How can a law firm qualify enquiries without turning clients away?

The intake questions that decide whether a legal enquiry is worth a consultation, and the conflict and costs rules sitting behind them.

TLDR

Qualifying a legal enquiry means settling three things early: whether your firm is allowed to act, whether it's the right firm for the matter, and on what fee basis. Ask what happened and who else is involved before offering any view, run the conflict check before the consultation, and let your practice area pages answer most of it first.

Key takeaways

  • A caller's own label for their matter is often wrong, because working out what a dispute legally is happens to be the job they're ringing to buy. Ask what happened and on what dates.
  • Full names of every other party belong in the first conversation, since they are the input to the conflict check that has to run before anyone books time with a solicitor.
  • Under section 174(1)(a) of the Legal Profession Uniform Law, a costs disclosure must be given when total legal costs, excluding GST and disbursements, are likely to be more than $750.
  • Matters likely to fall between $750 and $3,000 can use the standard short form costs disclosure. Above $3,000 a full costs disclosure statement is required.
  • Rule 36.2 of the Australian Solicitors' Conduct Rules stops a solicitor using “accredited specialist” or similar descriptions without that accreditation from the relevant professional association.
  • Recording why enquiries were declined, by source and practice area, is what separates a sharper filter from a quietly shrinking pipeline.
In this article (9 sections)
  1. What qualifying a legal enquiry actually means
  2. The five questions that decide whether a legal enquiry is worth a consultation
  3. Why conflict checks belong at the enquiry stage, not the engagement stage
  4. How the costs disclosure thresholds shape the qualifying conversation
  5. How a law firm website can qualify enquiries before anyone picks up the phone
  6. Where law firm websites turn good enquiries away
  7. How to qualify enquiries that arrive by form, chat or voicemail
  8. How to decline a legal matter without losing the referral
  9. What to measure so qualifying does not quietly shrink the pipeline

Most law firms don't have an enquiry problem. They have a sorting problem. Your phone rings, your contact form fills, and somewhere in that pile are two matters worth opening a file on, three that belong at another firm, and one that's already been to two solicitors and is now looking for a third opinion for free.

Qualifying is how your firm tells those apart without insulting anyone. Done badly it reads as a brush off, and the enquiry that was worth having books elsewhere. Done well it's simply a clear conversation, held early, about what happened, who's involved and what the work would cost. Here's how to build that conversation, and where your own website can do most of it in advance.

Qualifying is deciding three things in order: whether your firm is allowed to act, whether your firm is the right place for the matter, and on what financial basis the work would proceed. Only the third is a sales question, and it's the one most intake scripts start with.

  • Can we act? Conflicts, jurisdiction, and whether the matter is in a practice area your firm genuinely runs.
  • Should we act? Your capacity this month, the seniority the matter needs, and whether the person is looking for a solicitor or for reassurance.
  • On what basis? Your fee structure, your estimate, and whether the person understands what you're quoting.

Two of those constraints are unique to legal work. A plumber who takes the wrong job loses a Saturday. A firm that takes a conflicted matter, or one it cannot properly cost, has a professional conduct problem as well as a commercial one. That's why you can't borrow your legal intake wholesale from a generic sales framework.

The person calling you will usually open with their own label for the matter. That label is frequently wrong, because working out what a dispute legally is happens to be the job they're ringing to buy. So ask what happened, not what they think it is.

  1. What happened, and on what dates? Plain facts in the caller's own words. Dates matter because time limits sit behind most matters, and a date is the fastest way for you to see whether this is urgent.
  2. Where is it happening? The state, and the court, tribunal or agency already involved. If your firm doesn't hold a practising certificate in that jurisdiction, or doesn't appear in that forum, you've learnt something important in one question.
  3. Who else is involved? Full names of every other party, their business names, and any other solicitors already acting. This is your conflict check input, and it's the question most intake forms leave out.
  4. Who decides, and who pays? Sometimes they're the same person. In a family business dispute or an estate matter they very often aren't, and the person on the phone may have no authority to instruct anyone.
  5. What has already been tried? Previous solicitors, letters already sent, deadlines already missed, and anything filed. A matter that arrives mid-stream costs you more to take on, and the caller rarely volunteers this.
Worth knowing

Ask for the names of the other parties before you give any view on the matter. Once a caller has been given preliminary advice, an intake conversation has become something harder to unwind, and the conflict check that should have happened first has happened last.

