Deck 2: The Initial Interview

Question 1

It is best to let the client know that it is the client's responsibility to provide for any special needs, such as interpreters, for the initial interview. ​

Answer 1

False

Question 2

The most frequent complaint of clients is that they have to communicate with paralegals. ​

Answer 2

False

Question 3

The initial interview sets the tone for the entire relationship between the plaintiff and the defendant. ​

Answer 3

False

Question 4

A plaintiff may have to undergo an examination by a doctor hired by the opposition. ​

Question 5

Duty of care is an element of negligence. ​

Question 6

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

Question 7

Defendants usually pay attorneys on the basis of a contingent fee agreement. ​

Question 8

It is unethical to create an attorney-client relationship via a Web site. ​

Question 9

The initial client interview can provide valuable information essential to forming the basis of a lawsuit or a defense thereto. ​

Question 10

​ Contributory negligence is not a defense in most states.

Question 11

​ One element of negligence is that a breach of duty has to be the proximate cause of the injury.

Question 12

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

Question 13

​ An event can be a contributing cause of an injury without being the proximate cause.

Question 14

For the most efficient interviews, use only form questions. ​

Question 15

Assumption of risk and last clear chance are elements of negligence. ​

Question 16

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

Question 17

Elements of a cause of action can be found in jury instructions. ​

Question 18

Comparative negligence is not a defense in most states. ​

Question 19

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

Question 20

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

Question 21

You know your client is telling the truth if he or she looks you straight in the eye. ​

Question 22

Signed docket control forms allow confidential information to be given to a lawyer. ​

Question 23

If A has a miscarriage and sues her doctor for malpractice for giving her x-rays before realizing she was pregnant, and A reveals on the witness stand that she fell down the stairs at home just before the miscarriage, the element of the plaintiff's proof that is in jeopardy is ​

A) ​ duty.
B) ​ breach of duty.
C) ​ proximate cause.
D) ​ injury.

Question 24

​ 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 25

​ A good interview form

A) ​ gives you all the questions you will need.
B) ​ requires specific information on damages.
C) ​ meets ABA standards.
D) ​ is available from the clerk of court.

Question 26

An interview summary must be filed with the court within twenty days of the interview. ​

Question 27

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

A) ​ whether the person is lying.
B) ​ whether the firm should take the person's case.
C) ​ how a jury will perceive the person.
D) ​ a person's intelligence.

Question 28

In regard to scheduling the initial interview, it is best to ​

A) ​ schedule about an hour and to end at a specified time so the interview will not be unduly prolonged.
B) ​ leave it open ended to provide flexibility and an unhurried environment.
C) ​ leave time to allow clients to chat as long as they want.
D) ​ schedule twenty minutes and let the client know at the end of that time that you have more important things to do.

Question 29

Time that a defendant spends outside the state may extend the time limit for filing a case. ​

Question 30

A paralegal may explain the terms of a fee agreement to a client. ​

Question 31

​ "What do you mean by the phrase 'high as a grasshopper's knee'?" is a good interview question.

Question 32

The statute of limitations defines the range of damages that can be requested. ​

Question 33

Procedural law includes the rules for filing a lawsuit. ​

Question 34

Substantive law includes defenses to actions. ​

Question 35

​ A boat strays into the swimming area of a lake. A swimmer sees the boat, but swims directly in front of it to retrieve a beachball and is injured when the boat hits him. The boat operator has the defense of

A) ​ breach of duty.
B) ​ comparative negligence.
C) ​ assumption of risk.
D) ​ procedural law.

Question 36

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

A) ​ legal practice manual.
B) ​ state or federal jury instruction book.
C) ​ law office procedures manual.
D) ​ court clerk.

Question 37

​ A good way to let potential clients know their cases have not been accepted is to have the secretary call them after a forty-five-day period.

Question 38

That aspect of law that defines the rights of individuals and the duties owed one person by another is the definition of ​

A) ​ substantive law.
B) ​ procedural law.
C) ​ ethics.
D) ​ negligence.

Question 39

A paralegal should not rely entirely on model interview forms because they ​

A) ​ are usually too long.
B) ​ are usually too short.
C) ​ do not always allow for the uniqueness of the individual case.
D) ​ often waste time.

