Exam 2: The Initial Interview

What are three ways you can help keep your client informed?

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.

A good source for researching the elements of a cause of action or defense thereto is a

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

Fee agreements

In concluding the interview, be sure to

How does one develop pertinent questions for an interview?

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.

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

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

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

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

In some states where comparative negligence is the rule of law, the plaintiff will not be able to recover if the jury determines the plaintiff was .

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.

Assume that you are a paralegal in a firm working for the defendant, Mr. Hart, in Case I. For an interview with Mr. Hart: a. Draft a set of five questions pertinent to the element of breach of duty, specifically Mr. Hart's attentiveness. b. Draft five questions for Mr. Hart regarding plaintiff's comparative negligence.

A nonengagement letter informs a potential client that

Define substantive law and procedural law.

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.

Why is planning an interview important?

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.