paralegal power break: client interview techniques
Post on 17-Feb-2017
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Paralegal Power Break
The Initial Interview
The Interview Plan
• Step 1: Review all available information on the case
• Step 2: Locate or develop an appropriate interview form– Use as aid; do not rely on entirely
• Step 3: Select a location for the interview
The Interview Plan• Step 4: Determine what information the
client should bring• Step 5: Schedule the interview
(tentatively); check with attorney• Step 6: Anticipate and arrange for any
special needs
The Interview Plan
• Step 7: Review pertinent ethical and tactical considerations– Do not give legal advice– Do not record interview– Conflict-of-interest check
The Interview Plan
• Step 8: Review recommended interview techniques– Use narrative questions– Avoid leading questions– Avoid “why” questions
The Interview Plan
• Step 9: Prepare orientation and instruction materials for the client
• Step 10: Prepare any forms for the client’s signature– Including fee arrangement
• Step 11: Prepare the interview site
Two Major Areas of Law
• Substantive law—defines the duties owed by one person to another
• Procedural law—defines the rules and steps that must be followed in a lawsuit
Substantive Law of Negligence
• Elements of negligence– Duty– Breach of duty– Cause of injury– Injury in fact
Substantive Law of Negligence
• Defenses to negligence– Comparative negligence– Assumption of risk– Contributory negligence– Last clear chance
The Interview
• The introduction• Questions about the incident to
determine:– Whether evidence establishes breach of
duty– Whether comparative or contributory
negligence exists– Extent of damages or injury
The Interview
• Dealing with difficult clients– Angry clients
• Pace and lead– Frequent callers and/or drop-ins– Unavailable clients– Sexually aggressive
• Concluding the interview
Statute of Limitations
• Statute of limitations– Date by which action must be filed– Normally starts with date of the incident– If statute of limitations expires, defendant
can get case dismissed
After the Interview
• Summarize interview– Prepare as close to interview as possible
• Keep client informed
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