Preparing for an initial dispute consultation

An initial dispute consultation works best when the adviser can identify the parties, urgent dates and disputed obligation quickly. Applicable pre-action protocols may shape what must happen next in an England and Wales civil claim. ^[1]

Lead with the decision you need State whether you need to respond to a claim, recover payment, stop threatened action or assess settlement. Put imminent deadlines at the beginning, with the document creating them. Do not assume an appointment booking means the adviser has accepted responsibility for a deadline.

Provide the operative contract, a short chronology and the latest substantive correspondence. Identify the strongest contrary evidence and any admissions already made. Tell the adviser about insurers, previous advisers and connected proceedings.

Leave with clear responsibility for the next step Ask what further facts are needed, who will obtain them and what advice is within the agreed fee. Record whether the adviser is providing a one-off assessment or taking conduct of the matter.

Use a selected document pack rather than an unexplained archive. Follow up with a stage-based cost discussion once the likely procedure and immediate work are understood.

Explain what is happening now and what you need decided Begin with the current problem in a few sentences. State who is making a demand, what action is threatened or what outcome you want to assess. Identify any imminent date and provide the document that creates it. A solicitor needs to distinguish a court deadline from a date proposed in an opponent's letter or an internal business target. Avoid assuming that an enquiry or appointment booking transfers responsibility for dealing with the deadline before an engagement has been agreed.

Describe the practical consequence of waiting. The business may face interrupted supply, an unanswered application or a decision about accepting an offer. Explain that consequence factually rather than describing everything as urgent. Identify who can provide instructions and whether another person must approve expenditure or settlement. These details help the adviser assess both the legal issue and the work that can realistically be undertaken. They also reduce the risk of a consultation ending with useful advice that nobody present has authority to implement.

Build a short account that points to evidence Prepare a chronology of the events that matter to the disputed obligation. For each important entry, identify the source document or person with direct knowledge. Mark recollections and disputed facts clearly. Include material that may weaken your position, such as an acknowledged delay, a variation or a previous admission. An adviser cannot give a useful assessment if the file has been selected to conceal the other side's strongest point. Early candour allows problems to be examined before they influence later correspondence or proceedings.

Provide the operative contract and relevant incorporated terms, not merely the page containing the clause you consider favourable. Include the latest substantive communications and a supported calculation where money is involved. Identify missing documents and who may hold them. If the archive is large, use an index and selected core records rather than sending an unexplained mass of attachments. The adviser can then identify what further material is needed and whether the first review can answer the question within the agreed scope.

Surface related matters that can change the advice Tell the adviser about existing proceedings, previous representation, relevant insurance and connected disputes. Explain whether several companies or individuals have overlapping roles. A person may be the operational contact while a different entity owns the claim, or an insurer may have conditions affecting representation and expenditure. Do not assume these matters are irrelevant because the consultation concerns one invoice or letter. They can change who should instruct, what conflicts need checking and how the immediate response should be organised.

Ask which pre-action requirements or procedural rules are likely to apply. The official protocol framework distinguishes different claim types, so the next step should be chosen from the actual facts rather than a standard threatening-letter routine. Clarify whether further investigation is needed before the adviser can reach a view on merits, jurisdiction or limitation. A responsible preliminary assessment may identify an uncertainty rather than supply a definite answer immediately. The useful outcome is understanding what must be established and how that affects the decision you need to make. ^[1]

Leave with a specific instruction and follow-up record Confirm what the agreed fee covers and which work would require a separate instruction. Distinguish a one-off consultation from representation, correspondence or responsibility for proceedings. Ask who will obtain outstanding documents, who will contact the other party and what must happen before a deadline. If the adviser has not accepted a task, record that clearly. A shared understanding of responsibility is more valuable than a general assurance that the matter will be looked at when the file is complete.

After the meeting, prepare a concise record of the decisions, requested evidence and agreed next steps. Correct any misunderstanding promptly and supply the identified material through the appropriate channel. Avoid treating a preliminary comment as a final opinion on facts not yet reviewed. If circumstances change, such as receipt of a claim form or a new offer, tell the adviser and clarify whether the instruction needs expanding. The consultation should create a reliable starting point for informed action, with the current problem, evidential gaps and responsibility for follow-up all visible.