Litigation and Recovery
Litigation Matter Intake Checklist
A litigation intake checklist for parties, conflicts, court details, claims, service, deadlines, evidence, holds, budget, risk, approvals, and handoff.
Direct answer
A litigation matter intake checklist creates a controlled record before substantive work begins: requester, parties and conflicts, court or tribunal, case identifiers, claims and issues, service, source-backed deadlines, counsel, documents and evidence, holds, privilege, budget, strategy owner, risk, approvals, and handoff. Use explicit unknown and pending values, preserve source documents, and route legal duties and dates to qualified counsel for confirmation under the matter-specific facts and jurisdiction.
Definitions
Litigation matter intake
The controlled process of receiving, screening, opening, scoping, approving, and assigning a dispute, investigation, claim, proceeding, or potential litigation matter.
Requester
The person or organization asking the legal team to open or assess a matter, including their role, contact route, authority, urgency, and relationship to the affected parties.
Party record
A structured record for a claimant, respondent, plaintiff, defendant, petitioner, agency, witness, affiliate, insurer, counterparty, or other relevant person or organization and its relationship to the matter.
Conflict check
A documented review for current-client, former-client, personal, financial, organizational, adverse-party, subject-matter, confidentiality, and other conflicts before representation, advice, access, or assignment.
Court or tribunal
The identified court, agency, arbitral body, administrative forum, internal tribunal, or other decision-maker, including jurisdiction, division, location, docket format, and applicable local procedures.
Case identifier
An official or organization-issued reference such as docket number, claim number, arbitration number, investigation ID, matter ID, CNR, citation, or related proceeding identifier.
Service event
A recorded act or attempted act of serving, receiving, waiving, acknowledging, publishing, or otherwise notifying a party about a legal document, with source and proof details.
Deadline source
The order, rule, notice, contract, filing, correspondence, portal record, or qualified legal determination from which a deadline, hearing, limitation, response, or review date is derived.
Litigation hold
An authorized instruction or preservation state that suspends ordinary disposition for defined information because litigation, an investigation, an audit, or another preservation need may require it.
Strategy owner
The accountable legal or business role responsible for the approved matter objectives, decision questions, posture, assumptions, escalation, and communication of strategy within the authorized scope.
Intake approval
The recorded decision by the authorized legal, business, risk, insurance, or engagement owner to open, decline, refer, defer, or conditionally accept the matter.
Handoff
The accepted transfer of a sufficiently complete intake record, access, responsibilities, risks, deadlines, source evidence, and next actions to the matter owner or response team.
Field definitions
Requester, matter identity, and parties
- intakeRequestId
- Stable identifier for the intake request and its review history.
- Type: Defined in the implementation data dictionary
- Requiredness: Required
- Validation: Use a non-reused ID and link the resulting matter ID, related requests, and referral record.
- Owner: Assigned record owner
- requester
- Person or organization requesting intake, role, authority, contact route, and safe-contact preference.
- Type: Defined in the implementation data dictionary
- Requiredness: Required
- Validation: Record the requester narrative and authority separately from the legal assessment. Use unknown or pending review rather than guessing.
- Owner: Assigned record owner
- requestedOutcome
- Requested legal or operational result, urgency, and consequence of delay.
- Type: Defined in the implementation data dictionary
- Requiredness: Required
- Validation: Use a controlled outcome value plus free-text context. Mark legal characterization and relief as counsel-confirmed or pending.
- Owner: Assigned record owner
- partyRegister
- Parties, affiliates, aliases, roles, identifiers, relationships, and source evidence.
- Type: Defined in the implementation data dictionary
- Requiredness: Required when parties are known
- Validation: Keep legal entities distinct from trade names, groups, individuals, insurers, witnesses, and related parties.
- Owner: Assigned record owner
- conflictCheck
- Search scope, sources, possible matches, reviewer, result, waivers, screens, recusals, and escalation.
- Type: Defined in the implementation data dictionary
- Requiredness: Required before assignment or advice
- Validation: Preserve the search date and sources. Qualified counsel determines whether a conflict exists and how it may be addressed.
