Client Interview and Investigation

• Author: Jim Wren
• Pages: 131-166

5-1

5. Client

Interview

Chapter 5

Client Interview and

Investigation

I. General Points

§5:01 Scope of This Chapter

§5:02 Develop the Damages From the Beginning

§5:03 Understand Damage Elements and Types of Proof

§5:04 Basic Screening Steps

§5:05 The Initial Phone Screening

§5:06 Use of a Written Questionnaire

§5:07 The Initial Client Meeting

§5:08 Evaluating the Rudimentary Damages Model

§5:09 The Explanation Is as Important as the Number

II. Personal Injury Cases

§5:20 The Initial Phone Screening

§5:21 The Questionnaire

§5:22 The Initial Client Meeting

§5:23 Sample Initial Damages Model

III. Wrongful Death Cases

§5:30 The Initial Phone Screening

§5:31 The Questionnaire

§5:32 The Initial Client Meeting

§5:33 Sample Initial Damages Model

IV. Business Injury Cases

§5:40 General Points

§5:41 The Initial Phone Screening

§5:42 The Questionnaire

§5:43 The Initial Client Meeting

§5:44 Sample Initial Damages Model

V. Real Property Damage Cases

§5:50 General Points

§5:51 The Initial Phone Screening

§5:52 The Questionnaire

Proving Damages to the Jury

5-2

5. Client

Interview

§5:53 The Initial Client Meeting

§5:54 Sample Initial Damages Model

VI. Employment Cases

§5:60 General Points

§5:61 The Initial Phone Screening

§5:62 The Questionnaire

§5:63 The Initial Client Meeting

§5:64 Sample Initial Damages Model

VII. Initiating the Damages Investigation

§5:70 The Solvency of the Defendant

§5:71 Insurance Coverage

§5:72 Key Damages Documents

VIII. Forms & Samples

5-1 Personal Injury Case Questionnaire

5-2 Wrongful Death Case Questionnaire

5-3 Business Injury Case Questionnaire

5-4 Real Property Case Questionnaire

5-5 Employment Case Questionnaire

5-6 HIPAA Medical Records Release Form

5-7 Employee Personnel Records Release Form

5-8 Student Educational Records Release Form

Client Interview and Investigation §5:03

5-3

5. Client

Interview

I. General Points

§5:01 Scope of This Chapter

This chapter provides a roadmap for obtaining the information and proof of damages

needed to make good decisions and develop damages the right way from the beginning. The

chapter presents ideas and checklists focused specifically on development of the damages

case. These things are intended to supplement—not to supplant—more traditional inquiries

into the liability facts.

Therefore, the chapter does not detail all of the information and documents that should

be covered in an initial client screening or meeting. For example, this chapter does not

attempt to discuss clearance of conflicts, liability determination issues, the fee agreement,

issuance of a non-representation letter, or a host of other issues that go beyond laying the

groundwork for the damages aspect of the case. Nor does it cover all of the documents that

would be routinely requested for analysis of the liability aspects of the case.

§5:02 Develop the Damages From the Beginning

Depending on how you treat them from the beginning, damages are either a fundamental

aspect of the case or an afterthought. Recovery of full damages results from thinking about

damages at every step of the process.

Among the very first things we all learn as plaintiff attorneys is that a viable case has

three necessary components:

• Liability.

• Damages.

• A solvent party to pay the damages.

If you accept a case without fully considering all three of these components, then clients

end up unhappy, partners end up unhappy, and you may not feel so good yourself.

Even when there are damages and a solvent source of payment, if the manner of proving

those damages is neglected at the outset of the case, it becomes harder, less effective, and

less efficient to play catch-up. Start the right way.

§5:03 Understand Damage Elements and Types of Proof

Anyone who is screening cases and accepting cases must know the damage elements for the

particular kind of case being considered and how those damage elements are typically proven.

Damage elements and requirements for various causes of action may vary from one

jurisdiction to another. This chapter provides a starting point for the information you need

to know for common categories of damages cases. Take the checklists of topics, questions,

and document lists for a given category in this chapter, and customize them to fit your

jurisdiction and practice.

5. Client

Interview