Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Interviewing & Investigation LAW-123 Preparing for an Initial Client Interview

Pre-litigation Events Accident, breach of contract or other incident(s) – may be one event or series of events over days, weeks, months or years. Accident, breach of contract or other incident(s) – may be one event or series of events over days, weeks, months or years. Party consults with attorney – initial client interview; review facts, documents, etc.; signing of retainer agreement; evaluate deadlines such as statute of limitations. Party consults with attorney – initial client interview; review facts, documents, etc.; signing of retainer agreement; evaluate deadlines such as statute of limitations. Informal investigation and/or settlement negotiations prior to lawsuit; note that investigation and negotiation can happen at any time during lawsuit. Informal investigation and/or settlement negotiations prior to lawsuit; note that investigation and negotiation can happen at any time during lawsuit. Filing of complaint. Filing of complaint.

Purposes of Initial Client Interviews The attorney has to learn enough to make a decision about whether the prospective client needs an attorney and, if so, whether the attorney can represent this person and whether the attorney wants to do so. The attorney has to learn enough to make a decision about whether the prospective client needs an attorney and, if so, whether the attorney can represent this person and whether the attorney wants to do so. The prospective client must have the chance to evaluate the attorney to decide whether to hire him/her. The prospective client must have the chance to evaluate the attorney to decide whether to hire him/her. The client and the attorney must reach a clear decision about their relationship, if any, going forward. The client and the attorney must reach a clear decision about their relationship, if any, going forward.

All of these purposes depend upon effective communication, and there are techniques that can be learned to promote that.

Basic Techniques Establish a comfortable rapport Establish a comfortable rapport Ice-breaking Ice-breaking Roadmap Roadmap Discussion of confidentiality Discussion of confidentiality Learn about the client’s relevant problems Learn about the client’s relevant problems Open-ended questions Open-ended questions Active listening Active listening Reflective summaries Reflective summaries Prompting Prompting Eventual probing Eventual probing

More techniques Learn about client’s priorities and objectives Learn about client’s priorities and objectives Patience Patience Actual Listening Actual Listening Open-mindedness: not your objectives Open-mindedness: not your objectives Sketching an array of possible options Sketching an array of possible options Show how professional assistance may be helpful Show how professional assistance may be helpful Demonstrate competence and sensitivity to client’s objectives Demonstrate competence and sensitivity to client’s objectives

More The attorney must help the client make a well-informed decision about whether to hire him/her and reach a clear understanding of the terms of the relationship. The attorney must help the client make a well-informed decision about whether to hire him/her and reach a clear understanding of the terms of the relationship. The attorney and client must agree on an effective action plan. The attorney and client must agree on an effective action plan. What is the attorney to do? What is the attorney to do? What is the client to do? What is the client to do? When will they next be in touch? When will they next be in touch?

Step One: Prospective client contacts attorney seeking legal assistance. Step One: Prospective client contacts attorney seeking legal assistance. Initial Contact

Step Two: Attorney assigns paralegal to schedule and conduct initial client interview. Step Two: Attorney assigns paralegal to schedule and conduct initial client interview. Step Three: Paralegal prepares for and conducts scheduling call. Step Three: Paralegal prepares for and conducts scheduling call. Next Steps

The Scheduling Call 1. Check all participants’ schedules before you call. 2. Have several dates and times in mind before you call. 3. Allow for plenty of time for the interview. 4. Make sure the interview room is available.

The Scheduling Call 5. Consider what the client needs to bring to the interview: 6. Identify yourself as a paralegal when you call. 7. Cover all necessary details in the scheduling call.  Court papers  Accident reports  Medical records  Bills  Insurance policies  Car titles  Contracts

The Scheduling Call 8. Take comprehensive notes during the scheduling call. 9. Follow-up:  Confirm reservation of the interview room  Notify all participants of the date and time of the interview  Enter the date and time of the interview in the office scheduling system  Run a conflict of interest check  Prepare a memorandum to the attorney summarizing the client contact  Prepare a confirmation letter to the prospective client  Prepare a work file for your own use

Confirmation Letter to Client

Preparation of Forms There are several types of forms that are used in connection with initial client interviews: There are several types of forms that are used in connection with initial client interviews: New Client Information Sheet – includes items such as client name and contact information, identification of adverse parties and witnesses, general facts regarding the incident giving rise to the client’s problem, and personal information regarding the client’s damages and/or injuries. New Client Information Sheet – includes items such as client name and contact information, identification of adverse parties and witnesses, general facts regarding the incident giving rise to the client’s problem, and personal information regarding the client’s damages and/or injuries.

Preparation of Forms Alternatively, you may consider filling out the forms yourself for the client based on the information developed during the interview (preferably after and not during the interview) Alternatively, you may consider filling out the forms yourself for the client based on the information developed during the interview (preferably after and not during the interview) If you do so however, make sure to have the client confirm the information that you enter on the forms. If you do so however, make sure to have the client confirm the information that you enter on the forms.

Preparation of Forms Medical Questionnaire Form – includes more detailed information regarding the client’s injuries, physicians, treatments, expenses, etc. Medical Questionnaire Form – includes more detailed information regarding the client’s injuries, physicians, treatments, expenses, etc. Employment Records Authorization Form – authorizes the attorney to obtain employment records directly from the client’s employer. Employment Records Authorization Form – authorizes the attorney to obtain employment records directly from the client’s employer. Medical Records Authorization Form – authorizes the attorney to obtain medical records directly from the client’s physician(s). Medical Records Authorization Form – authorizes the attorney to obtain medical records directly from the client’s physician(s). Educational Records Authorization Form – authorizes the attorney to obtain educational records from the client’s schools or institutions Educational Records Authorization Form – authorizes the attorney to obtain educational records from the client’s schools or institutions

Preparation of Forms Forms are most useful in simple cases, primarily personal injury and product liability cases. Forms are most useful in simple cases, primarily personal injury and product liability cases. Alternatively (e.g., in commercial litigation), the client may be requested to prepare a narrative setting forth the facts of the incident giving rise to the client’s problem. In such cases, the client should be provided an outline covering the following major headings: Alternatively (e.g., in commercial litigation), the client may be requested to prepare a narrative setting forth the facts of the incident giving rise to the client’s problem. In such cases, the client should be provided an outline covering the following major headings: Factual background (chronological) Factual background (chronological) Injuries Injuries Damages Damages Liability exposure Liability exposure Relief sought Relief sought

Preparation of Forms Before asking the client to fill out numerous forms or preparing a narrative, some thought needs to be given to the effect such requests may have on the client (remember the inhibitors). Before asking the client to fill out numerous forms or preparing a narrative, some thought needs to be given to the effect such requests may have on the client (remember the inhibitors). Although such requests might seem to minimize the time involved, they may actually have an adverse effect and inhibit the flow of communications. Although such requests might seem to minimize the time involved, they may actually have an adverse effect and inhibit the flow of communications.

End of Preparing for an Initial Client Interview End of Preparing for an Initial Client Interview