A man in a suit jacket taking notes during a phone call in an office
The first call is a fact gathering exercise, not a sales pitch. Photo by Felicity Tai on Pexels.

Why conflict checks belong at the enquiry stage, not the engagement stage

The Australian Solicitors' Conduct Rules, published by the Law Council of Australia and adopted across most of the country, deal with conflicts in rules 10 and 11. Rule 10 covers former clients, and the Queensland Law Society's commentary on it makes the practical point plainly: the duty of confidentiality outlives the retainer even though the duty of loyalty does not. Under rule 10.2 a solicitor cannot act where they hold confidential information that is material to another client's matter and would be detrimental to the former client if disclosed, unless there is informed consent or an effective information barrier.

None of that is controversial inside a firm. What goes wrong is the timing. A conflict check run after a consultation has already been held is a check run too late, because the confidential information is already in the building.

  • Capture names at first contact, including former names, company names and trading names, and put them into the check before anyone books time with a solicitor.
  • Search former clients as well as current ones. A matter that looks clean against the open files can still be closed to the firm.
  • Record the check and its result against the enquiry, not just against files that became matters. Declined enquiries are the ones anyone will later ask about.

This is also the single best argument for qualifying early rather than optimising for consultation volume. A consultation with someone your firm can't act for costs you an hour of fee earner time and buys you a problem.

How the costs disclosure thresholds shape the qualifying conversation

In the Uniform Law states, the fee conversation is not optional and it is not something to leave until the retainer. The Legal Services Council oversees the framework in New South Wales, Victoria and Western Australia. Under section 174(1)(a) of the Legal Profession Uniform Law, as the Victorian Legal Services Board and Commissioner summarises it, a costs disclosure must be given when total legal costs, excluding GST and disbursements, are likely to be more than $750.

The thresholds are the useful part for your intake, because they tell whoever answers your phone how much of the money conversation has to happen and when.

Likely total legal costsWhat the Uniform Law requiresWhat that means at intake
Not likely to be more than $750, excluding GST and disbursementsNo costs disclosure statement requiredSmall, fixed scope work can be quoted and booked simply
Between $750 and $3,000The standard short form costs disclosure may be usedA short, written fee note can go out with the confirmation
More than $3,000A full costs disclosure statement is requiredScope has to be understood well enough to estimate before the file opens
Commercial or government clientExempt from the disclosure obligationDifferent conversation entirely, usually about panels and rates
Circumstances change materiallyAn updated disclosure in writingScope creep is a client communication task, not just a billing one

The commissioner's guidance also notes what happens when disclosure is missed: the costs agreement, if there is one, is void. So the estimate isn't a commercial nicety bolted onto the end of intake. It's the reason your intake has to establish scope in the first place, and a caller who can't fund the work is better served by hearing that in the first conversation than after a file is open.

Check your own jurisdiction

This is marketing guidance, not legal advice, and the thresholds above are the Uniform Law position. Firms outside New South Wales, Victoria and Western Australia work under their own state or territory rules, and every firm should take the disclosure position from its own regulator rather than from an agency blog.

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How a law firm website can qualify enquiries before anyone picks up the phone

Everything above happens on the phone. You can start most of it on your website, which is where the person already is when they decide whether to call you. A practice area page that answers the qualifying questions in advance does two jobs for you at once: it earns the search visibility, and it filters.