Question 40

A orders a large pitcher of beer, as does B. A proceeds to drink his pitcher and half of B's. A dies of  asphyxiation (drowning). In an action by A's estate against the bar that sold the beer, the defense most applicable to the action is ​

A) ​ contributory negligence.
B) ​ comparative negligence.
C) ​ assumption of risk.
D) ​ last clear chance.

Question 41

The interview summary is helpful for ​

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

Question 42

When an angry client is ranting in your office, first ​

A) ​ call the police.
B) ​ call your supervising attorney.
C) ​ allow the client to vent.
D) ​ leave the room as fast as you can.

Question 43

Professional ethics require the paralegal ​

A) ​ to give reliable legal advice to the client.
B) ​ to question the truth of what the client says.
C) ​ to keep client information confidential.
D) ​ not to ask questions that would embarrass the client.

Question 44

​ The client should be told not to make statements to others about his or her case or injuries, because such statements

A) ​ might cause gossip.
B) ​ can be used against the client in court.
C) ​ might damage the attorney's reputation.
D) ​ are against the law.

Question 45

​ In preparing the interview site the paralegal should

A) ​ keep other client files on the desk to show how much business the firm has.
B) ​ have all paper, pencils, diagrams, and forms ready.
C) ​ arrange the office seating to keep distance between client and interviewer.
D) ​ arrange for all calls to be put through to the interview site.

Question 46

Doctors or others holding confidential information are authorized to give that information to a lawyer or paralegal through ​

A) ​ docket control forms.
B) ​ release forms.
C) ​ summons.
D) ​ writ of certiorari.

Question 47

A nonengagement letter informs a potential client that ​

A) ​ her further assistance in the case is unnecessary.
B) ​ a second interview is needed.
C) ​ the firm has not accepted her case.
D) ​ the opposing party will settle the case without a trial.

Question 48

Define substantive law and procedural law. ​

Question 49

​ List and define the elements of negligence and related defenses.

Question 50

​ How do you generate interview questions for specific cases?

Question 51

One of the most frequent client complaints is addressed by paralegals providing ​

A) ​ more relaxed interviews.
B) ​ better legal forms.
C) ​ better billing procedures for clients.
D) ​ increased communication with the client.

Question 52

Thinking of questions to ask in an interview is a matter of ​

A) ​ applying common sense to the substantive law (legal elements).
B) ​ studying the steps of procedural law.
C) ​ good psychology.
D) ​ being a good conversationalist.

Question 53

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 54

Permission to access medical records must be ​

A) ​ HIPAA compliant.
B) ​ HIPPO compliant.
C) ​ compliant with federal regulations only in federal cases.
D) ​ filed with the clerk of court.

Question 55

The initial client interview is significant for what three reasons?

Question 56

What is an interview plan? State its purposes. ​

Question 57

Typically, at the initial interview the client should sign a ​

A) ​ motion to dismiss.
B) ​ medical information release.
C) ​ sworn statement about the accident.
D) ​ malpractice release for the attorney.

Question 58

​ 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 _____.

A) ​ 30 percent
B) ​ 51 percent
C) ​ 10 percent
D) ​ even slightly

Question 59

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 60

Which of the following is an example of a good 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 61

In planning any initial interview, what special needs should be anticipated? List three. ​

Question 62

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

Question 63

A conflict-of-interest check on a potential client should include what two steps? ​

Question 64

What is an Authorization for Release of Information form? Why is it important? ​

Question 65

Describe the technique of pace and lead in dealing with difficult clients. ​

Question 66

(Special direction to instructor: Give each student a copy of the facts in Case I, Chapter 1.) Referring to the facts on the attached sheet (Case I) and the elements and defenses to negligence, discuss whether there may be a cause of action for negligence and defenses thereto. ​

Question 67

List three things clients should not do in order not to jeopardize their case. ​

Question 68

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

Question 69

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

Question 70

What are some considerations in choosing an interview site? ​

Question 71

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. ​

Question 72

On what two calculations are attorney's fees based? ​

Question 73

Define and explain the significance of the statute of limitations. ​