Law Firm Intake Scripts: Criminal and Family

A parent calls at 9 p.m. because their son was arrested. A spouse calls on a lunch break after being served with divorce papers. Both may call more than one firm, and in our view they book with the one that listens, asks the right questions and offers a time.

Law firm intake is that first conversation, and a written script keeps it on track. Below are copy-ready scripts for criminal defense and family law calls, the ABA rules behind them, a qualification checklist and a call scorecard.

The rules quoted are the ABA Model Rules of Professional Conduct. Your state’s version controls, so have your attorney approve every script line before staff use it.

Key Takeaways

• Run the conflict check before the caller tells the story. Under ABA Model Rule 1.18, what a prospective client says is generally protected even if the firm never takes the case.
• Intake gathers facts and books consults. Under the ABA’s paralegal guidelines, forming the client relationship, setting the fee and giving a legal opinion stay with the lawyer.
• In Clio’s 2024 secret shopper study, 40% of firms answered the phone, and only 41% of those gave out rate information, according to the ABA Journal.
• ABA Model Rule 1.5(d) bars contingent fees in criminal defense and fees that depend on securing a divorce or the amount of support.
• Offer two specific times on the call, then follow up on a schedule.

On this page:

• The six steps
• The first 60 seconds
• Conflict check first
• Criminal defense questions
• Family law questions
• No legal advice
• Price questions
• Booking on the call
• Follow-up
• Qualification checklist
• Weekly call review
• FAQ

Law firm intake has six steps, and each has a job

Law firm intake, also called legal intake, is the process that turns calls, forms and chats from potential clients into booked consultations. Each step has one job and one line it shouldn’t cross:

Every script on this page is ours, written for this guide. Swap in your firm’s details and the fees your attorney sets.

The first 60 seconds decide whether the caller stays

Answer live, say who you are and show the caller they reached someone who can help. In Clio’s 2024 secret shopper study, “only 40% of firms answered calls, compared to 56% in 2019,” the ABA Journal reported.

Across the firms we help with intake, the share of new callers who reach voicemail instead of a person has ranged from under 5% to over 40% in a month (our data from call notes, 2026). Each of those callers deserves a quick callback.

In the first minute, greet with the firm name and a first name, acknowledge the problem, ask who is calling and for whom, and check that it’s safe to talk. On a criminal call, the caller may be a parent or spouse. If a caller would rather talk in Spanish or another language, the script should say who takes that call.

What should intake say in the first minute?

“Thanks for calling [Firm], this is Dana. How can I help you today?”

(Caller explains in a sentence or two.)

“I’m sorry you’re dealing with this. Let’s figure out the next step together. Are you calling about your own case or for someone else?”

What do you say when a parent calls about an arrest?

(After the greeting, the caller says their son was arrested last night.)

“I’m sorry. Is your son still in custody, or has he been released?”

“Okay. I’ll take a few details so [Attorney] can look at what happens next. Can I start with his full name and date of birth?”

Run the conflict check before you hear the story

Get the names first, run them through your conflict system, then take the details.

ABA Model Rule 1.18 covers anyone who “consults with a lawyer about the possibility of forming a client-lawyer relationship.” Even if no relationship follows, the lawyer generally “shall not use or reveal that information” (ABA Model Rule 1.18). If the firm hears something that “could be significantly harmful” to the caller, it can be barred from representing the other side in the same or a substantially related matter, unless one of the rule’s exceptions applies.

So keep the first call light on facts: take “only such information as reasonably appears necessary” to decide whether the firm can take the matter, as the ABA’s comment on Rule 1.18 puts it.

Names to collect before the story:

• Criminal defense: the person charged, any co-defendants and the alleged victim or complaining witness.
• Family law: the other spouse or parent (and any former names), the children and the other side’s lawyer, if there is one.

“Before you tell me what happened, I need a few names so we can check for conflicts. What’s the other parent’s full name?”

Qualifying questions for criminal defense calls

Qualify a criminal call with the charge, the court, the next date and who the client will be. Leave the story of what happened for the attorney.

If court is today or tomorrow, reach the attorney before the caller hangs up. Four other situations need their own lines:

• Calls from jail. These may be monitored. The Federal Bureau of Prisons, for one, says “a notice is posted next to each telephone advising inmates that calls are monitored” (Federal Bureau of Prisons).
• A parent or spouse paying. Under ABA Model Rule 1.8(f), a lawyer can accept payment from someone else only if “the client gives informed consent.” The lawyer’s judgment must stay independent, and the client’s information stays protected (ABA Model Rule 1.8).
• Co-defendants. The conflict risk in representing several defendants “is so grave that ordinarily a lawyer should decline to represent more than one codefendant” (ABA, Comment on Rule 1.7). If two people in one case call, flag it to the attorney before booking either.
• The alleged victim. If the complaining witness calls, for example to ask about dropping the charges, take the name for the conflict check, skip the story and pass the call to the attorney.

How do you explain who the client is when a parent is paying?

“I can go over fees and scheduling with you. One thing to know up front: if [Attorney] takes the case, your son is the client. [Attorney] will talk with him directly, and what they discuss stays confidential, even though you’re paying.”

