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Client intake checklist for criminal law matters

Criminal intakes are often time-critical — the client may be in custody or facing an imminent court date. This checklist walks through the standard opening steps.

In short

This is a 12-step intake checklist for a criminal matter. It covers the charges, custody status, bail, disclosure, funding and urgency so the client is properly represented from day one.

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12-step checklist

The checklist

1

Confirm custody status

Is the client in custody, on bail, or summoned? Custody cases require immediate action.

2

Identify the charges

Capture exact charge particulars — offence, section, date, alleged conduct and the court where listed.

3

Run a conflict check

Search for co-accused, victims, witnesses and any prior instructions involving the same matter.

Australian Solicitors' Conduct Rules 2015 r 10 & 11
4

Confirm the next court date

Identify whether the next appearance is a first mention, bail application or hearing. Diary it immediately.

5

Request police facts and antecedents

Ask police prosecution for the court attendance notice, facts sheet and prior convictions.

6

Check bail status

Is bail granted, refused or in dispute? Identify any bail conditions and whether a review is needed.

Bail Act 2013 (NSW) or equivalent state legislation
7

Screen for vulnerability

Ask about mental health, cognitive impairment, Aboriginality and language needs. Refer to support where appropriate.

8

Identify funding source

Private, legal aid, grant of aid or duty solicitor. Confirm eligibility if legal aid applies.

9

Take an initial account

Take a broad account of the client's version. Do not coach — record exactly what the client says.

10

Advise on plea options

Outline plea of guilty vs not guilty at a general level. Do not force a decision at intake.

11

Provide costs disclosure

Issue a costs agreement and disclosure notice, or confirm the grant of aid conditions.

Legal Profession Uniform Law s 174
12

Open the file and diary

Create the matter, diary all court dates and save a detailed intake file note.

When to use

When this checklist applies

Use this checklist on every new criminal intake — in person, by phone or from the cells. The conflict and bail status checks are especially important.

Common pitfalls

  • Missing a conflict involving a co-accused
  • Failing to diary the next court date
  • Not screening for mental health or cognitive impairment
  • Taking a version that has been coached by family
  • Inadequate file note of the intake conversation
Use with Quillio

Run this checklist on a real matter

Quillio drafts bail applications, plea submissions and file notes in current AU format. See /practice-areas/criminal-lawyers.

This checklist is a general guide. Adapt for serious indictable matters, juveniles and mental health matters.

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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