Chat with AIExam 2: The Initial Interview
Assumption of risk and last clear chance are elements of negligence.
(37) 
VerifiedFalse
In the "Information to Be Given to the Client" checklist, which suggestions, if not followed, may adversely affect the client's case?
(32) Verified1. The attorney is your legal advocate whose function is to assume responsibility for your case and represent you to the best of the attorney's ability.
2. The paralegal assists your attorney in handling your case, providing you with a more thorough preparation at a lower cost.
3. You will need to provide your attorney with all the information you can gather and recall about the incident, your injuries and losses, and any statements you have made to others.
4. It may be necessary to provide your attorney with intimate personal information. Expect that the information you give will be held in the strictest of confidence consistent with the highest standards of professional loyalty.
5. Refrain from making any statements to others about the incident or about your injuries or losses. Such statements may be used against you in court and could weaken your case. Refer any inquiries or requests to your attorney.
6. Do not sign any documents releasing others from liability or accepting payments for injuries.
Do not file an accident report without first checking with your attorney.
7. Begin a daily medical journal in which you will record the condition of your injuries and medical treatment. Daily references to pain, suffering, sleeplessness, limitations on normal activity, changes in condition, and trips to the hospital or physician should be noted. Keep a record of your expenses: mileage, prescriptions, drugs, crutches, wheelchair, private nurse, and so on.
8. Record all employment losses: days missed; lost pay and benefits; and missed raises, promotions, merit pay, and bonuses. Also note the date of your return to work and any subsequent effects your injuries have on your ability to do your job.
9. Make a record of all damages to property and estimates for repair. Do not discard, give away, or sell such property without consulting your attorney.
10. List your expenses in hiring others to perform domestic work and maintenance or child care
needed as a result of your injuries.
11. Apprise your attorney or paralegal of your medical, property, and disability insurance coverage in order that steps may be taken to inform the companies of the incident and claims may be made. You do not want to waive your right to a claim; such claims may provide necessary cash for living expenses. Money paid by your insurance company will be reimbursed to the insurance company if it is awarded to you in the lawsuit for the same damages previously paid for by the insurance.
12. You should be aware that most cases are settled before trial; your case may be settled through negotiation prior to trial.
13. The filing of a case is important because it keeps the case moving, provides access to the opponent's information, and encourages a more timely resolution of the matter. Once a case is filed, it may take from one year to several years before it comes to trial. No settlement will be agreed upon without your full knowledge and acceptance.
14. Keep the paralegal informed of any new information that arises or that you recall. Inform us of any change in address, extended vacation plans, and so on. Refrain from asking others questions about your case. This frequently leads to confusion and incorrect information. If you have questions about your case, please ask us. We will be glad to help.
15. Prior to trial you will be called to the office to review information and to prepare for trial. You may be asked to provide sworn testimony about the incident at a deposition. This is required by law. You will be given time to prepare for this deposition. You may also be asked to undergo an examination by a physician chosen by the opponent in order to verify your injuries. This is permitted by law.
16. Your case may not end following a decision by the court. Frequently appeals are filed before a case is final. This can take a long time.
In order not to jeopardize their case, clients should not:
(32) VerifiedClients should not sign documents releasing others from liability, accept payment for damages, make statements to others about the case, file an accident report without attorney approval.
It is unethical to create an attorney-client relationship via a Web site.
(35) Review the Checklist of Information to Be Given at the Initial Interview. Which three items do you think are most important? Explain.
(30) What forms authorize doctors or others holding confidential information to give that information to a lawyer or paralegal?
(39) Pace and lead is a technique used to elicit information during the client interview.
(35) The body language of a person may best be assessed to determine
(38) Typically, at the initial interview the client should sign a
(41) A paralegal should not rely entirely on model interview forms because they
(39) You know your client is telling the truth if he or she looks you straight in the eye.
(34) Signed docket control forms allow confidential information to be given to a lawyer.
(37) What kinds of materials should the personal injury client bring to the interview?
(38) Which of the following is an example of a good interview question?
(44) What are the eleven steps in the interview plan? Explain how each step is accomplished.
(39) 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 _.
(30) How can the paralegal play a key role in keeping the client informed of the status of the client's case?
(38) 
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