- Owner: Assigned record owner
Forum, identifiers, issues, service, and deadlines
- courtOrTribunal
- Forum, jurisdiction, division, venue, judge or panel, proceeding type, local rules, and filing route.
- Type: Defined in the implementation data dictionary
- Requiredness: Required when a forum is known
- Validation: Store the source and verification status. Keep asserted forum, confirmed forum, and forum under review distinct.
- Owner: Assigned record owner
- caseIdentifiers
- Official docket, claim, arbitration, investigation, CNR, citation, client, insurer, and internal identifiers.
- Type: Defined in the implementation data dictionary
- Requiredness: Required when available
- Validation: Preserve exact source formatting, issuing authority, retrieval time, identifier type, and verification owner.
- Owner: Assigned record owner
- claimsAndIssues
- Neutral factual summary, claims, defenses, relief, damages, procedural questions, and disputed issues.
- Type: Defined in the implementation data dictionary
- Requiredness: Required
- Validation: Separate allegation, evidence, inference, legal theory, and finding. Qualified counsel confirms legal characterization.
- Owner: Assigned record owner
- serviceAndNotice
- Document, sender, recipient, method, attempt or receipt time, proof, source, status, and legal-effect review.
- Type: Defined in the implementation data dictionary
- Requiredness: Required when service or notice is relevant
- Validation: Do not calculate a legal date from an unverified event. Store the document and proof or explain why it is missing.
- Owner: Assigned record owner
- deadlineRegister
- Event, date or range, trigger, source, calculation note, time zone, owner, certainty, and review status.
- Type: Defined in the implementation data dictionary
- Requiredness: Required
- Validation: Distinguish source-confirmed legal dates from reported dates and internal readiness targets. Counsel confirms duties and dates.
- Owner: Assigned record owner
Counsel, evidence, preservation, and confidentiality
- counselAndRoles
- Internal, external, local, insurer-appointed, specialist, investigator, expert, and backup assignments.
- Type: Defined in the implementation data dictionary
- Requiredness: Required before handoff
- Validation: Record role, authority, jurisdiction, engagement status, contact route, budget responsibility, and access boundary.
- Owner: Assigned record owner
- documentAndEvidenceInventory
- Sources, custodians, systems, date ranges, formats, identifiers, provenance, sensitivity, and collection status.
- Type: Defined in the implementation data dictionary
- Requiredness: Required when material evidence is known
- Validation: Record missing sources, duplicates, assumptions, and collection limits. Preserve originals or controlled copies where appropriate.
- Owner: Assigned record owner
- holdAndPreservation
- Preservation question, hold or freeze state, scope, custodians, systems, notice, release authority, and monitoring.
- Type: Defined in the implementation data dictionary
- Requiredness: Required when a preservation need may exist
- Validation: Keep routine retention, preservation review, active hold, released hold, and disposition eligibility separate.
- Owner: Assigned record owner
- privilegeAndConfidentiality
- Handling class, access group, legal advice boundary, work product, personal or restricted data, waiver and disclosure questions.
- Type: Defined in the implementation data dictionary
- Requiredness: Required for sensitive material
- Validation: Labels do not create privilege. Qualified counsel decides privilege, waiver, disclosure, and protective treatment.
- Owner: Assigned record owner
Budget, strategy, risk, approvals, and handoff
- budgetAndFunding
- Budget owner, currency, approved amount, phase assumptions, rates, insurer or retainer, forecast, reserve, and approval.
- Type: Defined in the implementation data dictionary
- Requiredness: Required when cost exposure exists
- Validation: Separate estimates, commitments, invoices, reserve assumptions, recovery assumptions, and approved spend authority.
- Owner: Assigned record owner
- strategyAndDecisionRights
- Matter objective, strategy owner, supervising counsel, business sponsor, decision questions, authority, and review cadence.
- Type: Defined in the implementation data dictionary
- Requiredness: Required before substantive handoff
- Validation: Record who may approve settlement, filing, disclosure, spend, communication, and escalation within the authorized scope.
