| name | viability-conflict-check-report |
| title | Case Viability & Conflict Check Report |
| description | Drafts a pre-filing litigation intake memo combining conflict screening, legal/procedural viability, and economic triage for an accept-or-decline decision. Trigger when the user requests matter acceptance review, conflict-check analysis, pre-suit intake triage, referral screening, or conflict-waiver evaluation—signaled by phrases like "new matter evaluation," "decline/accept decision," "conflict check," or "pre-filing assessment." |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/viability-conflict-check-report |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
| tags | ["analysis","memo"] |
Case Viability & Conflict Check Report
Internal memorandum for partner-level approval before firm engagement on a prospective US litigation matter.
Required Inputs
- Intake summary: alleged facts, dates, parties, claims, claimed damages
- Conflict database / firm client-matter records access
- Supporting documents (complaint drafts, police reports, medical records, contracts, correspondence)
- Proposed jurisdiction and forum
- Contemplated fee model (contingency / hourly / flat / hybrid)
- Firm policy thresholds: minimum merit, minimum projected value, conflict tolerance
Workflow
Step 1 — Evidence Intake
| Field | Extract | Verification |
|---|
| Matter identity | Client name/aliases, adverse parties, incident date, filing target | Source-document confirmation |
| Liability facts | Key elements tied to each alleged claim | Flag unsupported or self-serving allegations |
| Exposure facts | Medical/economic loss, property damage, lost income | Distinguish disclosed vs. inferred amounts |
| Timeline risks | Accrual date, notice period, SOL clock | Compute deadline with uncertainty notes |
| Internal touchpoints | Prior/current relationships with parties or subject matter | Confirm via conflict database |
Step 2 — Conflict Analysis
Run full conflict query across current clients, former clients, pending matters, and anticipated adverse interests.
Classify each hit:
- Direct current-client conflict
- Former-client duty conflict
- Positional inconsistency
- Imputed conflict
- Prospective-client issue
Assess each as: non-waivable barrier · waivable with informed written consent · no impediment.
Baseline framework: Model Rules 1.7, 1.9, 1.10, 1.18. Note governing-jurisdiction equivalents. [VERIFY]
Step 3 — Legal / Procedural Viability
For each cause of action, map strengths, weaknesses, likely defenses, and evidence gaps.
Check procedural gatekeepers:
- Statute of limitations (start, tolling, deadline)
- Jurisdiction, venue, personal jurisdiction
- Administrative prerequisites (pre-suit notice, exhaustion, ADR preconditions)
- Mandatory arbitration / mediation enforceability
