1. Handling the P.I. Case Attorney’s Role

2. The P.I. Case No “cappers” or “ambulance chasing” The initial interview Determine factual basis for cause of action Not always possible Names/info re witnesses Insurance information (P and D) Injury information Retainer Agreement/Letter Must be in writing Set out scope of representation Establish attorney fees Establish liability for costs Written summary of interview

3. The P.I. Case cont. Completing the initial interview Advice/information to client Calendaring (tickling) for SOL and other dates Letter to D’s insurance (or to D if insurance unknown) If D has no insurance, then verify U.M. coverage Investigation Sometimes private investigators Obtain copies of police reports Interview witnesses Locate other witnesses? Relevant photographs Google searches? (i.e. NTSB/NHTSB)

4. The P.I. Case cont. When medical treatment ends, settlement negotiations Demand letter Informal face to face negotiation Settlement Compromise and Release (C and R) Settlement check Trust account issues Disbursement: Liens, attorney fees and costs, client

5. Issues with a Minor Plaintiff Court approval required for Attorney fees (generally limited) Settlement (Minor’s Compromise) Judicial Council Form Often court hearing required

6. Litigation File/present all claims File Complaint Optional Judicial Council Forms Auto Accidents, Product Liability, Premises Liability, General Negligence County where accident happened or defendant resides Prayer Issues with a Minor Plaintiff: Petition for Guardian ad Litem Have Summons Issued

7. Service Personal Substituted Acknowledgement and Waiver Publication Out of State

8. Responsive Pleadings Answer Optional Judicial Council Form Demurrer Motions Time for Response

9. Discovery: CCP 2016 et seq. Interrogatories: Judicial Council Form Demand for Production/Inspection Depositions Party or Non Party Records Demand for Medical Exam Request for Admissions: Judicial Council Form Exchange of Expert Information

10. Discovery—Limited Jurisdiction CCP §94 Combination of 35 Interrogatories, Demands to Produce and Admissions One deposition Med Exam and Expert Disclosure Case Questionnaire Request for Statement Identifying Witnesses and Evidence

11. Pre Trial Proceedings Alternative Dispute Resolution (Arbitration, Mediation, UNE etc.) Case Management Conferences Settlement Conferences CCP 998 Offers

12. Pre trial motions Summary Judgment Motion (CCP 437c) Common defense motion “plaintiff can’t prove case”

13. Trial Procedures Trial Notebook Prepare proposed jury instructions (CACI—www.courts.ca.gov) Subpoena witnesses Subpoena documents Notify Experts

14. Post Trial Procedures Motions New Trial; Judgment N.O.V.; Additur, Remittitur Collection Appeal

15. Litigation Alternatives Binding Arbitration U.M. Agreement Many medical practitioners include in forms American Arbitration Association

16. http://resources.lawinfo.com/en/Videos /index.html