- Owner: Assigned record owner
- riskAssessment
- Qualitative risk dimensions, band, confidence, rationale, immediate controls, owner, and review date.
- Type: Defined in the implementation data dictionary
- Requiredness: Required
- Validation: Use organization-designed anchors. Do not turn ordinal labels into unsupported arithmetic or legal conclusions.
- Owner: Assigned record owner
- intakeApproval
- Disposition, approver, authority, date, conditions, exceptions, and next review.
- Type: Defined in the implementation data dictionary
- Requiredness: Required before opening or referring
- Validation: Use approve, decline, refer, defer, conditional approval, or more information. Preserve the decision record.
- Owner: Assigned record owner
- handoffAcceptance
- Receiving owner, accepted scope, access, open actions, backup, communication plan, acknowledgment, and timestamp.
- Type: Defined in the implementation data dictionary
- Requiredness: Required before closing intake
- Validation: Handoff is not complete until the receiving owner accepts responsibility or the escalation owner records the exception.
- Owner: Assigned record owner
Controlled vocabulary guidance
- Intake disposition
- Examples: New, information requested, conflict review, pending authority, approved to open, conditionally approved, referred, declined, deferred, or closed without opening.
- Governance: Define transition criteria, required approvals, and evidence for each state. Do not use approved to open as a finding that the legal claim is valid.
- Party role
- Examples: Requester, client, prospective client, plaintiff, defendant, claimant, respondent, petitioner, agency, witness, expert, insurer, affiliate, vendor, counterparty, or related matter.
- Governance: Allow multiple roles and preserve the source and effective date. Do not infer representation or legal liability from a role label.
- Date confidence
- Examples: Reported, source located, source-confirmed, counsel-confirmed, organization target, disputed, unknown, or pending review.
- Governance: Keep confidence separate from urgency. A highly urgent date can still be unconfirmed and must be escalated for review.
- Preservation state
- Examples: Not assessed, assessment pending, routine retention, preservation recommended, hold requested, hold active, hold released, disposition eligible, or exception.
- Governance: Record scope, authority, custodians, systems, notice, review date, release authority, and conflicts with routine retention.
- Privilege and handling class
- Examples: Public, internal, confidential, restricted, personal information, attorney-client, work product, sealed, third-party restricted, or counsel review required.
- Governance: Use access controls and source-specific handling. A classification is an operational instruction and does not independently establish privilege.
- Risk band
- Examples: Critical, High, Medium, Low, or Informational.
- Governance: Publish local anchors for exposure, urgency, uncertainty, evidence risk, financial impact, and control need. Do not add or multiply ordinal labels.
- Approval decision
- Examples: Approve, conditionally approve, decline, refer, defer, request more information, recuse, or escalate.
- Governance: Record authority, scope, date, conditions, exceptions, and next review. An informal message is not approval unless policy authorizes it.
Practical workflow
Register the requester and intake channel
Create an intake record with a stable request ID, received timestamp, requester name and role, organization, safe contact route, relationship to the matter, authority to request work, preferred language or accessibility need, referral source, urgency statement, and intake owner. Record the requester narrative separately from legal conclusions. Accept incomplete requests, identify missing facts, and do not treat the intake channel or requester title as proof that the organization has accepted representation.
Capture the requested outcome and urgency
Ask what the requester needs from the legal team: issue spotting, preservation, response, defense, recovery, settlement assessment, investigation, filing, negotiation, monitoring, or another defined outcome. Record the event that created urgency, immediate business or personal impact, requested response window, known hearing or service event, and consequences of delay. Label all dates as reported, source-confirmed, organization-target, or pending counsel confirmation.
Identify parties, affiliates, and adverse interests
List every known claimant, respondent, plaintiff, defendant, petitioner, complainant, witness, beneficiary, affiliate, parent, subsidiary, insurer, broker, vendor, co-party, successor, director, officer, employee, expert, and likely adverse or related entity. Capture legal name, aliases, identifiers, role, relationship, jurisdiction, contact or service information, and source. Do not collapse related entities or assume that a trade name, group relationship, or shared owner makes parties legally identical.
