Initial Client Contact

• Author: Ellsworth T. Rundlett III
• Pages: 219-320

2-1

Chapter 2

Initial Client Contact

§200 First Telephone Conference

§210 First Client Interview

§220 Interview Checklists for Selected Small Personal Injury Cases

§230 Insurance Coverage

§240 Contingent Fee Agreement

§250 Instruction List to Client

§260 Checklist: Contents of Client Diary

§270 Authorization Forms for Use in Small Personal Injury Cases

§280 Recognizing Difficult Clients, Avoiding Client Grievances, and Responding to Bar

Complaints and Fee Arbitration Grievances

§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

MAXIMIZING DAMAGES IN SMALL PERSONAL INJURY CASES 2-2

§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

§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

2-3 INITIAL CLIENT CONTACT

§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

§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 Sl ip 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