Deck 2: The Initial Interview

Question 1

Review the checklist of information to be given at the initial interview. Which three items do you think are most important? Explain.

Answer 1

This answer is subjective. Good class discussion question.

Question 2

How does one develop pertinent questions for an interview?

Answer 2

Develop open-ended questions that will encourage the client to respond, creating a narrative. Anticipate responses as questions are prepared for the interview.

Question 3

How can the paralegal play a key role in keeping the client informed of the status of the client's case?

Answer 3

With the attorney's permission, the paralegal can prepare letters and communicate with the client, both by telephone and electronically, in a timely manner.

Question 4

What is a disengagement letter and why is it important?

Question 5

What federal law governs a medical facility's release of a client's medical information to a paralegal?

Question 6

Review the interview forms in Exhibit 2.1 and Exhibit 2.2 and compile a list of the names, addresses, phone numbers, medical records, insurance information, and so on that you would like Ms. Forrester to bring to the interview. Make a copy of the list and place it in the systems folder. This list will be useful when you call or write the client and will serve as a checklist for future cases.

Question 7

What special ethical and tactical concerns must a paralegal be aware of when interviewing a client?

Question 8

What is a fee agreement and why do so many client v. attorney fee disputes occur? What is good practice regarding law office Web sites and fee agreements?

Question 9

How do you use "pace and lead" and other techniques to deal with a difficult client?

Question 10

What types of things should the client bring to the interview?

Question 11

List the interview tasks and the purposes of the tasks at the beginning of the interview section in your systems folder. Place a copy of the Interview Plan Checklist in your systems folder. Add to this section any forms, techniques, examples, or other material that you or your instructor deem useful.

Question 12

Review the Ameche case (Case II). Prepare at least five interview questions that will elicit specific details of this non-automobile accident.

Question 13

Identify and define the four legal elements that must be proved by the plaintiff in a negligence case.

Question 14

How should you summarize or evaluate an interview?

Question 15

What are some of the considerations for selecting a location for the interview? Why is scheduling a flexible time for the interview important?

Question 16

What are the eleven steps in the interview plan? Explain how each step is accomplished.

Question 17

Using the information following the sample interview form in the text, list the procedural stages for creating your own interview form and place it in your systems folder.

Question 18

For what reasons is the initial interview with the client important? What should be considered when screening a potential client?

Question 19

What is a statute of limitations? When should it be checked? When does a statute of limitations begin tolling in various circumstances?

Question 20

Identify the special needs one should anticipate in planning an interview.

Question 21

Your firm is handling a wrongful death case for the plaintiff. Since the deceased is not available to testify, how can you introduce the human factor into the case? Who would you interview and what information would you want to gather? What information would you gather in other ways?
Now assume you work for the defense. What information would you gather and how would you gather it?

Question 22

Explain how to develop an interview form.

Question 23

Review the interview forms, noting the type of information requested. Place a copy of these interview forms or similar forms into this section of your systems folder.

Question 24

Create ten questions probing the existence and nature of injuries suffered in an occurrence.

Question 25

Since the Forrester case involves patient medical information, review your state's (and federal) requirements for the release of medical records and other medical information and prepare the document for Mrs. Forrester's signature.

Question 26

Review all the steps necessary to prepare for and conduct an entire interview.

Question 27

Prepare a letter to Mrs. Forrester summarizing both the firm's and her responsibilities in the course of her representation. Remember to consider including information, such as who to contact if questions arise, the need for cooperation in gathering information for the case, and confirmation of best methods of contacting the client, for example. Be creative and locate sample letters from the Internet, law firms, and formbooks.

Question 28

Locate the common statutes of limitations through the index to your state's statutes. Compile a list of the statute numbers and time limits for cases involving personal injury, property damage, wrongful death, contracts (oral and written), and products liability.
a. Personal injury years
statute number _.
b. Property damage years
statute number _.
c. Wrongful death years
statute number _.
d. Contracts
oral years
statute number _.
written years
statute number _.
e. Products liability
years statute number _.
years statute number _.

Question 29

Restate as many of the interview techniques as you can.

Question 30

In the "Information to Be Given to the Client" checklist, which suggestions, if not followed, may adversely affect the client's case?

Question 31

Test your research skills and learn about your state law by researching the terms negligence, contributory negligence, and comparative negligence in your state's jury instruction book, statutes, or digest. For additional understanding of these concepts, look in a legal encyclopedia, Am Jur's Proof of Facts, or other national reference sources. Note what must be proved. research may be conducted electronically or through books.

Question 32

Mrs. Forrester has decided to hire your law firm to represent her in the personal injury lawsuit she intends to filed against Richard Hart and Mercury Parcel Service, Inc. Your attorney has asked you to prepare the fee agreement between the firm and Mrs. Forrester. Draft the document in accordance with the legal requirements in your jurisdiction.

Question 33

Your supervising attorney has asked you to develop a draft of a brochure for clients with information the client should receive at the initial interview. Include any additions to the brochure suggested by your instructor. Place the brochure in your systems folder.

Question 34

What is the doctrine of last clear chance? What is the assumption of risk? Give examples of each.

Question 35

Adapting the methods you have learned to a variety of circumstances is an important process and an invaluable ability in the law office. Test your understanding of the methodology described in step 2 of planning the interview by creating an interview form for a breach of implied warranty case. Assume that you are representing one of the defendants in the Forrester case. The theory is that the brakes of the van were defective and that is why the accident occurred. Research the legal requirements for a breach of warranty case and prepare the interview form.

