How Law Firms Should Respond to an Enquiry From Someone Already Represented by Another Firm

13 October 2026·5 min read

Quick answer: If someone contacts your firm while they're already represented by another lawyer on the same matter, your intake team's job is to listen, stay neutral about the other firm, and get a senior lawyer to make the call on what happens next — not to promise representation on the spot. Handle it warmly but carefully, because how you respond here says a lot about your firm's professionalism, even to people who end up staying exactly where they are. ✨

Please note: general information, not legal advice — check current official guidance before relying on it.

Every law firm's intake line eventually gets this call: someone already has a lawyer, but they're ringing another firm anyway, because they're unhappy, confused, or just want a second set of eyes. It's an awkward moment, and we've watched good firms fumble it by either charging ahead like it's any other enquiry, or shutting the caller down so firmly it reads as rude. Handled with a bit of 💖 and a clear internal process, this conversation protects your firm's reputation and keeps your options open, whether or not you ever act for that person.

What most firms get wrong

The most common mistake isn't a bad decision — it's no decision at all, left to whoever happens to pick up the phone. Reception and intake staff are rarely told what they can and can't say when a caller mentions they already have representation, so they improvise. Some over-promise before anyone senior has even heard the enquiry. Others give a blunt "we can't talk to you" that sounds more like a technicality than genuine care. Neither reflects the judgement this situation needs, and neither gets escalated quickly enough to the person who should decide: a senior lawyer who understands both the professional obligations at play and the reputational stakes of getting it wrong.

The "Already-Represented Caller" Intake Script

Build this into your intake procedures and adapt the wording to your firm's tone:

Acknowledge, don't diagnose: "Thanks for calling — before we go further, can I just ask whether you currently have a lawyer acting for you on this matter?"
If yes, stay neutral: "No problem at all. I'll pass your details straight to [senior lawyer/practice manager] so they can call you back personally — they handle these enquiries directly."
Don't advise, don't promise: Never say "we can definitely take this on," and never comment on how the other firm is handling the matter, positively or negatively.
Capture facts, not opinions: Name, matter type, who currently acts for them, and the general reason they're calling — and leave it there.
Set a real timeframe: "Someone will call you back within [X] business hours" — then make sure that happens.
Escalate immediately: This call goes straight to a lawyer, never a general enquiry queue.

A commercial litigation firm: A director mid-dispute calls because updates from their current firm have slowed to a trickle and they're nervous about a looming deadline. Intake doesn't speculate on why the other firm is quiet — they log the matter type and urgency, flag the deadline clearly, and get a partner to call back within hours rather than days, because timing genuinely matters in litigation.

A family law firm: Someone rings mid-parenting-matter wanting a "second opinion" but is clearly still engaged elsewhere. Reception keeps the call short and kind, avoids any language that sounds like "we'd do better than your current lawyer," and routes it to the family law partner, who decides whether a paid second-opinion consult is appropriate before anything else is discussed.

A wills and estates firm: A beneficiary contesting an estate, already represented, calls around looking for an alternative. The intake team notes it factually, resists reacting to the emotional details shared on the call, and lets the principal decide whether taking an initial call is appropriate given who else is involved.

How to build this into your firm's systems

This only works consistently if it's a system, not a judgement call left to whoever's on reception that day. Train every client-facing staff member on the script above, including anyone answering an after-hours enquiry form. Tag these enquiries distinctly in your CRM so they're never auto-assigned like a standard lead, and decide in advance which role makes the callback for each practice area, so there's no delay while someone works out whose job it is. Build in a short follow-up even when the firm decides not to proceed, so the caller isn't left wondering if their message went nowhere.

💡 Keep a one-line internal log of every one of these calls. Over a year it tells you a lot — which practice areas attract the most "second opinion" callers, how quickly your firm actually responds, and whether the script is being followed at all.

Mistakes to avoid

Letting junior reception staff improvise a response instead of following a set script
Criticising or speculating about the other firm's conduct, even if the caller invites it
Promising a specific outcome, fee, or timeframe before a lawyer has spoken with them
Treating every such caller as a hot lead to be closed quickly, rather than a situation needing care
Failing to follow up at all once a decision is made not to proceed

Frequently asked questions

Should we still try to win the work from a caller who's already represented elsewhere?

Sometimes — that's a genuine judgement call for your principal or partner, not your marketing team or front desk. What matters is the decision is made deliberately, by someone senior, rather than by default.

What if the caller is clearly unhappy and wants to switch firms today?

Keep the same process regardless of urgency. A warm, prompt callback from a senior lawyer still happens within hours — it just goes through the proper channel instead of being promised on the spot by reception.

Doesn't being this cautious cost us the lead?

Sometimes, yes — a caller in a hurry may go with whoever responds fastest. That's a real trade-off, and most firms decide it's worth it: mishandling an already-represented caller carries bigger professional and reputational risk than the occasional lost lead.

Should this process look the same across every practice area?

The structure stays the same, but the escalation contact usually won't — a family law enquiry should reach your family law partner, not whoever's most senior in the building that day.

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Written by

Kate, founder of Chronically Online

I help Gold Coast and Brisbane businesses grow with branding, websites and marketing that actually works.

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