Outline of Representation:
From
the Initial Interview to Settlement
or Trial
The first step in the process
of working on your case involves
the client
interview. You
and family members involved will
meet with us either in our office
or your home to discuss the case.
We will need to explore the facts
and circumstances
giving rise to the claim.
Our
office will have to gather more
information in the investigation
of your case, such as medical records,
bills, police reports, witness
statements, photographs, and other
materials, but at least, initially,
whatever information you have will
be helpful in discussing the case
with you.
We will discuss
the law as it is applied to the
facts of the case as known at this
time and possible outcomes of your
case. Many times we will
not be able to assess the value
other than in general terms because
the injured person is still undergoing
treatment and, in most cases, the
medical professionals will not
be able to provide a firm prognosis.
Valuation
of your case is in part dependent
on the nature and extent of your
injuries and the future consequences
of the injuries including future
medical and other economic costs.
We will ask you to sign an agreement
hiring us as your attorney as well
as sign medical authorization and
sign authorizations for the release
of other relative records, such
as wage statements from your employer.
- The next step
involves opening
and organizing a file on your case and collecting
as much evidence and information
as possible to help prove and document
your case.
This includes preparation
of exhibits and demonstrative aids.
We will research applicable laws
and medical treatises and articles
to review and support your case.
Depending on the type and complexity
of the case we will visit the scene
of the occurrence. If medical or
other types of scientific experts
are needed on your case we will
contact and consult with them.
- Once we have enough evidence
to support the claim and evaluate
the damages and merits of the case
we will discuss with the client
issues such as proceeding
with trying to settle the case with
the wrongdoer/defendant or filing
a lawsuit and proceeding with litigation.
Both
scenarios have their merits but
it depends upon the type and complexity
of the case. Often
it takes a lawsuit for us to get
the information we need. We will
discuss what is in the best interests
of the client.
- Settlement
negotiations can be relatively fast or slow
and tedious. Sometimes
the parties will decide that a
skilled independent mediator will
help the process and bring the
parties closer to agreeing to a
reasonable settlement.
Many factors
are important on recommending and
agreeing to settle. For a further
discussion see my article, "Recommending
Settlement or Trial to a Client",
appearing in the St Louis Lawyer
magazine. A copy can be provided
on request.
If the case goes to
suit and litigation the client
will be asked to fill out answers
to "interrogatories" that the defendant’s
lawyer sends to us.
These
are questions about the nature
of your case including facts, medical
providers, bills, economic losses,
witnesses, etc. We of course assist
the client in answering the "interrogatories".
We will also be required to produce
relevant documents supporting your
case, such as records, bills, tax
documents, statements, etc.
Next
will be the "depositions" of the
parties and witnesses. Depositions
are sworn statements in response
to oral questions by the attorneys.
Depositions are an oral and detailed
inquiry into your case, including
your background, the events surrounding
and causing your injuries, your
damages including medical care.
Basically, everything you personally
know about your case.
However,
any discussions you have had with
your attorney are protected by
the attorney-client privilege and
the attorney cannot ask you to
disclose this information.
- The
final step will be actually having
your case
tried to a jury in court.
The jury decides whether you win
or lose and if you win then the
jury will assess your damages.
Sometimes appeals will occur, sometimes
the cases will settle after the
trial.
Obviously, this is only a brief
outline of your case from beginning
to end and if we are your attorney
we will discuss the case and the
issues throughout our representation
and answer your questions to the
best of our ability.
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