Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved The Client Interview Chapter 3

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Initial Screening Process initial client intake form conflicts check any legal documents the attorney needs to see? – remind the client to bring them Typical in-take procedures for the paralegal: – Gather basic biographical information – Schedule and docket an appointment with the attorney – Inform the client of time limits, fees associated – Provide travel & parking instructions

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved The Initial Client Interview Serves several purposes: – opportunity to meet – attorney may give some preliminary legal advice – client meets the firm’s support staff – attorney establishes a relationship of trust with client The attorney will also probably discuss: – Fees & payment plans – The parameters of representation – client’s needs & expectations & if the firm is a “good fit” attorney gets enough info to begin representation

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Emotional Aspects of Divorce Law office personnel, especially paralegals, who may provide the most direct client contact, need to understand the emotional issues inherent in a divorce action. Paralegals should be professional and limit the emotional support they offer clients. It is not the function of the law office to provide therapeutic services to clients.

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Developing a Relationship Competent paralegals create an atmosphere of trust & confidence – Assuring clients of the confidentiality of sensitive information – Promptly returning phone calls – Following through on promises – Taking good notes – Keeping track of tasks to be accomplished – Helping to keep attorneys on track of tasks

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Good Listening Skills Good interviews depend upon good listening as much as good questions. Good listening skills include: – Active, attentive listening – Refraining from judging your clients – Being aware of body language – Providing feedback – Acknowledging your client’s emotional needs

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Preinterview Preparations Creating a comfortable atmosphere for the interview can help put the client at ease: – Private – Neat – No other client information visible (confidentiality) – Perhaps beverages, tissues, mints, etc. You will need to come equipped: – In-take forms – Pad & pen for notes – Prepared documents, such as releases

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved The Client Interview Begin with introduction Point out that you will be taking notes Tape recording is usually not recommended. Begin with an open-ended (narrative) question Pin-point specific issues requiring additional focus Eventually move to the pre-printed form to be sure your information is complete

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved The Client Interview, cont. Be sure to end the interview with a review of your checklist: – All papers copied for the file – All necessary signatures obtained – You’ve answered the basic questions: where, when, who, what, why & how – You’ve scheduled the next meeting

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved The Client Interview, cont. The clients are also aware of what is expected of them: – What documents to obtain – Any other tasks to perform – Do they have any questions? – Do they need to confirm the next appointment? – Do they have a general idea of the timeline in their case?

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Support Service Referrals Requires sensitivity, diplomacy Prepare a list of resources for clients who wish to seek outside help for themselves or their children: Keep information (cards, brochures, etc.) handy: – Agency name, address, phone number – Name of contact person – Type of service provided, dates, times, cost Determine whether the client has access to: – Employee assistance programs (EAPs) – Health insurance covered services – Religious institutions

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Interview Fundamentals assurance all communications to any law office personnel are confidential. client must be encouraged to disclose all info gather information concerning: – The cause of the marital break-up – The extent of the marital estate – Whether there is a domestic violence issue – The number and ages of children The paralegal may then move to preprinted forms.

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Typical Preprinted Intake Forms Client Intake form – Initial Telephone Interview/Family Matters Client Intake Form – Initial Interview/Family Matters Financial Worksheet Information Release Authorizations Medical Information Release Authorizations Retainer for Representation Agreements

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Preprinted Intake Forms Typical information: – Name – Current address, previous addresses – Telephone numbers (home, work, cell, etc.) – Residency or domicile information for establishing jurisdiction – Social security numbers of client, spouse & children – Military service of client & spouse

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Preprinted Intake Forms, cont. Past & present employers of client & spouse Date & place of marriage Education, race & age City, state or federal social service assistance Date of separation Cause of breakdown of the marriage

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Preprinted Intake Forms, cont. Possibility of reconciliation, history of past reconciliations Children, client’s & spouse’s, from this or previous relationships Previous marriages of client and spouse Existence of prenuptial agreement Has the client ever filed for divorce before in this marriage?

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Preprinted Intake Forms, cont. Disabilities/illness of client, children or spouse Some office information: – Date of interview – Name of the interviewer – Source of the referral – Fee information – Documents received – Type of relief sought, including a name change

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Representing the Defendant Spouse Be sure the client has collected all papers received, and check the dates of receipt. Immediately begin a conflicts check. As soon as the paperwork is brought in, copy them. Check the validity of the service. Review all documents with the client.

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved Releases In order to obtain the necessary information, paralegals need to have the client sign a variety of preprinted releases. – Doctors, therapists (client & children) – Children’s educational records – Client’s accountant – Client’s employer – Hospitals or treatment center (client & children)

Luppino and Miller: Family Law and Practice: The Paralegal's Guide, 2 nd ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved The Retainer or Representation Letter Either party can determine it isn’t a “good fit”, but if neither party has reservations, the office will prepare a retainer letter for the client to sign – Firm has the requisite expertise – Client has the means to pay written contract, signed by both parties, stating services provided & fee arrangements: – Flat or fixed fee – Hourly fees – Typical expenses