What to discuss at the first meeting
Explain the incident and who is coordinating the response. Legal advice should be aligned with containment, investigation and evidence preservation without assuming every incident triggers the same obligations.
Use the OAIC’s breach guidance and obtain advice about actual notification obligations before making assumptions.
How the engagement may progress
Explain the transaction, amount involved, parties and desired result. Provide the current agreement and relevant entity or trust details.
Ask which risks need legal, accounting, tax or technical advice. Identify essential terms and those you are willing to negotiate.
Agree who negotiates, approves documents and tracks continuing obligations. Clarify whether post-completion advice is included.
Fees and the scope of work
Request a defined scope or staged budget with assumptions about document review and negotiation rounds. Personal guarantees, tax and related disputes may need separate work.
Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.
Dates to raise at first contact
Highlight signing dates, finance conditions and demands. Raise an inability to meet debts immediately so appropriate advice can be identified before further commitments.
Questions to ask a cyber incidents & data breach response adviser
- What legal assessments are needed urgently?
- How will technical, insurer and communications work be coordinated?
- Who is your client: the business or me personally?