Hearsay

B. The Initial Client Interview

The initial client interview sets the tone for the attorney-client relationship. Lawyers are cautious about which clients they accept, particularly plaintiff lawyers, who are usually working on a contingent fee case. Many lawyers use an intake form containing several preliminary questions about the person and their case. At the outset, the attorney will want to know when potential causes of action arose, and whether the statute of limitations have run. Other information, such as whether the prospective client has an active bankruptcy proceeding, is also crucial. If the person has an open bankruptcy case, the lawyer will need to communicate directly with the bankruptcy trustee in addition to the client, since any amount which is recovered becomes an asset the trustee can use to satisfy creditors.

C. Investigation of the Cause of Action

Informal investigation must be undertaken by the lawyer prior to the discovery phase in a lawsuit, which is a more formal investigation. Before a lawyer takes a case, they need to know as much information as possible about the facts, evidence, and witnesses. During the case, the lawyer needs to investigate in order to compile relevant evidence for trial.

Although some lawyers rely extensively on paralegals, investigators, and associates, all lawyers should understand the nuts and bolts of investigation. Even if the lawyer out-sources many of the tasks, the lawyer is still the focal point of the litigation and must direct and analyze the results.

The investigation can be broken into phases:

Step 1. Initial Fact Investigation

First, speak with the client. Get the story including background information, fact chronology, cast of characters and relevant documents. If client is a corporation, understand the client's