The Initial Interview
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The initial interview with a prospective client can be
critical in that:
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It can convince the client to sign up with your firm
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Until the retainer is signed (and even afterwards in many
cases), the client can choose any lawyer s/he wants
It can help determine the strengths and weaknesses of
your case and determine whether it’s worth your firm’s
time to represent
It can allow you to obtain enough basic information so that
you don’t have to keep going back to the client for more
information
Remember that information discussed in the initial
interview is subject to confidentiality rules!
Advanced Civil Litigation Class 2
Slide 1
Preparation for the Interview 1
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Review all available information on the case
 E.g., notes from phone call with the client
 Any documents the client sent you initially
Use a questionnaire or interview form to save time
 If the client can spend 20 minutes in the waiting room filling it
out and not have to spend an extra 20 minutes in the meeting, it
maximizes your time efficiency.
Determine and arrange a location for the interview
 The best strategy is to have it in your office
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The client takes it more seriously
The client may have less of a problem paying if s/he is subliminally
reminded of the expenses of an office you have to maintain
For an elderly or infirm client, there’s nothing wrong with going
to the client’s residence for the interview
It should be in person. Phone only interviews are not a good
idea unless you really have no other choice
Advanced Civil Litigation Class 2
Slide 2
Preparation for the Interview 2
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Tell the client what information to bring to the meeting
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Police reports, medical bills, names of witnesses, etc.
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Schedule ample time for the interview
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Don’t be afraid to overstate what you need. It’s better to ask
for a document and not use it then to not ask for it and need
it later on
Also, arrange for any special needs the client may have
Taping the interview is bad form and may make the client
ill at ease
Review special ethical rules that may apply
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Do a “conflicts” check to make sure the firm isn’t already
representing the defendant, for example…
If there are potential conflicts, determine whether you can
start the representation before the interview!
Advanced Civil Litigation Class 2
Slide 3
Soliciting Background Information 1
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If you have no questionnaire, make sure you get all of the
client’s basic information; e.g.,
 Name address, phone numbers, email, profession, please
of business, family status, etc.
Ask a client how s/he chose the firm.
 The answer can reveal whether the particular marketing
media used by the firm have been effective.
 In addition, if the client was referred by another attorney,
that attorney should be contacted to indicate what he
knows about the client, and whether the attorney expects
to share in the fee.
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Note that attorney referral fees are unethical, but that
doesn’t mean they don’t happen and it doesn’t mean another
lawyer won’t expect one.
Advanced Civil Litigation Class 2
Slide 4
Background Information 2
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Ask whether the client previously retained an attorney in
connection with the same matter or a related matter.
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If the client intends to discharge the prior attorney, find out why.
Find out if the problem was with the prior attorney, or whether
the client has unrealistic expectations, in which case the firm
probably should not accept the case.
Note that if the prior attorney has done some work on
the case and has not been paid by the client, he may
claim a lien on either the file or on the expected
recovery.
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Every effort should be made to negotiate an arrangement
with the prior attorney. In addition, a consent to
substitution of attorney should be signed by both the client
and the former attorney.
Advanced Civil Litigation Class 2
Slide 5
Questions Regarding Liability
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In tort litigation, some types of information that are
“sensitive” must still be asked about as they might be
critical to the representation
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In personal injury cases, find out if the client has a spouse
and children, in which case derivative claims for loss of
services should be included in the complaint.
In personal injury cases involving married people, you may
have to pry with specific questions about the couple’s
relationship since the accident
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Ask these questions as tactfully as you can, but ask them!
In employment disputes, find out the client’s race, religion,
age and national origin. Civil rights lawsuits sometimes
allege multiple types of discrimination.
Advanced Civil Litigation Class 2
Slide 6
Questions Regarding Liability and Damages
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Obtain the details of the accident, the names of any
potential defendants, and information regarding their
insurance carriers.
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Obtain the names and contact information of any
eyewitnesses.
Ask the client whether there was a police report, and, if
so, obtain a copy.
Obtain authorizations from the client for all medical
providers and employment records.
Find out whether or not the client had any pre-existing
illnesses or injuries that may relate to the after-effects of
the accident.
Obtain the client’s pre-accident and post-accident work
history.
Advanced Civil Litigation Class 2
Slide 7
Other Interviewing Techniques 1
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Have the attorney who will be handling the case meet
with the client first, even if just for a few minutes
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The attorney should introduce you as the person doing
“intake.” The clients will want to know that an attorney is
handling their case, and not “just” a paralegal.
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Don’t take it personally. You could be the best paralegal in
the World, but the client wants the interest of an attorney
Make sure not to represent that you are handling the case;
make the client understand that an attorney will supervise
everything done in his/her case.
Questions should be worded so as to permit clients to
tell their own stories.
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Avoid leading questions. Clients should tell their side of the
case with little prompting.
Advanced Civil Litigation Class 2
Slide 8
Other Interviewing Techniques 2
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Make the client comfortable
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Assure the clients of all the duties owed by the firm to
the client; including
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Offer refreshments
Make sure the temperature in the room is comfortable
Address the client formally and respectfully
Confidentiality (especially)
Loyalty
Zealous representation
Be confident but not condescending
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NEVER make the client feel that his/her business is not
worth your or the firm’s time (even if that’s true)
Advanced Civil Litigation Class 2
Slide 9
Other Interviewing Techniques 3
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Be confident in your firm’s abilities and be optimistic, but
don’t promise results!!
Follow up on weaknesses in your client’s story, but do so
gently and never in a challenging manner
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You can prep the client for cross examination much later
If the client says something complicated, repeat the gist
of it back to the client so as to make sure you didn’t
misunderstand him or her.
Have consent forms (e.g., to obtain records) available for
the client to sign. Usually, clients won’t have much of a
problem signing these.
After the interview, keep the client informed on the
progress of the case
Advanced Civil Litigation Class 2
Slide 10
Discussing Fees
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Have a retainer agreement ready before the interview, if
possible, that states what your firm’s fees are
As a paralegal, you can’t directly negotiate fees.
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You can and should, however, tell the client what your
fees are, how they are billed, etc.
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If the client wants to negotiate fees, bring in yuor
supervising attorney
The client will feel a lot more comfortable after the issue
of fees comes up
If the client is asked to pay a retainer, the client should
know that…
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It will be credited toward your work for the client
The excess will be refunded if you to less work for the
client than is covered by the retainer.
Advanced Civil Litigation Class 2
Slide 11