Initial client contact

• Author: Ellsworth T. Rundlett III
• Pages: 197-286

INITIAL CLIENT CONTACT

2-1

CHAPTER 2

INITIAL CLIENT CONTACT

§200 FIRST TELEPHONE CONFERENCE

§201 Checklist: Questions to Ask the Potential Client

§201.1 Checklist: Case Evaluation

§202 Checklist: Things to Tell the Client

§203 Checklist: Things Not to Do in the First Telephone Conference

§210 FIRST CLIENT INTERVIEW

§220 INTERVIEW CHECKLISTS FOR SELECTED SMALL PERSONAL INJURY CASES

§221 General Information Client Intake Form

§222 Automobile Accident Form—Driver

§223 Automobile Accident Form—Passenger

§224 Premises Liability Form

§225 Products Liability Form

§226 Liquor Liability Form—Dram Shop

§227 Uninsured and Underinsured Motorist Form

§228 Intentional Tort Form

§229 Client Medical History

§229.1 Small Personal Injury Medical Form

§229.2 Special Inquiry Regarding Bankruptcy

§229.2.1 Forms for Appointment of Counsel and Approval of Settlement

§230 INSURANCE COVERAGE

§231 Collision Coverage for Property Damage

§232 Health Insurance

§232.1 Potential Problems With Health Insurance Carriers and HMOs

§232.1.1 Dealing With HMOs and Health Insurance Carriers

When a Third-Party Liability Carrier May Be Responsible

§232.1.2 Sample Letters to HMOs and Health Insurance Carriers

§232.2 Dealing With Medical Providers Who Decline Health Insurance

in Favor of Full Payment From Settlement Proceeds

§232.2.1 Eight Tips to Deal With Medical Providers Who Decline Health Insurance

in Favor of Receiving Full Payment From Settlement Proceeds

§232.2.2 Sample Letter to Medical Provider Who Refuses Health

Insurance or Government Assisted Insurance

§232.3 Negotiating Medical Bills When the Medical Provider Refuses to Use Health Insurance

§233 Medical Payments Coverage

§234 Workers’ Compensation

INITIAL CLIENT CONTACT

Maximizing Damages in Small Personal Injury Cases 2-2

§235 Uninsured and Underinsured Motorist Coverage

§235.1 Sources of Coverage

§235.2 Basic Elements to Determine Uninsured/Underinsured Coverage

§235.3 Analysis and Application of Coverage

§235.3.1 Issue: Value of Injuries and Limits of Coverage

§235.3.2 Issue: Workers’ Compensation and Uninsured Motorist Coverage

§235.3.3 Issue: Multiple Policies and Stacking

§235.3.4 Issue: Stacking in Underinsured Motorist Cases

§235.3.5 Issue: Underinsured Coverage With Multiple Tortfeasors

§235.4 Dealing With Diff‌icult and Conservative Carriers on Uninsured or Underinsured

Motorist Coverage

§235. 4.1 Twenty Tips to Deal With Uninsured or Underinsured Motorist Insurance Cases

§235.4.2 Sample Uninsured Motorist Complaint

§235.5 Uninsured/Underinsured Motorist Coverage in Maine

§235.6 Reference Aids

§236 Disability Insurance

§237 Defendant’s Liability Insurance

§238 Financial Responsibility Laws

§238.1 Reference Aids

§239 No-Fault Insurance

§239.1 Reference Aid

§240 CONTINGENT FEE AGREEMENT

§241 When to Request Client’s Execution of Agreement

§242 Sample: Contingent Fee Agreement in Small Personal Injury Case

§243 What to Do if Your Client Requests a Loan or Advance

§250 INSTRUCTION LIST TO CLIENT

§251 Information Booklet for Clients

§252 Acknowledgment Form Promising Cooperation by the Client

§252.1 Client’s Acknowledgment and Acceptance of Responsibility Form

§260 CHECKLIST: CONTENTS OF CLIENT DIARY

§261 Reasons Not to Use Diary

§262 How to Prepare a Diary in the Small Personal Injury Case

§270 AUTHORIZATION FORMS FOR USE IN SMALL PERSONAL INJURY CASES

§270.1 Medical Authorization Form—Compliance With HIPAA

§270.1.1 Two Example Authorization Forms

§270.2 Authorization Form Closing Case and Revoking Former Authorization

§270.3 Police Report

§270.4 Tax Returns

§270.5 Employment Records

§270.6 Client’s Driving Record

§270.7 Authorization for Release of School Records

§270.8 Authorization to Pay Medical Bills From Settlement Proceeds—General Form

§270.8.1 Authorization to Pay Medical Bills from Settlement Proceeds—Specif‌ic Form

