This session will discuss the client interview, which is the first phase of handling many types of cases. Although, this session will focus on the litigation paralegal's role the techniques can be applied to interviews many other practice areas as well.

1. Paralegal Power Break
The Initial Interview

2. The Interview Plan
• Step 1: Review all available information
on the case
• Step 2: Locate or develop an appropriate
interview form
– Use as aid; do not rely on entirely
• Step 3: Select a location for the interview

3. The Interview Plan
• Step 4: Determine what information the
client should bring
• Step 5: Schedule the interview
(tentatively); check with attorney
• Step 6: Anticipate and arrange for any
special needs

4. The Interview Plan
• Step 7: Review pertinent ethical and
tactical considerations
– Do not give legal advice
– Do not record interview
– Conflict-of-interest check

5. The Interview Plan
• Step 8: Review recommended interview
techniques
– Use narrative questions
– Avoid leading questions
– Avoid “why” questions

6. The Interview Plan
• Step 9: Prepare orientation and
instruction materials for the client
• Step 10: Prepare any forms for the
client’s signature
– Including fee arrangement
• Step 11: Prepare the interview site

7. Two Major Areas of Law
• Substantive law—defines the duties
owed by one person to another
• Procedural law—defines the rules and
steps that must be followed in a lawsuit

8. Substantive Law of Negligence
• Elements of negligence
– Duty
– Breach of duty
– Cause of injury
– Injury in fact

9. Substantive Law of Negligence
• Defenses to negligence
– Comparative negligence
– Assumption of risk
– Contributory negligence
– Last clear chance

10. The Interview
• The introduction
• Questions about the incident to
determine:
– Whether evidence establishes breach of
duty
– Whether comparative or contributory
negligence exists
– Extent of damages or injury

11. The Interview
• Dealing with difficult clients
– Angry clients
• Pace and lead
– Frequent callers and/or drop-ins
– Unavailable clients
– Sexually aggressive
• Concluding the interview

12. Statute of Limitations
• Statute of limitations
– Date by which action must be filed
– Normally starts with date of the incident
– If statute of limitations expires, defendant
can get case dismissed

13. After the Interview
• Summarize interview
– Prepare as close to interview as possible
• Keep client informed