Run and record conflict checks
Search the approved client, matter, party, organization, lawyer, staff, expert, and former-client sources using known names, aliases, affiliates, parent companies, adverse relationships, subject matter, and relevant confidential information. Record search scope, systems, date, reviewer, possible matches, analysis status, waiver or consent question, ethical screen need, recusal, escalation, and decision owner. A clear search result is not a legal conclusion; qualified counsel must determine whether a conflict exists and whether it can be managed.
Identify the court, tribunal, and governing forum
Record the court, tribunal, agency, arbitral institution, internal forum, or other decision-maker; country, state, province, or jurisdiction; district, division, bench, venue, and location; proceeding type; judge, officer, arbitrator, or panel if known; local rule source; and portal or filing route. Preserve the source for each forum detail and identify parallel, transferred, removed, appealed, consolidated, or related proceedings. Counsel must confirm jurisdiction, venue, forum, and procedural posture.
Record official and internal case identifiers
Capture the docket, case, claim, arbitration, investigation, complaint, citation, court portal, agency, CNR, client reference, policy, insurance, and internal matter identifiers that are known. Record the identifier type, exact value, issuing authority, source URL or document, retrieval timestamp, status, and verification owner. Preserve leading zeroes and punctuation where the source uses them, distinguish similar identifiers, and never invent an unverified value that could be mistaken for an official number.
Describe claims, defenses, issues, and relief
Summarize the reported facts, claims, defenses, counterclaims, remedies, damages, defenses under consideration, contractual or policy questions, procedural issues, and decision questions in neutral language. Separate allegation, evidence, inference, legal theory, and confirmed finding. Record the source, confidence, disputed points, unknowns, limitation or accrual question, and relationship to other matters. Qualified counsel must determine legal characterization, viability, defenses, remedies, and required action.
Reconstruct service, notice, and response history
For each summons, complaint, petition, notice, demand, order, email, portal event, publication, waiver, acknowledgment, or other communication, record document type, sender, recipient, method, attempt or receipt timestamp, time zone, location, proof or source, status, and related identifier. Preserve the original and proof of service or receipt. Do not calculate a response or limitation date from an unverified service event; qualified counsel must confirm legal effect and date.
Build a source-backed deadline register
List hearings, conferences, responses, disclosures, discovery, motions, appeals, limitation or accrual questions, contractual notices, insurance notices, preservation reviews, settlement milestones, reporting steps, and internal readiness targets. For each item record the date or date range, time zone, trigger, source citation, calculation note, certainty, owner, reviewer, reminders, dependency, extension status, and escalation. Keep legal dates separate from internal buffers and mark every unconfirmed date for counsel review.
Assign internal and external counsel roles
Record the supervising lawyer, matter owner, intake reviewer, business sponsor, external firm, partner or lead, local counsel, co-counsel, insurer-appointed counsel, specialist, paralegal, investigator, expert, service provider, and backup. Capture role, jurisdiction, engagement status, contact route, authority boundary, conflict result, access group, budget responsibility, and communication cadence. Distinguish legal advice, business decisions, factual investigation, technical work, and administrative coordination.
Inventory documents and evidence
Create a source inventory for pleadings, orders, notices, contracts, correspondence, emails, messages, records, photographs, videos, logs, financial data, physical evidence, expert material, witness information, portal exports, and prior matter files. Capture custodian, source system, format, date range, location, identifier, provenance, sensitivity, collection status, duplicates, missing items, and access boundary. Preserve originals or controlled copies and record assumptions instead of treating a folder listing as a complete evidence inventory.
Assess preservation and hold requirements
Ask whether a complaint, demand, notice, threatened dispute, investigation, audit, order, contract, policy, or other event may require preservation. Record the preservation question, decision owner, scope, custodians, systems, locations, date range, hold or freeze status, notice status, release authority, exceptions, monitoring, and source. Coordinate ordinary retention with authorized legal, records, privacy, security, and business owners. Intake staff should not issue, release, or narrow a hold without the required authority.
