Overview of Legal Research
Interviewing System
The three steps for interviewing a client are to obtain an overview of the client’s story, shore up any holes in the client’s story, and further probe the client for more information to develop a case theory. The first step in conducting a quality interview of a client would be to obtain an overview of the facts from the client. This overview should be obtained in chronological order. The client should be asked to start from the beginning of the situation and proceed to the present date. Also, it is important to ask the client to provide as much detail as possible. Allow the client to proceed through the entire story while taking notes. The only interruptions should be to ask about more details of the information being provided. The purpose of this step is to allow the client to tell the story and obtain as many facts as possible without interruption. This ensures that the information being provided by the client is not directed and that he or she is speaking freely. It also provides the client with an opportunity to get comfortable with your presence and enhances trust.
The second step would be to shore up any holes left in the client’s story. This would include asking detailed questions. During the first step, notes were taken and any questions should have noted. Ask for verification of facts that did not make any sense and clear up details that may have been left out. Asking open ended questions would be good on this step as it would allow the client to provide further details that may have been missed. The purpose of this step is to ensure that all relevant information is obtained from the client. This allows the client another opportunity to remember things as well.
The third step involves probing even further into the information provided after the initial story is told and the gaps are filled. In this step, each event that appears to be legally significant in the story can be analyzed more in depth. This step will involve more asking questions than obtaining direct information from the client. The purpose of this step is to come up with a legal theory that the client may have for his or her case. It also allows for the attorney to be able to consider whether a legitimate case exists or not.
Interview Questions
The five questions I would ask the client prior to beginning an interview would relate to obtaining basic client information and what the client is hoping to accomplish.
Question 1: What is your full name and address?
I would ask this question so that not only do we know who the client is but also so that a conflict of interest check can be done. Also, this is a good first question to become familiar with the client.
Question 2: How did you hear about this law firm?
I would ask this question to find out if the client has a history with the firm and to determine if he or she is a new client or was referred by another client. Also, this question is another way to break the ice.
Question 3: What is the nature of your visit today, briefly?
I would ask this question so that I do not go blind into the interview and I can focus my attention on exactly what it is the issue may be. Also, this question allows the client to begin to feel comfortable with the interviewer.
Question 4: What is it that you would like to accomplish, briefly?
I would ask this question so that I know what it is the client is actually seeking. I also would learn the client’s expectations. And, again, this question would allow the client to relax and feel more comfortable in the interview.
Question 5: Have you visited another lawyer about this issue?
I would ask this question so that I am aware of any prior history concerning the subject matter with other lawyers or possibly in the legal system.
Interrogatories
The following interrogatories will be a means to obtain any information pertaining to the matter that the opposing party may use as evidence. The information asked for in the interrogatories can be related to any claims or defenses that the opposing party may assert. This includes the existence of certain evidence, the description of evidence, the nature of the incident, the condition of evidence as well as its location, and the existence of witnesses.
Please provide your full name and address and phone number at the time of incident in question. This question would be asked to verify identity and also to determine any conflicts of interest.
Please state the name of your employer and your employer’s address at the time of the incident in question, as well as your position and wages.
This question would also be asked for identity and conflict of interest check reasons. Also, it would be asked to verify the income of the opposing party if the lawsuit relates to money damages.
Please provide the name of your insurance company, as well as the name of your representative and his or her address, phone number along with your insurance policy information.
I would obtain this information to verify whether the opposing party had insurance and to have the correct information regarding the insurance.
Please provide the names, address and phone number of all persons involved in the incident or who have witnessed the incident
Identify all documents relevant to the subject matter this included any document, item, photograph or tangible object.
This question would be asked to ascertain what information the opposing party has that is written and will provide a list to include in the requests for documents.
This question would be asked to determine what defenses the other party may have.
Describe all injuries that you experienced as a result of the incident including physical, mental and emotional injuries that may have be contributed or caused by the incident or aggravated due to the incident.
This question would be asked to ascertain the injuries of the opposing party if any and what if any counterclaim they will be making.
Please provide the names of any and all medical specialists that you have seen as a result of the injuries, if any, that you sustained as a result of this matter.
This question would be asked in order to later obtain the information from the appropriate medical doctors involved.
Please list all expenses in detail with amounts and where and how the expenses related to this matter.
This question will be asked to determine the amount of actual damages sustained by the opposing party as well as information to obtain the documents.
Please list all any and all previous or current lawsuits that you are involved in. This question will be asked to determine if the opposing party is involved in other similar matters and if the damages or injuries may have related to something other than our client.
Use of Interrogatories
In personal injury cases, it is important to use interrogatories in order to gather all information the opposing party may have of the incident and also to ascertain where the opposing client is coming from in his or her case. The interrogatories could be used by the supervising attorney to obtain list of any relevant documents the opposing may have relating to the incident. Also, the interrogatories could be used by the supervising attorney to ascertain what witnesses are going to be used by the opposing party.
Interrogatory questions are significant because they are an attempt to gain information about the background of the opposing party. In a personal injury case, it is important to find out what the other party is claiming as a defense, what damages the other party is claiming, if the other party has insurance and if the party can pay any damages if held liable. Interrogatories are also an important step in the discovery stage of the lawsuit as they will give the supervising attorney a direction in which to go with his or her case. Since interrogatories may also be used in court, as admission, they are an important trial tool as well for the supervising attorney.
References
Maerowitz, M. P. (1997, April). A Three-Step Approach to Effective Client/Witness Interviews. Retrieved from https://www.myazbar.org/AZAttorney/Archives/April97/4-97a3.htm
Nesson, C. (2007). Pre-Trial Procedure. Retrieved from Harvard Law School: http://cyber.law.harvard.edu/~nesson/Reading--Pre-Trial_Procedures.pdf
Schoone, A. P., & Miner, E. L. (1976). The Effective Use of Written Interrogatories. Marquette Law Review, 60(29).
Schreiber, W. (2016). Interrogatories in Personal Injury Cases. Retrieved from HG.org Legal Resources: https://www.hg.org/article.asp?id=26979
