Intake Memo

MEMORANDUM

TO: ASSOCIATE

FROM: PARTNER

RE: MISSY STEP

DATE: 1/11

Good job on your initial interview. For a plaintiff’s attorney, making the determination to take a case is one of the greatest challenges in litigation. The initial client interview is not only a means of evaluating the merits of a potential suit but also has several other purposes. It allows the attorney to evaluate the client as a plaintiff and form an opinion as to that client's credibility before a jury. Unless the jury responds favorably to the plaintiff, there is little hope for success. 

As a means of review, I wanted to just go over some of the considerations for the initial interview of a potential client:

Considerations for interviewing the client: 

1. Counsel should learn the major facts and issues of the case, find out about the client, his or her background, financial status and potential "other than legal" concerns that may arise.

2. The goal early in the interview is to gather facts before coming to any conclusion or imposing any preconceptions, such as assuming that the matter is a particular kind of case, or deciding on a single course of action. 

3. Some attorneys feel that the initial interview should be very exhaustive, but other attorneys feel there should be more than one "initial" interview. The client can provide facts and issues, bring pertinent documents, and help counsel formulate a joint plan of action. 

4. Allow plenty of time, such as several hours, for the initial interview and let the client ramble and tell the story in his or her way in order to study the client and get the client's perspective. Try to interrupt as seldom as possible until the client is finished. Then gently probe the problems of the story as well as the favorable aspects. 

5. Most clients find the legal process frightening and need reassurance.

6. The attorney or an assistant should make a record of the interview. Handwritten notes, although somewhat obtrusive, provide a quick reference both during the interview and later. 

Techniques useful in client interviews: 

1. Ask why the client has sought legal advice. 

2. Allow the client to speak freely, telling the entire story with few interruptions or distractions, although counsel must keep the client from digressing. 

3. Have the client elaborate on essential information: who, what, where, when, why, and how. 

4. Ask short, open-ended questions such as "Explain ... ," "Describe ... ," and "What happened next?" Avoid leading questions until all facts are known. 

5. Ask questions that help learn more about liability, causation, and damages.

6. If there is insufficient time to conduct a full interview, schedule an additional interview. 

Checklist of information needed:  

1. Obtain personal information about the client: address, telephone numbers, occupation, employer, age, family and any other necessary background information.

2. Date of occurrence. 

3. Nature of wrongdoing, error, mistake or negligence.

4. Nature and extent of injuries. 

5. Names, telephone numbers and addresses of potential witnesses.

6. Names and addresses of medical providers and employers.

7. Discuss miscellaneous background information:

   1. Whether the client has been involved in prior legal claims or court actions, and if so, get details, 

   2. Whether the client has seen other attorneys in regard to this matter and why those attorneys were not retained, 

   3. Whether there have been previous lawsuits or claims for the same injuries by the client, and 

   4. Whether the client has any criminal record. 

8. If for any reason, such as a conflict of interest or simply a decision not to undertake the representation, counsel should document such declination by a letter so that there is no doubt that no representation was undertaken. If the statute of limitations may create a problem, the client should be informed of this. 



Thanks to your hard work, we now have the necessary information and data for our law firm to make the determination that we will be accepting representation of Mrs. Step. 

I have now met with Mrs. Step, and she has signed a formal retainer agreement. Because you were not present in that meeting, I wanted to go over some of the things you will have to go over with a plaintiff for whom you have accepted representation. 

1. Make known the existence of the attorney-client privilege to encourage the client to make a full disclosure and to keep attorney-client communications confidential. 

2. All inquiries about the case, particularly from the press or any stranger, should be referred to counsel. 

3. Openly explain potential non-legal aspects of the client's problems, such as the need to consult medical experts and the unusually high expenses which will be the obligation of the client to pay. 

4. Reach an agreement on a retainer and thoroughly discuss all aspects of the fee and expenses arrangement as set forth in a written contract to be signed by both client and counsel. Explain the basis for calculating and charging fees, what other costs are necessary or may arise, and billing practices. 

5. Explain the inherent difficulties in litigation including the possibility of a defense verdict after a huge expenditure of time and money due to the reluctance of juries to find for plaintiffs. 

6. Review the typical litigation time table and legal procedures likely to be involved in the matter such as filing of the complaint, interrogatories, depositions, settlement conferences and a possible long trial. 

7. Provide a rough legal analysis of the case, what legal remedies may be available, pertinent law, and what legal defenses may be asserted. 

8. Describe the weaknesses and strengths of the case and inherent unpredictability of both the outcome and litigation costs.  

9. Never speculate on the outcome or put a specific dollar value on the case. At this stage, so many facts and factors in determining value are unknown. 

10. Advise the client about any obligation to mitigate further damages such as making a reasonably prompt recovery, following all directives given by his medical providers, and also to beware of possible surveillance. 

11. Advise how the client can help counsel: 

    1. Make available any pertinent written records, diary entries, photographs, bills, letters, etc. 

    2. Sign authorizations to obtain records held by others, e.g., doctors, other health professionals, employers, and hospitals, 

    3. Assist counsel in listing and obtaining contact information for all witnesses, 

    4. Prepare a list of all medical providers seen for care both before and after this occurrence. 

    5. Keep an accurate record of days lost from work because of your injuries. 

    6. Obtain and keep duplicate copies of all medical, hospital and drug bills. You should periodically send these original bills (keeping copies) to us for our files. Also keep records of any other expenses you may have in connection with your injury such as the hiring of extra help. All your bills should be paid by check or you should obtain and keep receipts. You should make and keep a list of all you medical bills and the costs incurred in going to your doctor. 

    7. Furnish to us immediately the correct names and addresses and telephone numbers of any and all witnesses you may learn of. 

    8. Send us any photographs pertaining to your case which you or any of your friends have taken.