Opening a matter at a Spanish law firm: responsibilities and checks

A matter-opening process helps distinguish an enquiry received from instructions accepted. A Spanish law firm should define who reviews a request, what information the client needs and when a responsible professional is assigned. A checklist organises work. It does not replace the lawyer's judgement.

Separate contact, review and acceptance

Someone may write through the website, call or send documents before the team has checked whether it can act. Mixing these stages creates organisational problems: an email can have no owner, or a task can appear accepted before anyone has assessed it. Use understandable statuses and assign someone to review each new enquiry.

A simple approach separates an enquiry received, a professional review pending and instructions accepted. These are suggested internal labels, not universal legal categories. Each must reflect what has actually happened. A status must never hide a deadline someone has reported or justify leaving an urgent issue until the next commercial meeting. Urgency needs assessment by the responsible professional, not an automatic reply.

Keep an initial review record proportionate

The record can identify the person making contact, the broad need, the contact channel and a reference to documents received. Add who will review the enquiry and what information is missing. Avoid turning it into an endless form or a place where every employee can read every matter's background.

Before collecting more information, consider why it is needed and who should see it. Identity, representation, conflicts and other applicable checks require their own professional assessment. This guide does not attempt to list them exhaustively or create a complete compliance system. Its purpose is to give a pending task an owner and a visible next step.

Information before the work starts

Article 27 of Spain's General Statute of the Legal Profession requires the professional to give the client the information referred to in article 48 before starting professional work, preferably through engagement documents. Do not turn that preference into a claim that only one documentary form is valid in every situation.

Article 48 sets out identification and information duties. Among other matters, it covers professional identification, information about the viability of the matter, and fees and costs through an engagement document or equivalent means. The internal record can include a check that the relevant information was provided and where evidence of that communication is kept. Ticking a box without supporting content does not by itself show that the client was properly informed.

This article concerns organisation in Spain. The Spanish provisions cited should not be treated as the rules for opening matters in another jurisdiction. Any practice working across countries needs to check its own applicable obligations.

Define the instructions and allocate the work

After reviewing whether the firm can act, describe the work accepted in terms the client and team can understand. Distinguish what is included, what needs a later decision and what has not been instructed. If the facts or scope change, review both the information given and the work plan. Adding tasks to a list does not explain how they relate to the instructions.

Assign responsibility for the matter and for individual tasks. A colleague may prepare a draft without becoming the person who decides to send it. The workflow can separate preparation, review, approval and communication. These are suggested management controls. They do not establish a legal distribution of responsibility or permit the automatic delegation of professional decisions.

Documents, access and confidentiality

Articles 21 and 22 of the Statute govern professional secrecy and its scope. Article 22.4 requires the professional to ensure that collaborators, associates and others cooperating in the professional activity respect it. Opening a matter should therefore not mean copying every document into a general team folder.

Review who needs access, where the working version is stored and how it differs from an approved document. A clear filename can identify the matter and document status without unnecessarily exposing personal information in shared views. Tool selection, security measures and information handling require a specific assessment. An application is not validated merely because it appears in a workflow checklist.

Use a short review to find gaps

A regular review can check unassigned enquiries, missing information and tasks whose relevant dates are approaching. Its frequency should match the actual work. This recommendation does not set a legal period. Where a procedural or contractual date matters, the professional must verify its source and the applicable calculation instead of deriving it from a generic template.

The record should show the next action and its owner. When work passes from one person to another, the handover can include status, relevant documents, verified dates and outstanding decisions. Do not assume changing a name in an application means the recipient has accepted the task. Check that the handover was received and that no responsibility has been left uncovered.

Our sections on Training and Business development offer further professional context. Improving the entry point helps align the firm's commercial explanations with the work it actually accepts.

Frequently asked questions

Should an enquiry received be marked as instructions accepted?

Not if acceptance has not happened. Internal statuses should reflect facts and make space for professional assessment of the case.

Does article 27 always require an engagement document as the only possible form?

Article 27 requires information before the work starts, preferably through engagement documents. Article 48 refers to an engagement document or equivalent means when dealing with information about fees and costs.

Can a checklist replace legal assessment?

No. It helps organise owners and pending tasks. It does not decide conflicts, acceptance, urgency or legal time limits.