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