Classify privilege and confidentiality
Mark attorney-client, work product, confidential business, personal, health, financial, trade secret, sealed, restricted, insurer, third-party, and public material according to the approved handling model. Separate factual evidence from legal advice and identify who may access each category. Record waiver, disclosure, common-interest, protective-order, export, redaction, and segregation questions for qualified counsel. A label alone does not create privilege or prevent disclosure.
Establish budget, funding, and exposure assumptions
Record budget owner, currency, approved amount, phase or task assumptions, internal capacity, external rates, retainer or insurer funding, deductible or self-insured retention, expected expert and discovery costs, settlement or recovery assumptions, invoice requirements, approval thresholds, reserve or exposure notes, and forecast review date. Keep estimates, commitments, invoices, and legal or financial judgments distinct. Label organization-designed targets and obtain the required finance, insurer, business, or counsel approval.
Name strategy ownership and decision rights
Define the matter objective, client or business outcome, decision questions, strategy owner, supervising counsel, business sponsor, approval authority, communication owner, settlement authority, escalation path, and review cadence. Record assumptions, alternatives, dependencies, constraints, and what requires client or executive approval. Strategy ownership does not authorize a person to give advice, settle, file, disclose, or waive rights beyond the approved authority.
Assess risk and immediate controls
Record organization-designed risk dimensions such as procedural posture, deadline uncertainty, adverse action, evidence loss, privilege exposure, confidentiality, financial exposure, insurance, recovery, reputational impact, operational disruption, safety, cross-border issues, and dependency on a third party. Use qualitative bands with rationale and confidence, not unsupported numerical predictions. Assign immediate controls, owners, review dates, and escalation for material uncertainty. Counsel confirms legal risk, duties, rights, and dates.
Route approvals and intake disposition
Route the completed record to the required legal, conflicts, business, risk, finance, insurer, records, privacy, security, or executive approvers based on the organization-designed intake policy. Record approve, decline, refer, defer, conditional approval, or request-more-information decisions with authority, scope, date, conditions, exceptions, and next review. Do not treat a submitted form, budget estimate, conflict search, or manager email as acceptance unless the authorized decision is recorded.
Prepare and accept the handoff
Give the receiving owner a structured summary: requester and objective, parties and conflict status, forum and identifiers, claims and issues, service and source-backed dates, counsel roles, documents and evidence, holds, privilege and confidentiality, budget, strategy, risk, approvals, open questions, immediate actions, communication plan, and next review. Confirm access, responsibility, backup, acknowledgment, and escalation. Preserve the original intake record and the receiving owner’s acceptance.
Reassess intake when material facts change
Trigger a new review when a party, forum, identifier, service event, claim, deadline, document source, hold, conflict, privilege issue, budget, insurer position, strategy, or risk changes. Record the prior state, new facts, source, owner, decision, approval, and effective time. Do not silently overwrite the initial intake rationale or mark the matter complete merely because it was handed off.
Comparison
| Intake area | Controlled practice | Weak practice |
|---|---|---|
| Requester and outcome | The requester, authority, requested outcome, urgency, and source narrative are recorded before the legal assessment. | A forwarded email becomes a matter without knowing who requested work, what outcome is needed, or who may authorize it. |
| Parties and conflicts | Parties, aliases, affiliates, adverse relationships, searches, possible matches, screens, waivers, and counsel review are traceable. | A name-only search is treated as a complete conflict clearance and related entities are merged without analysis. |
| Court and identifiers | Forum, jurisdiction, proceeding type, official identifiers, sources, retrieval dates, and verification status are separate fields. | A docket number is copied into a title while the forum, case type, source, or related proceeding remains unclear. |
| Service and deadlines | Each date has a trigger, source, time zone, confidence, owner, calculation note, and counsel-review status. | A generic calendar date is treated as a legal deadline without preserving service proof or the rule, order, or notice source. |
| Documents and holds | Evidence sources, custodians, provenance, scope, missing records, preservation questions, hold authority, and monitoring are linked. | A shared folder is assumed complete and routine deletion continues while a preservation question is unresolved. |
| Privilege and confidentiality | Legal advice, work product, factual evidence, personal data, access groups, and disclosure questions are separated and reviewed. | A privilege label is applied broadly or copied into open channels as if the label itself prevents disclosure. |
| Budget and strategy | Estimates, commitments, funding, authority, objectives, strategy ownership, decision rights, risk, and review cadence are explicit. | A budget number and a partner name imply strategy, authority, settlement power, or approval that was never recorded. |
| Approval and handoff | Disposition authority, conditions, open questions, access, next actions, backup, and receiving-owner acceptance are retained. | The intake form is marked complete when it is submitted, even though no owner accepted the matter or unresolved risks were assigned. |
Limitations and exceptions
- This is an organization-designed operational checklist, not legal advice, a conflict opinion, a filing instruction, a litigation strategy, or a guarantee that a matter is complete or safe to open.