“Calls from the jail may be recorded, so it’s best if he doesn’t talk about what happened on those calls. [Attorney] will explain more at the consult.”

Qualifying questions for family law calls

Qualify a family law call by checking safety first, then the court, the stage of the case and the children.

If a caller says they’re in danger, intake stops qualifying. The National Domestic Violence Hotline answers at 1.800.799.SAFE (7233) and asks people to “contact 911 if you feel like you are in immediate danger or a life-threatening situation” (National Domestic Violence Hotline). Put that line in the script word for word, so nobody has to improvise it.

What do you say to a spouse who was served this week?

“Thanks for calling [Firm], this is Dana. Is now a safe time to talk? If we get cut off, can I call or text you back at this number?”

“I’m sorry. Being served is a lot to take in. A few quick questions first, so [Attorney] can look at this before your consult. What is your spouse’s full name?”

“Is there a date on the papers you received, like a hearing date or a deadline to respond?”

“Thank you. [Attorney] will go over what those dates mean at your consult. I have Thursday at 11 or Friday at 2. Which works better?”

Intake gathers facts, and only the attorney gives advice

Intake staff explain the process, collect facts and book the consult. They don’t give legal advice, set the fee or accept the case.

The ABA’s model guidelines name three things a lawyer “may not delegate to a paralegal” (ABA Standing Committee on Paralegals). They are responsibility for “establishing an attorney-client relationship,” for “establishing the amount of a fee to be charged for a legal service” and for “a legal opinion rendered to a client.”

Callers ask advice questions anyway. Give intake a line for each:

• “Am I going to jail?” “That’s the right question for [Attorney], and it depends on details only the attorney can weigh. Let’s get you on the calendar.”
• “Can I keep the kids?” “I can’t answer that, and I don’t want to guess. [Attorney] will go through it with you at the consult.”
• “What should I do before then?” “I’ll ask [Attorney] to cover that first. If something is due before your consult, tell me now and I’ll flag it.”

If an AI receptionist answers after-hours calls, give it the same limits in writing.

Answer price questions with numbers the attorney approved

Give callers the fee information the attorney has approved: the consult fee, how fees work for their kind of case and whether payment plans exist. In the Clio study, only 41% of firms that answered the phone gave out rate information, and 12% offered cost estimates (ABA Journal).

Two rules shape the script:

• Explain how the fee works. ABA Model Rule 1.5(b) requires telling the client “the basis or rate of the fee and expenses,” preferably in writing (ABA Model Rule 1.5). Intake explains the structure, and the attorney sets the fee for this case.
• No contingent fees in criminal defense or on divorce and support results. Rule 1.5(d) bars “a contingent fee for representing a defendant in a criminal case.” It also bars domestic relations fees contingent “upon the securing of a divorce or upon the amount of alimony or support” (ABA Model Rule 1.5). “No fee unless we win” doesn’t belong in these scripts.

What should intake say when a caller asks the price?

“Good question. The consult is [fee, or no charge] and takes about [length]. For [case type], [Attorney] usually charges a flat fee, and many cases fall between [range the attorney approved]. [Attorney] will give you the exact fee for your case at the consult, and we offer [payment plan details].”

How should intake answer “I’m calling around”?

“That makes sense. You should feel good about who you hire. What matters most to you in choosing a lawyer?”

(Listen, and answer what you can.)

“A consult with [Attorney] covers [what the consult covers]. I can hold a time for you now, and you can cancel if you decide to go another way. I have Tuesday at 10 or Wednesday at 3.”

Our take: a caller who is shopping and hears a clear range plus a held time has a reason to stay. A caller who hears “the attorney will discuss fees” has a reason to call the next firm.

Book the consultation before the call ends

End every qualified call with a time on the calendar. Offer two specific times, confirm the format (office, phone or video), say what to bring and send a written confirmation before you hang up. In the Clio study, only 36% of firms that answered took callers through what their next steps might look like (ABA Journal).

In our read, the gap is often about process. When intake’s job ends at “the attorney will call you back,” fewer callers leave the first call with a time.

How do you close the call with a booked time?

“[Attorney] can meet with you Tuesday at 10 a.m. or Wednesday at 3 p.m. Which is better?”

“You’re set for Tuesday at 10 by video. I’m texting you the link now, with a short list of what to bring: any papers from the court or police, and the names we talked about. If anything changes, call this number and ask for me.”

If you can’t tell how many of your calls end with a booked consult, a Law Firm Growth Evaluation looks at your marketing, intake and budget with you in 45 minutes.

Follow up with callers who don’t book

Follow up on a schedule, by the channel the caller allowed, and stop when they say no. A caller who didn’t book hasn’t said no yet.

A comment to California’s Rule 7.3 says a lawyer’s communication isn’t a solicitation “if it is in response to a request for information” (State Bar of California). Check your state’s version, and ask permission before you text.

Our default cadence, which you can adjust:

The 15-minute and next-morning windows are the callback targets we use. For family law callers, keep what the case is about out of any voicemail or text.

What should a follow-up voicemail say?