  • Describe matters in the words people use. Someone whose builder has walked off site doesn't search for the statute. They search for what happened.
  • Say who your firm acts for, and who it doesn't. A commercial litigation page that says your firm acts for businesses rather than in consumer disputes will cost you a few enquiries and save many.
  • Name the jurisdiction and the courts. This is the clearest signal of whether yours is the right firm, and it's also what local search results reward.
  • Give some fee shape. Where a matter can be fixed fee, say so. Where it can't, explain what drives the cost. Silence on fees doesn't stop people wondering, it just moves the question to the phone call.
  • Explain what happens next. What the first appointment covers, what to bring, and who they'll speak to.

That's the same work as ranking well, which is the part firms often treat as separate. A page written to answer a searcher's real question is the page that gets found, so search campaigns built around the matters a firm actually wants tend to raise enquiry quality and enquiry volume together rather than trading one for the other. The same applies to the map results, where local visibility across the suburbs a firm serves brings in people who are close enough to attend an appointment.

A man in an office reviewing printed documents beside an open laptop
Most of the qualifying questions can be answered on a practice area page before anyone calls. Photo by Felicity Tai on Pexels.

Where law firm websites turn good enquiries away

The opposite failure is quieter, because nobody reports the enquiry they didn't make. These are the patterns that cost firms matters they'd have wanted, and you can fix most of them in an afternoon.

  • A contact form that asks for everything. Fifteen fields before any contact has been made reads as paperwork. Ask for enough to route and call back, and gather the rest by phone.
  • A phone number that's hard to find. Legal enquiries are disproportionately urgent. A number that isn't on your practice area page, tappable, is a number that doesn't get rung.
  • Practice areas written as legislation. Page titles that name the Act rather than the problem are invisible to both the searcher and the search engine.
  • Claiming specialisation the firm cannot claim. Rule 36.1 of the conduct rules prohibits advertising that is false, misleading or deceptive, and as the Law Society of New South Wales notes, rule 36.2 stops a solicitor using "accredited specialist" or similar descriptions unless they hold that accreditation from the relevant professional association. Vague expertise claims are both a compliance risk and weak copy.
  • No answer to "do you act in matters like mine". If your site can't tell someone whether their matter is in scope, the phone call has to, and many people won't make it.

There's a marketing version of the same mistake upstream, where campaigns are tuned for cost per enquiry and the enquiries that arrive are cheap and wrong. We've written about why good campaigns still produce bad leads elsewhere, and the cause is nearly always that the thing being counted isn't the thing the business wants.

How to qualify enquiries that arrive by form, chat or voicemail

The five questions assume a conversation. A growing share of legal enquiries never start as one, and each channel loses something different on the way in.

  • Web forms arrive with whatever the person chose to type, which is rarely the facts a conflict check needs. Treat the form as a request for a call rather than as intake, and ask your questions properly on the phone.
  • Live chat is answered by whoever is free, often a person with no training in what not to say. Scope it to booking a call and collecting names, and make sure it's never the place preliminary views are given.
  • Voicemail and after hours is where urgent matters land, because urgent matters don't respect office hours. A message that tells people when your office is open, and what to do if their matter can't wait, is worth recording properly.
  • Referrals from other firms arrive part qualified and are frequently handled worst, because the assumption is that the referring solicitor has already checked. Run the conflict check anyway, on names the referrer supplies.

Whatever the channel, you need the enquiry to end up in one place with the same fields against it. Two inboxes and a notebook is how firms end up unable to say which marketing brought them their best matters last quarter.

If you qualify properly you'll say no more often, so saying no well is part of the system rather than an afterthought. The person on the other end has a real problem and is usually anxious about it. How that call ends decides whether they speak well of your firm to the next person who asks.

  1. Say no clearly and early. A vague maybe wastes more of their time than a direct answer, and it's the version people resent later.
  2. Give a reason they can use. Not acting in that jurisdiction, or not running that kind of matter, is useful information. "We are not taking new clients" isn't.
  3. Point somewhere. A firm that does the work, or the referral service run by the law society in their state. A useful referral is remembered as help.
  4. Keep the door open on the part you can help with. Plenty of declined matters contain a smaller piece of work your firm is happy to do.

