Case Intake & Initial Fact Memo

Case Intake & Initial Fact Memo

Produces an attorney work product memorandum capturing the initial consultation for a commercial litigation matter. Serves as the foundational document for case evaluation and strategy.

Quick Start

1. Collect client intake info, key contracts, correspondence, financial records, and conflicts check results
2. Generate the memo using the section structure below
3. Mark every page ATTORNEY WORK PRODUCT – CONFIDENTIAL
4. Use assigned case number or Intake-[YYYY-MM-DD] as identifier

Prerequisites

• Client intake — full legal entity name, formation state, principal contacts
• Key contracts — executed agreements central to the dispute, with amendments
• Correspondence — demand letters, emails, notices (chronological)
• Financial records — invoices, payment records, damages calculations (if available)
• Conflicts check — clearance confirmation and any waivers

Memo Sections

1. Header

Include: Matter/​Case No., Date Prepared, Prepared By, Supervising Attorney, Client (full legal entity name), Subject line as Initial Fact Memo: [Client] – [Dispute Type] – [Brief Description].

2. Client & Business Profile

• Legal entity: name, type, formation state, principal place of business, registered agent
• Key contacts: name, title, phone, email
• Business context: industry, size, corporate structure
• Referral source, prior representations, conflicts status

3. Case Overview

3–5 paragraph narrative covering:

• Dispute type and party relationship
• Legal objectives (recovery, injunction, declaratory relief) vs. business objectives (relationship preservation, reputation, deterrence)
• Precipitating event and urgency drivers
• Amount in controversy with source citation
• Posture: claimant, defendant, or both

No liability conclusions — frame as facts and preliminary observations only.

4. Chronology of Key Facts

• Use direct quotations when contract/​correspondence language may be dispositive
• Label every fact: [Client Statement], [Doc: filename, p. X], or [Unverified]
• Flag timeline gaps, inconsistencies, and missing referenced materials

5. Key Parties

Include client, adverse parties, and third-party witnesses.

6. Contractual Framework

For each material agreement, document:

• Contract type, execution date, parties
• Key obligations (cite § and quote verbatim)
• Payment terms, notice/​cure requirements, termination provisions
• Dispute resolution clause (quote verbatim — arbitration or litigation)
• Choice of law and forum selection (quote verbatim — mandatory or permissive)
• Liquidated damages, liability caps, consequential damages exclusions (cite §)
• Amendments and side letters (date and effect)

7. Preliminary Legal Issues & Claims

Potential claims (client as claimant):

Potential counterclaims / client exposure:

Threshold issues checklist:

• Statute of limitations: accrual date, governing period, expiration
• Arbitration clause: mandatory? scope? waivable?
• Forum selection: mandatory or permissive?
• Choice of law conflicts with forum state?
• Pre-suit notice/​demand requirement (cite contract §)
• Administrative exhaustion required?
• Heightened pleading standard (e.g., fraud/​particularity)?
• Novel or unsettled legal questions requiring research

8. Damages & Relief

Monetary: Direct damages, consequential/​lost profits (methodology + assumptions), incidental, statutory/​punitive (cite statute), attorneys' fees (contract/​statute §).

Contractual modifiers: Liquidated damages, liability caps, consequential exclusions — cite § for each.

Non-monetary: Specific performance, injunction, declaratory judgment, rescission, accounting — state basis for inadequacy of legal remedies.

Business objectives beyond recovery: Relationship preservation, confidentiality, precedent, competitive protection.

9. Procedural Posture & Deadlines

Track: demand letters, litigation filings, arbitration demands, administrative proceedings, SOL deadlines, contractual notice deadlines, response deadlines, litigation hold status.

10. Document Inventory & Evidence Assessment

• Extract critical quoted language verbatim with citations
• List missing documents referenced but not produced
• Flag privilege issues (attorney-client, work product)
• Note metadata/​forensic concerns (version history, track changes, send times)

11. Preliminary Strategic Assessment

• Strengths/​weaknesses: factual and legal, including gaps and credibility concerns
• Witness assessment: availability, reliability, impeachment vulnerability
• Opposing party profile: financial capacity, likely strategy, known counsel
• Leverage points: business dependencies, reputational exposure, regulatory risk
• ADR viability: negotiation/​mediation/​arbitration timing and client receptiveness
• Settlement posture: client objectives and risk tolerance

12. Recommendations & Immediate Action Items

Always include:

1. Litigation hold notice (immediate — spoliation risk)
2. File/​respond deadline (SOL/​waiver risk)
3. Additional document requests
4. Legal research on specific issues
5. Expert consultation needs

Note client decisions needed (file vs. negotiate, preliminary injunction, fee arrangement) and additional information needed (documents, witnesses, factual clarifications).

13. Attachments

Every document cited in the memo must appear in an attachment index or its absence explained. Organize by category: contracts, correspondence, financial records, corporate/​organizational docs, administrative.

Guidelines

• Source every fact: [Client Statement], [Doc: name, p. X], or [Unverified]
• Quote, don't paraphrase notice, arbitration, forum selection, and choice-of-law clauses — these control procedure
• No liability conclusions in §§ 3–4; reserve legal assessment for § 7 with qualifiers (preliminary analysis suggests, subject to further research)
• Flag [VERIFY] on any legal citation whose current validity is uncertain
• Work product designation on every page
• US commercial litigation scope — note state-specific procedural rules; flag choice-of-law conflicts

Troubleshooting

• Missing contracts: Flag in § 10 and add to § 12 action items as priority document request
• Conflicting client statements vs. documents: Note discrepancy in § 4 chronology with both versions; flag for follow-up
• No case number assigned: Use Intake-[YYYY-MM-DD] format throughout; update on assignment
• Uncertain legal citations: Always append [VERIFY] — never present unconfirmed authority as settled law