“Hi [name], this is Dana from [Firm], returning your call from this morning. [Attorney] has openings Tuesday at 10 and Wednesday at 3. Call or text this number, and I’ll hold one for you.”

On day 7, send two lines: the request is closed for now, and they can call or text anytime. Our lead management guide covers tracking each caller to a retained client, and email marketing for criminal lawyers covers follow-up email to prospects.

Case qualification checklist for intake

Use the same checklist on every call, so the attorney sees the same facts each time. Put the checks that can end the call first, so nobody spends 20 minutes on a case the firm won’t take.

Save the answers as the intake note the attorney reads before the consult, so nobody asks the caller the same questions twice.

What should a law firm intake form ask?

Your website form and chat should ask the same things in fewer fields: contact information, whether it’s safe to call or text, the case type, the county, any court date and the names for the conflict check. Leave the story out.

Put a short notice above the form, written by the attorney. Under the ABA’s comment on Rule 1.18, a consultation is likely if a lawyer’s advertising “specifically requests or invites the submission of information about a potential representation” without “clear and reasonably understandable warnings” and someone responds.

How do you decline a case kindly?

When checks 1 to 3 fail, decline plainly. Our take: confirm it in a short email the attorney has approved.

“Thank you for explaining that. [Firm] can’t take this case because [it’s outside the counties we cover]. I don’t want you to lose time, so here are two places to call: [referral options]. I’ll also email you to confirm that we aren’t representing you. Please talk with another lawyer soon, because legal deadlines may apply.”

Review a few calls each week so every caller gets helped

Each week, listen to a handful of new-caller calls as a team and change the script where callers got stuck. Role-play a new script with the attorney as the caller before it goes live. Keep the review about the script, not about grading a person.

For firms we work with that have call notes, a weekly “Phone intake” card in our client portal counts new callers who reached voicemail or didn’t get a callback. It suggests up to three fixes from a fixed list, such as “Offer a consultation before the call ends,” and shows counts only, never transcripts, caller names or phone numbers.

Use this scorecard when your team listens to calls together. The weights are ours, not an industry standard.

A call under 60 points is worth a closer listen. Week to week, watch calls answered live, consults booked on the first call, consults held and cases signed. Our law firm dashboard follows leads through consults to signed cases, and our criminal defense marketing guide shows where intake sits between the ad and the signed case.

Frequently asked questions about law firm intake

What does intake staff do at a law firm?

Intake staff handle the six steps above: greet, check conflicts, qualify, give approved fee information, book and follow up. In a small firm, that may be a receptionist, a paralegal or the attorney.

Can an AI receptionist handle law firm intake?

It can answer, collect names and book times within limits the attorney sets. Our take: hold it to the same script as staff, with names before the story, no legal advice and a hand-off to a person when a caller is in danger or court is close.

Should intake ask how the caller heard about the firm?

Yes, near the end of the call, after the consult is booked. The answer shows which marketing brings in cases. Our AI PPC management post shows how we connect signed cases back to the ads that produced them.

Write the script down and test it on real calls

A law firm intake script gives every caller the same start: a person who answers, a conflict check, the right questions, a straight answer on fees and a booked time. Write one page per case type with your attorney, and change it when real calls show where callers get stuck.

Sources

1. ABA Journal, “With lawyers being less responsive to clients, Clio unveils new AI-productivity aid to help” (October 7, 2024), https://abajournal.com/news/article/with-lawyers-being-less-responsive-to-clients-clio-unveils-new-ai-productivity-aide-to-help, checked October 21, 2026.
2. American Bar Association, “Rule 1.18: Duties to Prospective Client,” https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_18_duties_of_prospective_client/, checked October 21, 2026.
3. American Bar Association, “Rule 1.18 Duties To Prospective Client: Comment,” https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_18_duties_of_prospective_client/comment_on_rule_1_18_duties_of_prospective_client/, checked October 21, 2026.
4. American Bar Association, “Rule 1.7 Conflict of Interest: Current Clients: Comment,” https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients/comment_on_rule_1_7/, checked October 21, 2026.
5. Federal Bureau of Prisons, “Community Ties” (Stay in touch), https://www.bop.gov/inmates/communications.jsp, checked October 21, 2026.
6. American Bar Association, “Rule 1.8: Current Clients: Specific Rules,” https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_8_current_clients_specific_rules/, checked October 21, 2026.
7. National Domestic Violence Hotline, “Domestic Violence Support,” https://www.thehotline.org/, checked October 21, 2026.
8. American Bar Association Standing Committee on Paralegals, “ABA Model Guidelines for the Utilization of Paralegal Services” (2018), https://www.americanbar.org/content/dam/aba/administrative/paralegals/ls_prlgs_modelguidelines.pdf, checked October 21, 2026.
9. American Bar Association, “Rule 1.5: Fees,” https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/, checked October 21, 2026.
10. The State Bar of California, “Chapter 7. Information About Legal Services” (Rule 7.3, Comment [1]), https://www.calbar.ca.gov/legal-professionals/rules/rules-professional-conduct/current-rules-professional-conduct/chapter-7-information-about-legal-services, checked October 21, 2026.

Header image: AI-generated image.