve its limits and should not be treated as a promise about liability, coverage, damages, or outcome.

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