Taking the case
Author | Ayesha Mutope-Johnson |
Pages | 1589-1608 |
TAKING
THE CASE
38-1
CHAPTER 38
TAKING THE CASE
BY AYESHA MUTOPEJOHNSON
38:1. INITIAL TELEPHONE SCREENING INTERVIEW
A. Purpose
B. Interview Process
1. Use Checklist
2. Different Callers Will Require Different Interview Strategies
3. Avoid Interview Traps
C. Conclude Telephone Interview
1. Request Documents
a. Verbal Request
b. Provide Written List by Mail
c. Sample List of Documents
2. Advise of Consultation Fee
3. Advise Client of Fee Before Initial Meeting
38:2. FACETOFACE MEETING
A. Purpose and Strategy
1. Interview With Employee
2. Interview With Employer
B Preliminaries
C. Interview Process
1. Getting Star ted
2. Listen First, Then Question and Take Notes
3. Developing a Witness List
4. Review Documents
a. Quick Initial Review
b. Personnel Policies
i. Critical to Evaluation of Case
ii. What to Look For
c. Discharge Letter
d. Disciplinary Actions
e. Commendations
f. Performance Evaluations
TAKING
THE CASE
Texas Employment Law 38-2
38:3. MAKE A DECISION: SHOULD PROSPECTIVE CLIENT BECOME CLIENT?
A. Create Temporary File
B. Assess Client
C. Decline Representation in Writing
D. Obtain Signed Retainer Agreement and Retainer (Closing)
1. Form of Compensation
2. The “Instant” Agreement for Solos and Small Firms
3. Two-Step Process for Larger Firms
4. Terms of Retainer Agreement
38:4. CONFLICTS CHECK
A. When and Why?
B. Small Firms
1. Use Alphabetical List
2. Have Routine System for Checking Conflicts
C. Large Firms
38:5. PRELIMINARY INVESTIGATION
A. Criminal Record
1. When and Why to Investigate
2. How to Conduct a Criminal Background Check
a. Ask the Prospective Client
b. Contact Clerk’s Office
c. Conduct Online Investigation
d. Private Investigator
e. Law Enforcement Agencies
B. Relatives, Friends and Former Employees
1. When
2. How
C. Corporate and Employer Profile
1. Status of Employer
2. Contact Secretary of State
3. Contact County Recorder for Assumed Names
4. Research Individual Officers, Directors and Shareholders
5. Conduct “Plaintiff/Defendant” Searches at Courthouse
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