- Courts, tribunals, agencies, insurers, contracts, engagement terms, professional rules, and jurisdictions may require different facts, forms, notices, dates, approvals, preservation steps, and service methods. Qualified counsel must confirm legal duties and dates.
- A conflict search can miss aliases, affiliates, former-client information, confidential knowledge, personal conflicts, or facts not yet known. The authorized lawyer must determine whether a conflict exists and whether consent, screening, withdrawal, or referral is permitted.
- A recorded deadline is not necessarily a valid deadline. Service, notice, trigger, calculation, extension, time zone, holiday, local rule, order, and procedural posture can change the legal effect of a date.
- Preservation, legal holds, retention, collection, privilege, confidentiality, and discovery obligations are fact-specific. Do not issue, release, narrow, or ignore a hold based only on this checklist.
- Budget, reserve, recovery, damages, settlement, and risk fields are planning inputs. They are not valuations, forecasts, legal conclusions, accounting opinions, or guarantees of outcome.
- A complete intake record cannot prove that all parties, claims, evidence, deadlines, conflicts, or related proceedings have been discovered. Preserve unknowns, assumptions, dissent, and re-review triggers.
- Access controls and handling labels reduce operational exposure but cannot guarantee privilege, confidentiality, admissibility, security, or the absence of waiver or disclosure.
Primary sources
Methodology
Use a versioned intake record with these standard fields: request ID; received timestamp; requester, authority, contact route, accessibility need, and requested outcome; urgency and immediate impact; parties, aliases, affiliates, roles, identifiers, and relationships; conflict search scope, sources, possible matches, waivers, screens, recusals, reviewer, and decision; court or tribunal, jurisdiction, venue, proceeding type, judge or panel, local rules, portal, and filing route; official and internal case identifiers; factual summary, claims, defenses, issues, relief, damages, disputed facts, assumptions, and source confidence; service and notice events with proof; deadline, trigger, source, calculation note, time zone, confidence, owner, and counsel confirmation; counsel, investigators, experts, insurers, business sponsor, and backups; document and evidence inventory with custodian, source, date range, format, provenance, sensitivity, collection status, and gaps; preservation assessment, hold state, scope, custodians, systems, notice, release authority, and monitoring; privilege, confidentiality, access, redaction, and disclosure questions; budget, currency, funding, rates, reserve, forecast, approval, and invoice controls; matter objective, strategy owner, decision rights, communication cadence, and escalation; risk bands, rationale, confidence, controls, owners, and review dates; approvals, conditions, exceptions, handoff acceptance, next actions, and reopen triggers. Use controlled values for disposition, party role, date confidence, proceeding posture, preservation state, handling class, risk band, approval, and handoff status. Keep unknown, not applicable, disputed, reported, and pending counsel confirmation distinct. Use organization-designed risk bands with written anchors and never perform arithmetic on ordinal labels. Review the record when new service, party, forum, evidence, conflict, privilege, budget, strategy, or risk facts arise. Qualified counsel confirms legal duties, procedural posture, privilege, preservation, strategy, and legally significant dates.
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