§270.9 Authorization to Pay Liens From Settlement Proceeds

§280 RECOGNIZING DIFFICULT CLIENTS, AVOIDING CLIENT GRIEVANCES, AND RESPONDING

TO BAR COMPLAINTS AND FEE ARBITRATION GRIEVANCES

§280.1 A Typical Bar Complaint

§280.2 Five Steps to Recognizing Diff‌icult Clients

§280.3 How to Avoid Client Fee Grievances and Bar Complaints

INITIAL CLIENT CONTACT

2-3 Initial Client Contact

§281 Dealing With Uncooperative and Unresponsive Clients

§281.1 Sample Letter Requesting Cooperation From a Client

§281.2 Sample Letter Withdrawing as Counsel for Lack of Cooperation

§282 Personal Injury Vultures

§282.1 Seven Tips on How to Protect Yourself From Personal Injury Vultures

§282.2 What to Do if a Case Leaves Your Off‌ice

§283 40 Weaknesses and Potential Defenses—How to Recognize,

Minimize and Def‌late Them at Settlement, Mediation, or Trial

§283.1 Claimant Did Not Go to Hospital or Seek Medical Treatment After Incident

§283.2 Victim Did Not Complain of Pain at Time of Incident

§283.3 No Witness Can Verify Plaintiff’s Version of Incident

§283.4 Plaintiff Was Going Too Fast, and, Because of That, Could Not Avoid Collision

§283.5 Short Treatment by Claimant Requires Very Small Settlement

§283.6 Primary Care Physician or Family Doctor Predicted Nominal Injuries

§283.7 Last Clear Chance—Claimant Could Have Avoided Incident

§283.8 Alcohol, Drugs, or Medication—Plaintiff Was Under the Inf‌luence

§283.9 Independent Medical Exam—Defense or Insurance Doctor Says Your

Client Is Not Injured, or Injuries Are Minimal or Not Caused by Incident

§283.10 Chiropractor—Your Client Treated With Chiropractor and Received Far More

Treatment Than Necessary

§283.11 Subjective Complaints—The Claimant’s Injuries Are Only Supported by Subjective

Complaints, and There Is No Objective Evidence

§283.12 Unexpected Sudden Stop—Liability Rests With Claimant

for Sudden Unexpected Stop With No Signal

§283.13 Trip and Fall—Claimant Does Not Remember or Know How Fall Occurred

§283.14 Slip and Fall Cases (Outside in Winter)—Claimant Was Well Aware of Slippery

Conditions and Defendant Did All They Could to Prevent Incident

§283.15 Low Impact—Claimant’s Property Damage Is Minimal, Indicating Low Impact and

Therefore No Injuries

§283.16 Police Report Either Blames Your Client or Places Responsibility on Both Parties in Accident

§283.17 Act of God—Incident Was Caused by Fate or Act of God With No One at Fault Who

Would Be Liable to Pay Claim

§283.18 Unsafe Lane Change—Your Client Made an Unsafe Lane Change, Thereby

Precluding Liability on Part of Defendant Who Was Passing

§283.19 Ambulance and Medical Personnel—Medical Attendants at Scene Either Mentioned

Little or No Injury to Claimant, or Were Not Even Called to Scene, or Claimant

Refused Medical Treatment

§283.20 Preexisting Condition or Injuries—Claimant Has Preexisting Injuries or Medical

Conditions Which Preclude Recovery for Injuries Sustained in Incident

§283.21 Sudden Unexpected Medical Episode—Defendant Had Sudden Unexpected Seizure

or Attack That Caused Incident, and Therefore Is Not Responsible Under Any Theory

of Negligence

§283.21.1 Sudden Medical Episode – Sleep Apnea

§283.22 Physical Therapy—Claimant Missed Large Number of Sessions, Thereby Indicating

No Real Injury

§283.23 Intersection Collision—Insurance Carrier Contends Their Insured Was in Intersection

Legally, and Therefore Collision Is Fault of Your Client

§283.24 Medical Bills and Cost of Treatment—Claimant’s Medical Bills Are Excessive,

Unreasonable, and/or Unnecessary

§283.25 Claim History—Your Client Has Had Multiple Claims for Auto Collisions, Premises

Liability, or Workers’ Compensation, and Therefore Is Unreliable

§283.26 Government Claim—Claimant Did Not Follow Notice Requirements Under State or

Federal Government Tort Claim Act, and Therefore Claim Is Barred