The way a business prepares for a legal consultation has a direct effect on how much value that consultation delivers. A consultation is not simply a question put to a lawyer in the moment. It begins earlier, with organizing the relevant facts and documents and being clear about what the business wants to get out of the conversation. The same preparation applies just as usefully to an individual preparing for a consultation on a personal matter.
What Governs a Consultation Professionally
Legal consultations are subject to professional standards that govern how they are provided. Under the Rules of Professional Conduct for Lawyers issued by the Ministry of Justice, a consultation must be provided independently and objectively, and its confidentiality and the privacy of the parties involved are protected as the Rules set out. The preparation steps described in this guide, covering facts, documents, and questions, are practical recommendations for getting ready for a consultation, not universal statutory intake requirements.
Why Preparation Matters
Arriving with scattered or incomplete information means a large part of the consultation is spent piecing the facts together rather than analyzing them. Arriving with the same information organized means that time is spent instead on understanding the legal position and the options available, which is closer to what the consultation was meant to achieve.
Gathering the Relevant Documents and Facts
Depending on the nature of the matter, it is worth gathering the following before the consultation:
Contracts or agreements related to the matter, including signed copies where they exist.
Relevant correspondence, whether email or formal letters.
Important dates, such as when a contract was signed, when a particular event occurred, or any statutory deadlines that may be connected to the matter.
Any decisions already made on the issue.
Any official or government documents related to the matter.
These documents do not need to be complete or professionally organized. Gathering them in advance saves time and gives a clearer picture of the matter from the start of the consultation.
Clarifying What You Want From the Consultation
Before attending, it is worth pausing to define the goal of the consultation clearly. The aim may be to understand the legal position on a particular issue, to weigh the available options before a decision is made, to get help drafting a document, or to find a way to resolve an existing dispute. Each of these goals points the consultation in a different direction, and knowing which one applies makes better use of the time available.
Questions Worth Asking
Some questions are worth preparing in advance:
What does the legal position look like based on the facts available?
What options are available, and what are the advantages and risks of each?
Are there any statutory deadlines that need attention?
What additional information or documents might be needed to complete the picture?
What are the recommended next steps?
What Makes a Consultation More Useful
Clarity and candor add value directly. It helps to separate confirmed facts from assumptions or personal impressions, and to present the full picture even where parts of it seem unfavorable, since leaving something out can lead to advice built on an incomplete view. A clear, ordered timeline of events helps as well, along with being explicit about the outcome being sought.
After the Consultation: General Next Steps
After a consultation ends, it is useful to review what was discussed and confirm it was understood, gather any further information or documents that were requested, think through the options presented, and decide on the next step based on the nature of the matter itself.
Frequently asked questions
Depending on the nature of the matter, it is worth gathering the contracts or agreements related to it, including signed copies where they exist; relevant correspondence; important dates, including any statutory deadlines that may be connected to the matter; any decisions already made on the issue; and any official or government documents related to it. These documents do not need to be complete or professionally organized, but gathering them in advance saves time and gives a clearer picture of the matter from the start of the consultation.
It helps to separate confirmed facts from assumptions or personal impressions, and to present the timeline of events in order. It also helps to present the full picture even where parts of it seem unfavorable, since leaving something out can lead to advice built on an incomplete view. Defining the goal of the consultation before attending, and being explicit about the outcome being sought, helps as well.
Questions worth preparing in advance include what the legal position looks like based on the facts available, what options are available and what the advantages and risks of each are, and whether there are any statutory deadlines that need attention. It is also worth asking what additional information or documents might be needed to complete the picture, and what the recommended next steps are.
The confidentiality of a consultation and the privacy of the parties involved are protected as set out in the Rules of Professional Conduct for Lawyers issued by the Ministry of Justice. The same Rules also require a consultation to be provided independently and objectively.
After a consultation ends, it is useful to review what was discussed and confirm it was understood, and to gather any further information or documents that were requested. It then helps to think through the options presented and decide on the next step based on the nature of the matter itself.
