Taking the Case

• Author: Ayesha Mutope-Johnson
• Pages: 605-624

38-1

Chapter 38

TAKING THE CASE

By Ayesha Mutope-Johnson

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 FACE-TO-FACE MEETING

A. Purpose and Strategy

1. Interview With Employee

2. Interview With Employer

B Preliminaries

C. Interview Process

1. Getting Started

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

TEXAS EMPLOYMENT LAW 38-2

c. Discharge Letter

d. Disciplinary Actions

e. Commendations

f. Performance Evaluations

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