The initial client consultation is a risky time in the formation of an attorney-client relationship. There are ethical and financial risks, some of which are obvious, some of which are not. I'll be writing on these risks over the coming weeks to identify some of the less-obvious ones, and provide some suggested solutions. Today I want to focus on accepting documents during an initial client interview. It is best not to accept any original documents from the prospective client, until the client has retained your services. Accepting the documents-- which are personal property--puts you at risk if the prospective client later claims you agreed to the representation. Instead, immediately photocopy any original documents the client may have brought to the consultation and return those during the consult to the client. If the documents are too voluminous don't offer to copy and return them after the consultation--there are too many ways they could get lost or you get blamed for not returning them. Also consider modifying your client intake sheet to include a provision that the client gave you permission to photocopy any tendered original documents and an acknowledgment that they were, in fact, returned.
It's one thing to accept original documents from a bona fide client, but it's another to take a risk on a person who has not yet formalized their relationship with you.
