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Taking over a file someone else started is one of the more common and underestimated challenges in a small firm. The matter exists. Work has been done. But it was done by someone who is no longer there, or no longer on this file, and the record they left behind tells only part of the story. Getting up to speed without letting anything fall through takes a disciplined approach in the first week.
This is the checklist I would run on any inherited file, in roughly the order I would run it.
Before you touch the work, understand the record
The first step is not to start lawyering. It is to read everything and make a list of what is missing. An inherited file almost always has gaps, not because the previous lawyer was careless, but because some things lived in their head and never made it to paper. Your job in the first day or two is to find those gaps before they matter.
- Read the retainer and engagement letter. Confirm the scope of what the firm agreed to do. Sometimes it is narrower than the file suggests. Sometimes the client's expectations have grown past what was agreed, which is a conversation you need to have early.
- Find the conflict check. Verify it was run and documented. If it was not, run it now before you go further. A gap in the conflict record is your problem the moment you touch the file.
- Locate every deadline and limitation period. Check the file, the calendar, and any email threads. If you find a limitation date that is not yet in the system, enter it immediately and confirm it with a second source before you rely on it.
- Identify the matter number and billing status. Is time being tracked? Are disbursements entered? Is there an outstanding invoice the client has not paid? The billing picture tells you a great deal about the health of the file.
Tip. If the previous lawyer is reachable, a thirty-minute call to walk through the file is worth more than a full day of reading. Ask them directly: what is the biggest open issue, what does the client worry about most, and is there anything the file does not show?
Review the contacts and parties carefully
Inherited files often have contact records that were entered in a hurry or are slightly wrong. A wrong phone number for opposing counsel, an outdated address for the client, a missing party who was added to the matter verbally but never entered. Check the contacts and parties list against the actual documents on file before you send anything or call anyone.
This step also surfaces any potential issues with the client relationship. If you notice the client has a different address than what is in the matter record, or a different surname on the court documents than in the system, those discrepancies deserve attention before they become problems.
Assess what has and has not been done
Areas to assess on an inherited file
Contact the client promptly
The client knows the file has changed hands, or they are about to find out. Either way, a brief introduction from you is far better than silence. You do not need to have read every document before you call. You need to introduce yourself, confirm you are now responsible for the file, and tell them when you will have a fuller update.
Do not promise things you have not yet verified. "I will have a clear picture of where things stand by Thursday and I will call you then" is exactly right. Clients are far more tolerant of transition than most lawyers expect. What they cannot tolerate is feeling like nobody is minding their file.
Note. Write a note in the matter record immediately after that first call: what you said, what the client said, and when you committed to following up. This becomes your record of what was communicated and when.
Check for undertakings and open obligations
Undertakings are particularly dangerous on inherited files. They are often given verbally or by email and may not be entered in the matter record at all. Read through the correspondence carefully. Look for language like "we will provide," "we undertake to," "I confirm we will." Each one is a legal obligation that is now yours to fulfil or, if it cannot be fulfilled, to address with opposing counsel directly.
Open correspondence with the court is equally important. Are there outstanding requests? Is there a motion pending that has a response deadline? Is there anything the previous lawyer was in the middle of that requires continuity from you?
Update the file record before you do anything else
Once you have read and assessed, update the matter record to reflect what you found. Missing dates added, contacts corrected, billing gaps flagged. The conflict check documented if it was missing. The file should be clean before you start new work on it, because any disorganization you inherit and carry forward doubles in cost over time.
A well-run kickoff on a new file prevents most of these issues. For guidance on doing that consistently, the post on a new matter kickoff your whole team follows covers the full sequence. And if you are doing this assessment for the first time and feeling uncertain about where to start, the matter intake checklist gives you a useful framework to adapt to the inherited-file context.
Set your own baseline and move forward
Once the record is complete, the file is yours. It does not matter what the previous state was. What matters is the state you leave it in from this point. Give the client a clear summary of where things stand and what the next steps are. Enter a task for your own regular file review so this matter stays on your radar. And if you notice structural problems in how the file was opened, that feedback is worth sharing with whoever manages your firm's standard processes so the next inherited file is a cleaner hand-off.
The full Practice Management section has more on keeping files in good shape throughout their life, not just at opening and closing. If you want a system that keeps inherited files visible and organized from day one, take a look at A1 CMS pricing to see what fits your firm size.
