CALIFORNIA CIVIL LITIGATION INITIATING THE CLIENT RELATIONSHIP © 2005 by Thomson Delmar Learning. All Rights Reserved.

FIRST CONTACT WITH PROSPECTIVE CLIENT Determine: Any client deadlines? Is case of interest to the firm? Was client referred?

PREPARE CLIENT FOR INTERVIEW Advise client to bring: Information Documents Pleadings

PREPARE FIRM FOR INTERVIEW Conflict of Interest Meritorious Competence Expertise/Interest in Case

CONFLICTS OF INTEREST Does attorney or paralegal have prior relationship with any adverse party?

FIRM’S FINANCIAL CONSIDERATIONS Compatibility with practice? Financial ability to handle case?

INITIAL INTERVIEW Firm: Learn about the case and client Build client confidence Communication protected by privilege

INITIAL INTERVIEW Client: Rapport with attorney and staff? How case will be handled? What case will cost? Firm has expertise for the case? Possible outcomes?

INITIAL INTERVIEW Firm: Conflict of interest? Rapport with client? Firm ability to meet challenges of case? Client ability to pay for services?

CLIENT COST CONSIDERATIONS Costs vs. Fees

Costs—out-of-pocket expenses of the case. Fees—money paid to firm for its time.

RULE: Unless by agreement or law, the prevailing party can recover costs but not fees.

FEE AGREEMENTS Hourly Contingency Fixed Combination

ACCEPTING NEW CLIENT Sign fee agreement Note all deadlines Get all information and documents Smooth transition with prior attorney

SUMMARY Interview, Fee Agreements, Substitutions PREVIEW Courts in California Jurisdiction