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Published byMaud Lucas Modified over 5 years ago
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CALIFORNIA CIVIL LITIGATION INITIATING THE CLIENT RELATIONSHIP
© 2005 by Thomson Delmar Learning. All Rights Reserved.
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FIRST CONTACT WITH PROSPECTIVE CLIENT
Determine: Any client deadlines? Is case of interest to the firm? Was client referred?
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PREPARE CLIENT FOR INTERVIEW
Advise client to bring: Information Documents Pleadings
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PREPARE FIRM FOR INTERVIEW
Conflict of Interest Meritorious Competence Expertise/Interest in Case
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CONFLICTS OF INTEREST Does attorney or paralegal have prior relationship with any adverse party?
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FIRM’S FINANCIAL CONSIDERATIONS
Compatibility with practice? Financial ability to handle case?
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INITIAL INTERVIEW Firm: Learn about the case and client
Build client confidence Communication protected by privilege
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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?
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INITIAL INTERVIEW Firm: Conflict of interest? Rapport with client?
Firm ability to meet challenges of case? Client ability to pay for services?
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CLIENT COST CONSIDERATIONS
Costs vs. Fees
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Costs—out-of-pocket expenses of the case.
Fees—money paid to firm for its time.
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RULE: Unless by agreement or law, the prevailing party can recover costs but not fees.
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FEE AGREEMENTS Hourly Contingency Fixed Combination
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ACCEPTING NEW CLIENT Sign fee agreement Note all deadlines
Get all information and documents Smooth transition with prior attorney
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SUMMARY Interview, Fee Agreements, Substitutions
PREVIEW Courts in California Jurisdiction
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