Civil Litigation Chapter 4

Must make sure that the legal action is justified by gathering information via initial interviews, further investigation, verify facts.

Consequence for not doing a thorough investigation is to have a frivolous case and it is thrown out of court for not being factual.

Can obtain a police report, medical records, insurance coverage information, DMV records (is license current, was a ticket issued), employment records, tax records, weather from that day, mechanic report, personal property repair report, photos

Dont ASS U ME

You have 2 ears and 1 mouth... listen twice as much as speaking

Active listening - Repeat back what you hear

Plead the alternative - in Wisconsin you can plead more than 1 issue

• Cast of characters
• Chronology
• Issues list
• List of unanswered questions
• Schedule interview between client and atty
• Interview questionaire

• Could be:
• Individual
• Organization
• Key documents
• Physical evidence

Facts in order of occurrence

Use the symbol of a question mark in your notes to signify the unknown

Sources of fact

• Cause of action plaintiff(s)v defendant(s)
• Counterclaim defendant v plaintiff
• Cross claims plaintiff v plaintiff or defendant v defendant
• Break eack claim into the necessary elements necessary to prove the case.

•  List of information we need to know
• "Assigned to" list

****** make sure that the list is reviewed by atty and even forwarded by the atty so you are not stepping on atty toes

• Do a conflict check
• Schedule appt
• Check atty calendar first
• Get list of dates from client
• Send a confirming letter to client with map and floor plan
• Do a confirmation call the day before
• Book a conference or meeting room

• Dont reinvent the wheel, there is probably one already created
• Use forms and checklists
• Gather background information
• Determine specidic facts (needed to prove the elements needed for cause of action)
• Prepare forms/releases that client needs to sign
• Check things off the list once they are recieved or complete
• Prepare a list of documents that will be required and send a letter confirming docs needed (paper trail avoids malpractice)
• Ask about prior litigation - injury may be pre existing condition

• Be present at initial interview
• Team approach to case
• Introduce yourself as a paralegal
• Take good notes while atty reflects back to client
• Check dates for statute of limitations
• Politely ask to repeat information
• Prepare a checklist and confirmation letter (detail out what the client needs to do)
• Encourage the client to keep medical diary and explain the importance and connection to the bottom line (if this pertains)
• "Train the client"
• Proofreading is one of the greatest skills

• Communicate on behalf of the atty what is going on.
• Dont let them guess, not knowing creates negativity

• Promptly summarize the interview so it is as accurate and you arent relying on your memory
• Use the clients own words and dialect as much as possible
• Create a to do list and note who is responsible

• Witness statements
• Page 100
• Traditional resources
• Utilities
• CCAP
• Have a professional membership
• Page 101
• Locate the agent of a corporation through www.wdfi.org
• Legal documents must be served to registered agent... not the headquarters

FIRST QUESTION IS ALWAYS:Are you represented BY LEGAL COUNSEL?

Witness statements are sworn statements

• Ask if they have given any other statements
• Watch body language
• Change of story
• Sweating
• Eye contact
• Fidgety
• Ask open ended questions "tell me what happened...."
• Close ended questions: "yes or no"
• Leading questions "isn't it true that..."
• Cant ask your own witness or expert leading questions ( something to watch for at the trial you watch)
• Hypothetical questions - if ------ then -----?

• Education
• Training
• Experience

• When finding an expert, consider: specialty.
• Research and have some knowledge about the topic
• Provide a summary of info to atty
• If they won't testify ask if they have a referral or if you can still use information from them, like an article they wrote
• Ask them who's THE guy that knows the most
• Make sure he expert can bring it to the jury in an understandable way.

"Dr do you have an opinion to a reasonable degree of medical certainty?"

• Select a safe and convenient place in public, courthouse, library
• Be non judgemental and impartial
• If you say one hour, make it one hour
• Need to have permission to record - often they dont want to
• Recording allows more opportunity to observe the witness
• Be sure to note non verbal and verbal responses?
• Did they have a difficult time hearing or understanding the questions?
• Was there a language barrier?
• Were there gender differences?
• Typically type the statement and print it right there in the office.
• Have them read it and sign it