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Client intake checklist for commercial law matters

Commercial intakes often involve multiple related entities and an agent instructing on behalf of a director. This checklist walks through the standard opening steps.

In short

This is a 12-step intake checklist for a commercial matter. It covers entity verification, authority to instruct, conflict checks, scope, costs and engagement so the retainer is defensible from day one.

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12-step checklist

The checklist

1

Identify the legal entity

Confirm the correct entity — company, trustee, partnership or sole trader. Do not act for an unregistered trading name.

Corporations Act 2001 (Cth)
2

Search ASIC records

Run a current and historical extract to confirm directors, registered office and any external administration.

3

Verify authority to instruct

Confirm the individual has authority — director, company secretary or written authority from the board.

Corporations Act 2001 (Cth) s 198A
4

Run a conflict check

Search the firm database for the client entity, related parties, counterparties and any beneficial owners.

Australian Solicitors' Conduct Rules 2015 r 10 & 11
5

Complete KYC and AML checks

Verify identity of the entity and beneficial owners where the matter triggers AML obligations.

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
6

Scope the commercial problem

Identify the transaction or dispute, the counterparties and the commercial outcome the client wants.

7

Identify deadlines

Settlement dates, notice periods, limitation periods and any regulator-imposed timelines.

8

Gather key documents

Request the current contract, any prior drafts, correspondence and the corporate group structure.

9

Identify related matters

Check for existing files for the same client, parallel disputes or regulatory investigations.

10

Provide costs disclosure

Issue a costs agreement and disclosure notice covering scope, rates and estimated total cost.

Legal Profession Uniform Law s 174
11

Confirm reporting lines

Agree who at the client receives advice, who can give instructions and the preferred reporting format.

12

Open the file and diary the matter

Create the matter in the practice management system, diary key deadlines and save a detailed intake note.

When to use

When this checklist applies

Use this checklist on every new commercial matter — transactional or contentious. The authority step is easy to skip when instructions come informally by email.

Common pitfalls

  • Acting on instructions from someone without authority
  • Failing to identify the correct legal entity (e.g. trustee vs trust)
  • Missing a limitation or notice deadline at intake
  • Inadequate costs disclosure for a large matter
  • Not running a conflict check against related parties
Use with Quillio

Run this checklist on a real matter

Quillio drafts engagement letters, scope notes and intake memos for commercial matters. See /practice-areas/commercial-lawyers.

This checklist is a general guide. Adapt for regulated industries, cross-border matters and complex corporate groups.

Use this checklist on your matter.

Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.

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