Question 1

Your firm is handling a wrongful death case for the plaintiff. Since the deceased is not available to testify, how can you introduce the human factor into the case? Who would you interview and what information would you want to gather? What information would you gather in other ways?
Now assume you work for the defense. What information would you gather and how would you gather it?

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Question 2

Explain how to develop an interview form.

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Question 3

Review the interview forms, noting the type of information requested. Place a copy of these interview forms or similar forms into this section of your systems folder.

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Question 4

Create ten questions probing the existence and nature of injuries suffered in an occurrence.

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Question 5

Since the Forrester case involves patient medical information, review your state's (and federal) requirements for the release of medical records and other medical information and prepare the document for Mrs. Forrester's signature.

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Question 6

Review all the steps necessary to prepare for and conduct an entire interview.

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Question 7

Prepare a letter to Mrs. Forrester summarizing both the firm's and her responsibilities in the course of her representation. Remember to consider including information, such as who to contact if questions arise, the need for cooperation in gathering information for the case, and confirmation of best methods of contacting the client, for example. Be creative and locate sample letters from the Internet, law firms, and formbooks.

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Question 8

Locate the common statutes of limitations through the index to your state's statutes. Compile a list of the statute numbers and time limits for cases involving personal injury, property damage, wrongful death, contracts (oral and written), and products liability.
a. Personal injury years 
statute number _.
b. Property damage years 
statute number _.
c. Wrongful death years 
statute number _.
d. Contracts
oral years 
statute number _. 
written years 
statute number _.
e. Products liability
years statute number _.
years statute number _.

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Question 9

Restate as many of the interview techniques as you can.

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Question 10

In the "Information to Be Given to the Client" checklist, which suggestions, if not followed, may adversely affect the client's case?

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Question 11

Test your research skills and learn about your state law by researching the terms negligence, contributory negligence, and comparative negligence in your state's jury instruction book, statutes, or digest. For additional understanding of these concepts, look in a legal encyclopedia, Am Jur's Proof of Facts, or other national reference sources. Note what must be proved. research may be conducted electronically or through books.

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Question 12

Mrs. Forrester has decided to hire your law firm to represent her in the personal injury lawsuit she intends to filed against Richard Hart and Mercury Parcel Service, Inc. Your attorney has asked you to prepare the fee agreement between the firm and Mrs. Forrester. Draft the document in accordance with the legal requirements in your jurisdiction.

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Question 13

Your supervising attorney has asked you to develop a draft of a brochure for clients with information the client should receive at the initial interview. Include any additions to the brochure suggested by your instructor. Place the brochure in your systems folder.

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Question 14

What is the doctrine of last clear chance? What is the assumption of risk? Give examples of each.

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Question 15

Adapting the methods you have learned to a variety of circumstances is an important process and an invaluable ability in the law office. Test your understanding of the methodology described in step 2 of planning the interview by creating an interview form for a breach of implied warranty case. Assume that you are representing one of the defendants in the Forrester case. The theory is that the brakes of the van were defective and that is why the accident occurred. Research the legal requirements for a breach of warranty case and prepare the interview form.

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Question 16

Why is planning an interview important?

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Question 17

List those things to be considered in preparing the interview site.

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Question 18

What is the difference between contributory negligence and comparative negligence? Which of these two doctrines is the rule of law in your state?

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Question 19

Make the letter in Exhibit 2:3 into a form letter for your systems folder. Redraft the letter to suit your style and needs, leaving blank those areas of the letter that will contain the variable information (names, addresses, date, and so on) for each new client. Once your form is set up, it can be placed in your systems folder, requiring the entry of only the variable information for each repeated use. Throughout this training period, follow this form-making procedure for letters and other documents that will be used repeatedly from one case to the next.
Note: Keep track of your time by filling out the time log.

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Question 20

What is the simple process for developing a form letter?

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Quiz 2: The Initial Interview