Question 36

Why is planning an interview important?

Question 37

List those things to be considered in preparing the interview site.

Question 38

What is the difference between contributory negligence and comparative negligence? Which of these two doctrines is the rule of law in your state?

Question 39

Make the letter in Exhibit 2:3 into a form letter for your systems folder. Redraft the letter to suit your style and needs, leaving blank those areas of the letter that will contain the variable information (names, addresses, date, and so on) for each new client. Once your form is set up, it can be placed in your systems folder, requiring the entry of only the variable information for each repeated use. Throughout this training period, follow this form-making procedure for letters and other documents that will be used repeatedly from one case to the next.
Note: Keep track of your time by filling out the time log.

Question 40

What is the simple process for developing a form letter?

Question 41

Go to your local or state bar association Web sites and locate examples of a fee agreement based upon an hourly rate and a contingent fee agreement. If none are found, locate examples from neighboring states.

Question 42

Search for examples of checklist for a products liability case dealing with a faulty brake system on a truck or van. (This should be placed in your systems folder for future use in the discovery process.)

Question 43

List the pertinent ethical considerations for interviewing a client. Place them in your systems folder.

Question 44

Using the information following the sample interview form in the text, list the procedural stages for creating your own interview form and place it in your systems folder.

Question 45

It is better to do a conflict-of-interest check after the client interview rather than before it.

Question 46

Review the Ameche case (Case II). Prepare at least five interview questions that will elicit specific details of this non-automobile accident.

Question 47

A good interview form does all of the following except

A) includes questions on employment background.
B) gives you all the questions you will need.
C) saves preparation time.
D) requires specific information on damages.

Question 48

Because toys are a distraction, do not keep them in the room when interviewing children.

Question 49

Euphemisms are a good way to deal with sensitive issues in interviews.

Question 50

Review the Checklist of Information to Be Given at the Initial Interview. Which three items do you think are most important? Explain.

Question 51

One of the most common client complaints is, "My attorney never lets me know what is going on- and she (or he) is never available." Drawing from your text, in what specific ways can a paralegal assist the client in this regard?

Question 52

Pace and lead is a technique used to elicit information during the client interview.

Question 53

Develop your own checklist of the items you will need at the interview site. Such a checklist will be a quick reference for preparing your office or a conference room for the interview. Include the necessary forms and directions. Place this material in the systems folder.

Question 54

Prepare a list of the interview techniques in step 8 for your systems folder. Add any techniques suggested by your instructor.

Question 55

Read the fee agreements in Exhibit 2.4 and Exhibit 2.5. Briefly discuss the strengths and weaknesses of these agreements from the point of view of the firm, then from the point of view of the client.

Question 56

In the interview, encourage the client to give all information about the accident, even if it is not in the client's favor.

Question 57

Find examples on the Internet of client background information sheets and checklists.

Question 58

List the essential elements and defenses to a cause of action for breach of contract.

Question 59

Because each case is unique, interview form questions are not helpful.

Question 60

Individuals have a duty not to create an unreasonable risk of harm to others.

Question 61

What kinds of materials should the personal injury client bring to the interview?

Question 62

The interview summary is helpful for

A) publicizing the case.
B) quick review of facts.
C) evidence at trial.
D) keeping the client informed.

Question 63

What are the elements of negligence?

Question 64

Fee agreements

A) are never discussed by paralegals.
B) are set by paralegals.
C) are always based on billable hours.
D) require the client's signature.

Question 65

In order not to jeopardize their case, clients should not:

Question 66

What are some considerations in choosing an interview site?

Question 67

In concluding the interview, be sure to

A) have the client sign necessary documents.
B) have the client sign a statement.
C) avoid any conversation that is not pertinent to the case.
D) encourage the client to promote his or her side of the case among friends.

Question 68

A letter to a potential client making it absolutely clear that the firm is rejecting that person's representation is a letter.

A) deauthorization
B) CAFA
C) conflict
D) disengagement

Question 69

How do you generate interview questions for specific cases?

Question 70

Define substantive law and procedural law.

Question 71

Prominent signs declare a beach closed because of pollution. A swimmer who ignores the signs and later is hospitalized with an infection sues the owner of the beach. What defense does the owner have?

A) Breach of duty
B) Contributory negligence
C) Assumption of risk
D) Procedural law

Question 72

The best way to record a client interview is to

A) take notes.
B) tape record it.
C) have the client sign a written statement.
D) videotape it.

Question 73

Professional ethics require of the paralegal

A) your best legal advice to the client.
B) that you do not question the truth of what the client tells you.
C) confidentiality of client information.
D) no questions that would embarrass the client.

Question 74

The body language of a person may best be assessed to determine

A) whether the person is lying.
B)
B) that the person is confident.
C) how a jury will perceive the person.
D) a and

Question 75

How is the interview summary prepared?

Question 76

Is the client going to be the one who is suing or being sued in a contingent fee agreement? Explain.

Question 77

The initial client interview is significant for what three reasons?

Question 78

In what two ways is the statute of limitations significant to any given lawsuit?

Question 79

Which is the best interview question?

A) You stopped to look before you crossed the road, didn't you?
B) Why didn't you pay more attention to traffic?
C) Do you know what Statute CS §127 requires?
D) How long did it take you to cross the road?

Question 80

What forms authorize doctors or others holding confidential information to give that information to a lawyer or paralegal?

A) Docket control forms
B) Authorization forms
C) Request forms
D) Medical information forms