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Should you take the case? To ensure that you give each case the attention it deserves, you need an accurate picture of a prospective case as soon as possible. Make sure you ask for - and provide - specific information during the initial interview and in the case's early stages.

Publication: Trial
Publication Date: 01-MAR-09
Format: Online
Delivery: Immediate Online Access

Article Excerpt
At one time or another, you've probably found yourself trying to figure out why you took on the cause of a particular client and how you can gracefully remove yourself from the case. Chances are that if you had more thoroughly screened the case initially, you would have recognized that your time could be better spent pursuing a different cause.

Taking the wrong case may be the result of many factors, such as inexperience, inadequate interviewing, a strong desire to help, and financial considerations ("I can settle this one quickly"). Such short-sightedness can cause long-term despair. Make sure you find out what you need to know about a case, beginning with the first time you meet or speak with the potential client.

Attorneys tend to forget that prospective clients may feel uncomfortable about divulging aspects of their lives to a stranger. Most people have never filed a lawsuit or even been involved in a lawsuit tangentially, and the incident that brought them to you may have caused significant emotional or physical hardship. You need to be sensitive to the prospective client's privacy concerns while probing for the information you require to get a complete picture of the case.

When I first come into contact with a client, whether by telephone or face to face, my first two questions are: What happened to you that made you need a lawyer? Why did you choose our firm?

The client's story. I ask clients what their problem is and tell them to start wherever they feel most comfortable. This relaxes clients and lets them talk about whatever they want to.

The client usually divulges the events leading up to the incident; the incident itself; its cause; and the resulting physical pain and suffering, emotional distress, and adverse financial impact. After a 30-to 60-minute monologue, the client has told me his or her story. I obtain the rest of the information I need through a series of questions regarding issues such as

* the date, time, and place of the incident

* more specific facts concerning the incident

* a more complete description of injuries from head to toe

* discussions the prospective client had with other people involved in the incident as well as third parties, such as police, friends, family, and others to whom the client might have made an admission against...

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