Referrals out also build the relationships that bring referrals in, which is the quiet reason good firms are relaxed about declining work.

What to measure so qualifying does not quietly shrink the pipeline

Tightening your intake can improve every number on your report while your firm gets smaller. Your conversion rate rises because the denominator fell. The only way you'll see that is to record what happened to every enquiry, not just the ones that became matters.

StageWhat to recordThe question it answers
EnquirySource, practice area, jurisdictionWhich channels bring matters the firm can act on
QualifiedPassed the conflict check and in scopeHow much of the volume is real
ConsultationHeld, and with whomWhether fee earner time is going to the right matters
RetainedMatter opened, estimated valueWhat a qualified enquiry is worth by practice area
DeclinedThe reason, in a fixed listWhether marketing is buying the wrong enquiries

The declined column is the one that pays for itself. A run of enquiries declined for the same reason, all arriving from the same page or campaign, is a content problem with an address. Fix the page and the volume falls slightly while the matters rise, which is the trade every firm says it wants and few measure.

Track it by practice area rather than in aggregate, because your family law enquiries and your commercial enquiries behave nothing alike and averaging them hides both. That level of measurement is standard practice for us as a digital marketing agency that works with professional services firms, and it's what turns your intake process into something you can improve rather than argue about. If you want to see how it plays out in a legal campaign, our work with a criminal law firm in New South Wales is published with the figures it produced.

Frequently asked questions

What should a law firm ask on the first call?

What happened and on what dates, which state and which court or tribunal is involved, the full names of every other party, who has authority to give instructions and who is paying, and what has already been tried. Those five answers decide whether a consultation is worth booking, and the names are what the conflict check needs.

When does a law firm have to give a costs disclosure?

In the Uniform Law states, section 174(1)(a) of the Legal Profession Uniform Law requires disclosure when total legal costs, excluding GST and disbursements, are likely to be more than $750. The Victorian Legal Services Board and Commissioner notes that matters between $750 and $3,000 can use the standard short form, and that missing disclosure voids the costs agreement.

Can a law firm call itself a specialist on its website?

Only with the accreditation behind it. The Law Society of New South Wales points to rule 36.2 of the Australian Solicitors' Conduct Rules, which stops a solicitor using “accredited specialist” or similar descriptions unless they are accredited by the relevant professional association. Rule 36.1 separately prohibits advertising that is false, misleading or deceptive.

Should conflict checks happen before or after the first consultation?

Before. Once a consultation has been held the firm may hold confidential information about the matter, which is exactly what rule 10.2 of the conduct rules turns on for former clients. Collecting party names at first contact and checking them before the appointment keeps the sequence the right way round.

Both, with different jobs. A form captures the enquiry from someone who can't talk right now, but it rarely carries the facts a conflict check needs, so treat it as a request for a call. A tappable phone number on every practice area page matters because legal enquiries are disproportionately urgent.

Does qualifying enquiries reduce the number of clients a firm signs?

It can, and that's worth measuring rather than assuming. Conversion rate rises automatically when the denominator falls, so record every enquiry, whether it was qualified, and the reason for each decline. If matters opened are rising while declines cluster around one page or campaign, your filter is working and your marketing needs fixing.

The short version

Qualifying is a sequence, not a filter bolted onto the end of intake. Establish the facts and the parties before giving a view, run the conflict check before the consultation, and let the costs disclosure thresholds decide how much of the fee conversation happens up front. Then record what happened to every enquiry, including the declined ones, so you can tell a tighter intake apart from a smaller firm.

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Garry Singh
Written by Garry Singh

Growth Specialist, Uppercut Digital

Sources

  1. Victorian Legal Services Board and Commissioner: Costs disclosure
  2. Legal Services Council: the Legal Profession Uniform Law framework
  3. Law Council of Australia: Australian Solicitors' Conduct Rules
  4. Queensland Law Society: Relations with clients, conduct rules 10 and 11
  5. The Law Society of New South Wales: Advertising legal services
  6. The Law Society of New South Wales: Costs Guidebook

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