3.2 Initial Interview

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

3.2 INITIAL INTERVIEW

3.201 In General. A key step in evaluating the case is the initial client interview. Thorough initial interviews with potential medical malpractice plaintiffs are crucial. Prospective clients are the first and primary sources of information about their claims. Of course, the clients are not likely to understand much of the technical aspects of what happened, but the information they are able to relate will direct the fact-gathering process. At the initial interview, the attorney must also advise clients about what is involved in bringing a medical malpractice claim so they will be prepared for the rigors of case preparation should the attorney find their claim has merit.

3.202 Initial Agreement. The client must understand that an initial interview with an attorney does not guarantee representation unless a retainer agreement is entered into. Contingency fee agreements should be in writing and should state the method by which the fee is to be determined and whether litigation expenses are deducted before or after the fee is calculated. ¹ The initial agreement is only to investigate and evaluate the case. The attorney will then determine whether the case is provable and damages are significant enough to...