How To Interview Clients (I)

by Ellsworth T. “Derry” Rundlett III

Your first contact from the client likely will be by telephone. If you are fortunate enough to have the client call soon after the incident, your firm will have the opportunity to orchestrate and control the case from the very beginning. This aspect is crucial to any small personal injury case because it gives your firm a tremendous advantage in maximizing the damages. As a paralegal, you can help your legal team avoid common pitfalls that occur during a personal injury case, many of which are caused by the client’s own conduct or failure to act.

When your firm receives the first telephone call, the object is to put the client at ease and elicit confidence in the attorney and the firm. This easily can be done if you follow the simple format outlined in this article. Assure the potential plaintiff that his or her call will be returned as soon as possible, even if it’s after hours. Once the client is reached, the following information should be elicited.

Questions to Ask a Potential Client

If your legal team asks a series of questions at the outset, the prospective client will know your firm has a grasp of personal injury law and, more importantly, that the attorney is interested in the case. The following is a list of potential questions your attorney might ask in the first telephone conference. The questions don’t have to be answered in detail but after learning the answers, your attorney will have some idea as to the basic value of the case and will have at least an initial assessment of the potential client.

1. What was the date of incident? If the incident happened recently, your firm will be able to control the case from this point forth. If the incident happened quite some time ago or if the statute of limitations is approaching, be aware that the client might already have compromised his own case.

2. How did the incident happen? This is extremely important in determining the liability question. If the client fell down his own set of stairs or drove his automobile off the road into a tree, your attorney might not want to waste more time discussing the case. If the client is vague or evasive as to how the incident happened, you can be sure that the rest of the case might be quite difficult.

3. Where did the incident occur? This question is important because it determines the appropriate venue if the case proceeds to suit. If the incident happened in your county or locality, then the convenience of trying the case will make a difference.

4. What injuries occurred? And how adept is the client in explaining the nature of these injuries?

5. What are the present physical complaints? This element also goes to the potential damage question. It would be premature to make a final assessment with this question, but if the injuries took place and have resolved with little difficulty, the potential value of the case can be assessed at this point.

6. Were there any witnesses? This element will help your attorney take control of an important liability factor. If the incident is serious and there are witnesses to the incident, they should be approached as soon as possible.

7. What medical facilities or physicians treated the client? If the potential client has not yet seen a doctor or visited a medical facility, serious doubt will be shed on the damage issue unless the accident just happened. The names of the facilities and physicians also will assist in the initial determination of damages. Has the client seen an orthopedic surgeon or a chiropractor? Did the client go to a walk-in medical clinic or a hospital? Were X-rays taken or did the doctor make a diagnosis based upon just history and examination?

8. Does the client have insurance? If the client has no insurance, your attorney immediately should realize the necessity of clear liability and a defendant with insurance or assets. If the client has plenty of insurance, this also will determine, to some extent, the client’s character and stature in the community.

9. Has the client had contact with any insurance companies? If the incident happened quite some time ago and there has been no contact with the client’s own carrier, you should question why. If the carriers have been contacted, then you don’t have the problem of notice.

10. Where is the item that caused the injuries? If an automobile, product or faulty stair has caused the injuries, pictures should be taken as soon as possible before repair. If it’s a products liability case, then the item should be preserved immediately.

11. Have any pictures been taken? If pictures have not been taken, instruct the client to do so immediately. If they have been taken, they should be brought to the initial interview for assessment. If it’s an automobile case, the extent of damage to the vehicle will give excellent insight into the liability and damage criteria.

12. Has the client contacted any other attorneys? If the potential client is shopping around, beware. Either the other firms are not interested or the potential client is looking for the answers he or she wants to hear.

13. How did the client obtain your firm’s name? If the case has been referred by a respected client, you will have some idea as to the confidence your potential client has in your firm. The source of referral also will give you some insight into the sincerity of the potential client.

14. Has the client had contact with an insurance adjuster? If the client already has been contacted by an insurance adjuster, a substantial amount of time and effort can be saved in making the first contact to the insurance company. If the incident happened several weeks or longer before the phone call, you might have difficulty in making first contact with the insurance carrier.